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August 16, 2009 18:15

The Law Professor Blogs Network has ceased publication of this blog.

Osborne and the Right to Post-conviction DNA Testing (II)

June 22, 2009 02:56

On November 8, 2008, I outlined the issues in the Osborne case that the Supreme Court decided a few days ago (June 18, 2009). The Court avoided the core issue of whether a prisoner has a right to be released...

Taking Liberties with the Numbers

April 18, 2009 23:43

This month's issue of the California Lawyer perpetuates the confusion in the media about DNA database trawls. In an article entitled "Guilt by the Numbers: How Fuzzy is the Math that Makes DNA Evidence Look So Compelling to Jurors?," award-winning...

Two Cases on Multiple Chemical Sensitivity

April 16, 2009 17:06

A diagnosis that is presented in courts with some regularity is "multiple chemical sensitivity." Wikipedia provides the following links and remarks about its dubious scientific status: "Because of the lack of scientific evidence based on well-controlled clinical trials that supports...

Genetic Datasets to Stay Closed

March 07, 2009 22:59

"The National Human Genome Research Institute is sticking with a decision, made last summer, to remove free-access, pooled genomics data [from] the Internet." An article in the American Scientist implies that one reason for the decision is that "law enforcement...

McDaniel v. Brown: The Supreme Court, Bayes' Theorem, Five Brothers, and Two Errors in DNA Probabilities

March 07, 2009 21:36

At the end of January, the Supreme Court granted a petition for the writ of certiorari in McDaniel v. Brown. I noted this case back in May 2008. In Brown v. Farwell, 525 F.3d 787 (9th Cir. 2008), as the...

Viewing the National Academy Report on Forensic Science

February 19, 2009 13:21

The National Academy of Science has been generating a lot of reports recently on forensic science topics. Its latest, long-delayed, long-awaited effort is the most ambitious. It surveys all fields of forensic science and calls for dramatic reforms in the...

Simpley neurology

November 22, 2008 15:32

Around the 1950s, psychiatry and law was in vogue. Today, we are hearing a lot about neurology and law. In the spirit of Jay Leno's "Headlines," here is an advertisement from the Oxford University Press catalog: Neurology Second Edition Michael...

Osborne and the Right to Post-conviction DNA Testing

November 08, 2008 03:25

The Supreme Court will consider whether an individual convicted of a crime has a constitutional right to obtain a DNA sample that might exonerate him. The case that raises this issue has produced four appellate opinions so far. The one...

Genetics Datasets Closed Due to Forensic DNA Discovery

September 05, 2008 22:09

Until last Friday, the National Institutes of Health (NIH) and other groups had posted large amounts of aggregate human DNA data for easy access to researchers around the world. On Aug. 25, however, NIH removed the aggregate files of individual...