This report is a summary of the first meeting of the Science, Technology, and Law Panel. The Policy Division of the National Research Council established the panel to bring the science and engineering community and the legal community together on a regular basis to explore pressing issues, to improve communication, and to help resolve such issues between these communities.
This report is a summary of the first meeting of the Science, Technology, and Law Panel. The Policy Division of the National Research Council established the panel to bring the science and engineering community and the legal community together on a regular basis to explore pressing issues, to improve communication, and to help resolve such issues between these communities.
In the years since the Shelby Amendment, scientists, industry, and policy makers have struggled over how the public's new right of access should be applied to scientific data. There is loose agreement that research data should be accessible, but wide disagreement over the "depth" to which the public has such a right. The National Academies' Science, Technology, and Law Program held a workshop to explore the mounting tensions in the federal regulatory process between the need to provide access to research data and the need to protect the integrity of the research process. The workshop provided a picture of the debate arising from passage of the Shelby Amendment and the resulting OMB revisions of Circular A-110. This report is a summary of the workshop.
Governments have done much to leverage information technology to deploy e-government services, but much work remains before the vision of e-government can be fully realized. Information Technology Research, Innovation, and E-government examines the emerging visions for e-government, the technologies required to implement them, and approaches that can be taken to accelerate innovation and the transition of innovative information technologies from the laboratory to operational government systems. In many cases, government can follow the private sector in designing and implementing IT-based services. But there are a number of areas where government requirements differ from those in the commercial world, and in these areas government will need to act on its role as a "demand leader." Although researchers and government agencies may appear to by unlikely allies in this endeavor, both groups have a shared interest in innovation and meeting future needs. E-government innovation will require addressing a broad array of issues, including organization and policy as well as engineering practice and technology research and development, and each of these issues is considered in the book.
In 1993, the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., laid out a new test for federal trial judges to use when determining the admissibility of expert testimony. In Daubert, the Court ruled that judges should act as gatekeepers, assessing the reliability of the scientific methodology and reasoning that supports expert testimony. The resulting judicial screening of expert testimony has been particularly consequential. While the Supreme Court sought to bring better science into the courtroom, questions remain about whether the lower courts' application of Daubert accords with scientific practices. This report summarizes discussions held by an ad hoc committee of the The National Academies to consider the impact of Daubert and subsequent Supreme Court opinions and to identify questions for future study.
The National Academies Science, Technology, and Law Program convened three workshops focusing on specific aspects of OMB's "Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by Federal Agencies." The workshops were intended to assist the agencies in developing their agency-specific implementation guidelines. This workshop report details the approaches agencies are considering using to implement the guidelines.
The federal courts are seeking ways to increase the ability of judges to deal with difficult issues of scientific expert testimony. The workshop explored the new environment judges, plaintiffs, defendants, and experts face in light of "Daubert" and "Kumho," when presenting and evaluating scientific, engineering, and medical evidence.
The summary version of Emerging and Readily Available Technologies and National Security distills the findings and recommendations of the complete report into a a booklet format. The full report is available here.
This report reviews a variety of partnership programs in the United States, and finds that partnerships constitute a vital positive element of public policy, helping to address major challenges and opportunities at the nexus of science, technology, and economic growth.
The potential misuse of advances in life sciences research is raising concerns about national security threats. Dual Use Research of Concern in the Life Sciences: Current Issues and Controversies examines the U.S. strategy for reducing biosecurity risks in life sciences research and considers mechanisms that would allow researchers to manage the dissemination of the results of research while mitigating the potential for harm to national security.
The EPA commissioned The National Academies to provide advice on the vexing question of whether and, if so, under what circumstances EPA should accept and consider intentional human dosing studies conducted by companies or other sources outside the agency (so-called third parties) to gather evidence relating to the risks of a chemical or the conditions under which exposure to it could be judged safe. This report recommends that such studies be conducted and used for regulatory purposes only if all of several strict conditions are met, including the following: The study is necessary and scientifically valid, meaning that it addresses an important regulatory question that can't be answered with animal studies or nondosing human studies; The societal benefits of the study outweigh any anticipated risks to participants. At no time, even when benefits beyond improved regulation exist, can a human dosing study be justified that is anticipated to cause lasting harm to study participants; and All recognized ethical standards and procedures for protecting the interests of study participants are observed. In addition, EPA should establish a Human Studies Review Board (HSRB) to evaluate all human dosing studiesâ€"both at the beginning and upon completion of the experimentsâ€"if they are carried out with the intent of affecting the agency's policy-making.
Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.
In 1993, the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., laid out a new test for federal trial judges to use when determining the admissibility of expert testimony. In Daubert, the Court ruled that judges should act as gatekeepers, assessing the reliability of the scientific methodology and reasoning that supports expert testimony. The resulting judicial screening of expert testimony has been particularly consequential. While the Supreme Court sought to bring better science into the courtroom, questions remain about whether the lower courts' application of Daubert accords with scientific practices. This report summarizes discussions held by an ad hoc committee of the The National Academies to consider the impact of Daubert and subsequent Supreme Court opinions and to identify questions for future study.
Based on a series of regional meetings on university campuses with officials from the national security community and academic research institutions, this report identifies specific actions that should be taken to maintain a thriving scientific research environment in an era of heightened security concerns. Actions include maintaining the open exchange of scientific information, fostering a productive environment for international scholars in the U.S., reexamining federal definitions of sensitive but unclassified research, and reviewing policies on deemed export controls. The federal government should establish a standing entity, preferably a Science and Security Commission, that would review policies regarding the exchange of information and the participation of foreign-born scientists and students in research.
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