David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Stetson Law Review 36 (3) (2007)
Peer review and publication is one of the factors proposed in Daubert v. Merrell Dow Pharmaceuticals, Inc. as indicia of the reliability of scientific testimony. This Article traces the origins of the peer-review system, the process by which it became standard at scientific and medical journals, and the many roles it now plays. Additionally, the Author articulates the epistemological rationale for pre-publication peer-review and the inherent limitations of the system as a scientific quality-control mechanism. The Article explores recent changes in science, in scientific publishing, and in the academy that have put the system under strain. The Author argues that Justice Blackmun's advice to courts - that peer-reviewed publication is relevant, but is not dispositive - is of little practical help. Instead, the Author suggests questions that courts should ask in assessing the significance of the fact that testimony is, or is not, based on peer-reviewed publication and illustrates with reference to another Bendectin case, Blum v. Merrell Dow Pharmaceuticals, Inc., where some of these questions were asked.
|Keywords||Peer review Scientific testimony|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Susan Haack (2012). The Embedded Epistemologist: Dispatches From the Legal Front. Ratio Juris 25 (2):206-235.
Douglas Walton & Nanning Zhang (2013). The Epistemology of Scientific Evidence. Artificial Intelligence and Law 21 (2):173-219.
Similar books and articles
Arthur Stamps (1997). Using a Dialectical Scientific Brief in Peer Review. Science and Engineering Ethics 3 (1):85-98.
Wendy Lipworth, Ian Kerridge, Stacy Carter & Miles Little (2011). Should Biomedical Publishing Be “Opened Up”? Toward a Values-Based Peer-Review Process. Journal of Bioethical Inquiry 8 (3):267-280.
Arthur E. Stamps (1997). Advances in Peer Review Research: An Introduction. Science and Engineering Ethics 3 (1):3-10.
Leigh Turner (2003). Promoting F.A.I.T.H. In Peer Review: Five Core Attributes of Effective Peer Review. [REVIEW] Journal of Academic Ethics 1 (2):181-188.
Sivaramjani Thambisetty & Kartik Kumaramangalam, Peer-Review and Patents: Why the Goose That Lays the Golden Egg is a Red Herring.
David B. Resnik, Christina Gutierrez-Ford & Shyamal Peddada (2008). Perceptions of Ethical Problems with Scientific Journal Peer Review: An Exploratory Study. Science and Engineering Ethics 14 (3):305-310.
Ronald N. Kostoff (1997). The Principles and Practices of Peer Review. Science and Engineering Ethics 3 (1):19-34.
J. Scott Armstrong (1997). Peer Review for Journals: Evidence on Quality Control, Fairness, and Innovation. Science and Engineering Ethics 3 (1):63-84.
Domenic V. Cicchetti (1997). Referees, Editors, and Publication Practices: Improving the Reliability and Usefulness of the Peer Review System. Science and Engineering Ethics 3 (1):51-62.
Added to index2009-01-28
Total downloads26 ( #63,398 of 1,096,462 )
Recent downloads (6 months)1 ( #238,630 of 1,096,462 )
How can I increase my downloads?