The Proposed "Science Court"

Authors

James A. Martin, University of Michigan Law SchoolFollow

Abstract

This article discusses the desirability of establishing some kind of science court. Section I examines arguments in favor of the creation of a science court. Section II compares the truth-seeking devices of the scientific method and the legal system in order to assess their merits in assisting the public policymakers faced with issues involving scientific matters. Section III discusses the various models that have been proposed for a science court. Section IV concentrates on the model proposed by Dr. Arthur Kantrowitz, taking it as the preferred model, and defends it against some criticism while suggesting various refinements. Section V examines the potential dangers of such an adjudicatory device to see whether or not they can be overcome. Section VI supplies an imagined case history of a case submitted to a science court in order to illustrate the concepts discussed in the article. Finally, section VII examines the weaknesses of the proposal and ponders the underlying question, is it worth it?

Recommended Citation

James A. Martin, The Proposed "Science Court", 75 Mich. L. Rev. 1058 (1977).
Available at: https://repository.law.umich.edu/mlr/vol75/iss5/12