Posted on 12/05/2006 8:28:46 PM PST by neverdem
Idealistic lawyers and idealistic scientists often describe themselves as engaging in a search for truth.
The scientists follow the scientific method. They state their hypotheses, describe the ways they test them, present their findings — and wait for another researcher to prove them wrong. Lawyers’ practice is built on the idea that the best way to shake the truth out of a complex dispute is for advocates on each side to argue it, as vigorously as they can, in front of an impartial judge or jury.
These approaches work more or less well on their own. But when a legal issue hinges on questions of science, they can clash. And the collision can resound all the way up to the Supreme Court.
Last Wednesday, the nine justices heard arguments in the first global warming case to come before the court. Massachusetts, 11 other states and several cities and environmental groups are saying that the federal Environmental Protection Agency has ignored the requirements of the Clean Air Act and otherwise shirked its responsibilities by failing to regulate emissions of heat-trapping gases, chiefly carbon dioxide.
As the case made its way to the court, it generated interesting questions like whether states have a right to bring such a suit and whether E.P.A. action would amount to unauthorized interference in foreign policy.
But much of the argument hinged on scientific questions. Is the earth’s climate changing? If so, are human activities contributing to the change?
Mainstream science has answers to these questions (yes and yes). But while it is impossible to argue that earth has not warmed up a bit in the last century, there are still some scientists with bright credentials and impressive academic affiliations who argue that people don’t have much do to with it. As Justice Anthony M. Kennedy suggested...
(Excerpt) Read more at nytimes.com ...
he had law students bring suit against dry cleaners for charging women more for blouses than they charged men for shirts. it was for the course that they were to bring and follow the lawsuit.
I remember that.
I had a lawyer friend who so disliked Banzhaf that his dream case would be as a defense attorney against him.unfortunately he passed away before having the opportunity.
Math law.
Leave it to a lawyer to argue that 2+2=5, or that A is not A.
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