Science, Technology, Judges, and Juries

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2 Responses

  1. Orin Kerr says:

    If you’re looking for a democratically accountable body that can accommodate a wide range of public opinions and can consult with subject-matter experts, isn’t that pretty much what the legislature is for? My views here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=421560

  2. Meghan Ryan says:

    Thanks, Orin, for your comment, and I look forward to reviewing your article. Legislatures, when they act, may be helpful in deciding some of these issues. I’m not sure legislatures will anticipate and act in all relevant instances, though, which is where juries might come in. It sounds like we’re on the same page with judges’ capabilities in wading through these complicated issues of law and science. You can find my take on the issue at http://ssrn.com/abstract=2283393.