“In this age of science we must build legal foundations that are sound in science as well as in law.”

Associate Justice of the Supreme Court Stephen G. Breyer, February 1998

THE COMMITTEE					PROJECTS AND EVENTS CURRENT PROJECTS Committee on Identifying the Needs of the Forensic Science Community NEW! COMMITTEE REPORT RELEASED The Committee on Identifying the Needs of the Forensic Science Community released its report, “Strengthening Forensic Science in the United States: A Path Forward,” at a public briefing at 1:00 p.m. EST on Wednesday, February 18, 2009. The report is available online at: http://www.nap.edu. Press Release Opening Statement – Harry T. Edwards Opening Statement – Constantine Gatsonis Listen to the Briefing -------------------------- Committee on University Management of Intellectual Property: Lessons from a Generation of Experience, Research, and Dialogue -------------------------- Committee on the Development of the Third Edition of the Reference Manual on Scientific Evidence ------------------------------------------------------- UPCOMING EVENTS Fifth Meeting of the Committee on University Management of Intellectual Property: Lessons from a Generation of Experience, Research, and Dialogue June 1-2, 2009 Washington, DC Opportunities and Challenges in the Emerging Field of Synthetic Biology: A Symposium July 9-10, 2009 Washington, DC Direct to Consumer Genetic Testing: A Cross-Academies Workshop August 31-September 1, 2009 Washington, DC Eighteenth Meeting of the Committee on Science, Technology, and Law October 19-20, 2009 Washington, DC ------------------------------------------------------- PAST NEWS AND EVENTS
The National Academies in 1998 established the Science, Technology, and Law (STL) Program, (now called the Committee on Science, Technology, and Law) to bring together the science and engineering community and the legal community to explore pressing issues, improve communication and help resolve issues between the two communities. A major activity for the program has been the convening of a distinguished committee chosen for their knowledge and expertise and who represent a wide range of organizations including federal courts, the legal community, industry, academia, and government. Under the leadership of co-chairs Donald Kennedy and Richard Merrill, the committee meets several times a year in a neutral and non-adversarial setting to discuss critical issues at the interface of science, technology, and the law; to promote understanding; and to develop imaginative approaches to solving problems of mutual concern.
COMMITTEE REPORTS
NEW!
Strengthening Forensic Science in the United States: A Path Forward
	Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community.
Evaluation of the Reference Manual on Scientific Evidence: Letter Report
	At the request of the William & Flora Hewett Foundation, the Committee on Science, Technology, and Law established an ad hoc committee to assess the effectiveness of the first and second editions of the Reference Manual on Scientific Evidence; a manual used by judges to understand the underpinnings of scientific inquiry. Evaluation of the Reference Manual on Scientific Evidence assesses the effectiveness of the earlier editions of the manual and makes recommendations for the structure and content of the third edition, which will be developed jointly by the Federal Judicial Center and the National Academies.
Science and Security in a Post 9/11 World: A Report Based on Regional Discussions Between the Science and Security Communities
	To strengthen the essential role that science and technology play in maintaining national and economic security, the United States should ensure the open exchange of unclassified research despite the small risk that it could be misused for harm by terrorists or rogue nations. Because science and technology are truly global pursuits, U.S. universities and research institutions must continue to welcome foreign-born science and engineering students. This report identifies specific actions that should be taken to foster open exchange of scientific research.
Discussions of the Committee on Daubert Standards: Summary of Meetings
	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.
Reaping the Benefits of Genomic and Proteomic Research: Intellectual Property Rights, Innovation, and Public Health
	The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.