law

Courtrooms are generally not a good place to decide issues of science. I've said this more times than I can remember. Admittedly, courts can at times do pretty well with issues of science. The Vaccine Court is a good example, as is the Autism Omnibus decision, which ruled that the test cases brought before the Vaccine Court to determine if there was a plausible case to show a potential causative relationship between vaccines and autism. The court ruled against the test case complainants, even though the rules of evidence are those of a civil court, in which "50% and a feather" are all that is…

No joke: California Governor Jerry Brown signed a bill to regulate 'gas' emissions from cows along with other sources of greenhouse gases, of course. According to an interview from NPR, dairy cows are the number one producer of methane in California. The problem with methane is that it is a major component of smog, although according to scientists at the University of California Santa Barbara, it is not the leading cause of global warming. In fact, agriculture-related methane and carbon dioxide emissions are responsible for only 6-7% of greenhouse emissions. Researchers at Penn State…

Yesterday, I wrote about the winner of the Nobel Prize in Physiology or Medicine, Youyou Tu, who, after screening 2,000 herbal treatments from traditional Chinese medicine (TCM) for anti-malaria activity, finally discovered Artemisinin. She isolated it from the plant in which it is found, using modern chemistry to isolate it, purify it, and later chemically modify it to make it more active against malaria. Tu deserved the Nobel Prize for her years of screening. As I pointed out, contrary to how the awarding of the Nobel Prize to Tu is being spun, it is not a validation of TCM, but rather of…

One aspect of science-based medicine (SBM) that I perhaps don't spend enough time and effort on is the intersection of law and medicine for areas in medicine other than the infiltration of pseudomedicine like "complementary and alternative medicine" (CAM) into academia and the never-ending quest of quacks like naturopaths to gain state licensure in states where such pseudomedicine is not licensed and to expand their scope of practice in states where it is. Instead, Instead, I'll look at something going on in my state, namely an effort to expand the scope of practice of a group of medical…

Antivaccinationists endanger public health. They deny to high heaven that that is what they do, but they are deluding themselves. Their fear mongering about vaccines, in which vaccines in general or specific ingredients are portrayed as causing autism and a wide variety of chronic diseases, despite study after study failing to find even a whiff of a hint of a correlation between vaccines or vaccine ingredients and autism, have resulted in precipitous declines in vaccination rates in some areas and contributed to an increase in the distrust of vaccines by parents. In the US, although overall…

I'm pleased the Supreme Court has decided to reject the idea of patenting genes, as such case law would be restrictive to scientific discovery and also just feels fundamentally icky. From a legal perspective, as far as I understand patent law (not a lawyer here), it also seemed to fail on the more basic level of novelty and obviousness. The methods used to discover such genes were not what was invented. And one could conceive of "gene trolls" that would seek out gene aberrations and sit on them, just like other patent trolls, waiting for a payout and hindering scientific and medical…

Many bloggers and commentators have expressed outrage over the decision by Virginia to require ultrasound examination, possibly transvaginal ultrasound, prior to women obtaining an abortion. From Bill Maher to Dahlia Lithwick people are outraged and have even suggested that it should be considered rape to force women to undergo vaginal examination by ultrasound prior to receiving abortion. Worse, it's clear from statements like this one by delegate Todd Gilbert, that there isn't a medical concern related to this intervention. It's simply designed to humiliate women and interfere with the…

Mika Tan is a 30-something biochemistry graduate working in the United States. She also happens to be a successful porn actress. Tan helped me out when I was looking for a security expert to provide some context on an article about hacking luxury cars; since then I've been following her on Twitter, because, hey, nothing livens up a Twitter stream like a little gangbang gossip in the mornings. One of the recurring themes on Tan's list of bugbears is her ongoing strife with Facebook, which repeatedly suspends her account for breaching rules on graphic content. This opens up an important…

After the Cronon affair, more Freedom of Information Act requests targeting faculty at public universities. Clearly Walkers in Wisconsin in Labor are of interest to Republicans who Protest Democratic conspiracies against Governors and nothing makes the Maddow than Moore nonsense about injunctions and organized astroturf lawmaking. "The squid has eaten the squirrel!" These important matters should be emailed to everywhere in the .edu domain. Hey, if I am served, does that mean some paralegal will sort my inbox for me...? Win!

This time last year I sat in a small room at the Law Society surrounded by far more luminary individuals such as Simon Singh and Dara à Briain for the launch of the report Free Speech is Not for Sale, which highlighted the oppressive nature of English libel law. In short, the law is extremely hostile to writers, while being unreasonably friendly towards powerful corporations and individuals who want to silence critics. The guests heard from scientists, comedians, and journalists who had been gagged by these laws. The English libel law is particular dangerous for bloggers, who are generally…

Via Thoreau, a story at Free Range Kids about "zero tolerance" policy run amok, this time from someone who moved to the US as a kid and ran up against the modern school culture in a bad way: Once again, I came from a culture where you were made fun of if you forgot your pocket knife on a school trip. Then I entered a post-Columbine/Zero Tolerance hell. I hadn't used or even removed my knife from my bag while in school, but I did use it to cut a twig on my way home from school one day, and was apparently seen by one of my classmates. The next day, I was called into the principal's office where…

Two days ago I reported a rumour that the FDA might have convinced genotyping chip provider Illumina to stop providing its products to direct-to-consumer genetic testing companies - a move that would effectively prevent these companies from being able to operate. The rumour seemed plausible at the time, based on two pieces of evidence. Firstly, a letter sent to Illumina by the FDA in June warned the company that the use of its chips by personal genomics companies appeared to violate FDA regulations: Although Illumina, Inc. has received FDA clearance or approval for several of its devices,…

(This is an edited excerpt from an op-ed piece I just wrote for Xconomy, posted here as I think it provides some nuance on my views on regulation of genetic testing that was lacking from my post last week. Some context for new readers: a Congressional investigation into the direct-to-consumer (DTC) genetic testing industry last week left a sour taste in the mouths of many observers of the embryonic industry; it was a vicious, one-sided affair, starring a biased report on a "sting" operation performed by the US Government Accountability Office. Along with other recent moves by the FDA, it…

The brief Golden Age of direct-to-consumer genetic testing - in which people could freely gain access to their own genetic information without a doctor's permission - may be about to draw to a close. In a dramatic week, announcements of investigations into direct-to-consumer genetic testing companies by both the FDA and the US Congress have sent the personal genomics industry into a spin, and it is still impossible to say exactly which way it will be pointing once the confusion passes. I've been frustratingly unable to find the time to cover the developments as they happened due to other…

Would you believe this brain? Every few months, sometimes more often, someone tries to ramrod fMRI lie detection into the courtrooms. Each time, it gets a little closer. Wired Science carries the latest alarming story: A Brooklyn attorney hopes to break new ground this week when he offers a brain scan as evidence that a key witness in a civil trial is telling the truth, Wired.com has learned. If the fMRI scan is admitted, it would be a legal first in the United States and could have major consequences for the future of neuroscience in court. The lawyer, David Levin, wants to use that…

Given that the much-reviled Digital Economy Bill has been forced through Parliament into law, I thought I'd share the very long and very thoughtful email I received from my MP Richard Younger-Ross after I wrote to him in protest of some measures included in this proposed legislation (particularly odious is making the account-holder responsible for whatever allegedly happens through their connection, a plan that will likely wipe out wifi sharing in this country). Ross doesn't seem to have turned up to vote on the bill, but I don't hold much of a grudge against him for that: scheduling a vote…

Some time back I wrote to my MP, Lib Dem Richard Younger-Ross, to ask why he hadn't signed up to Early Day Motion 423 for libel law reform. I'm please to say I've received a reply in a bundle of forwarded mail. The news in a nutshell: Richard Younger-Ross wholeheartedly supports the campaign for libel reform! "As a nation we have found ourselves in the position where doctors who criticise heart implants and journalists who expose corporate cynicism are being sued in our courts for libel, rather than being congratulated for trying to save lives. This has to change. While individuals need a…

Last week I attended the launch of the Campaign for Libel Reform, a coalition of Index on Censorship, English Pen, and Sense About Science. Editors, writers, journalists, scientists and comedians came together to sign a petition demanding that Government address the problem of libel laws in this country, which stifle free speech, suppress research findings, gag journalists and silence critics. You can read their report describing how libel laws damage free speech here. The coalition is expected to grow to include human rights groups and other interested parties over the next year, but in…

I was just sent this email by a deCODEme customer: As a valued subscriber to deCODEme, we wanted to write to you directly to let you know about some important developments in the company and how we believe these will underpin our ability to continue to keep you in the forefront of understanding what the latest advances in genetics mean to you. For the past several months, deCODE has been working on restructuring its operations. One of the principal goals of this effort has been to enable us to find new investment that will continue our work in human genetics and to offer to our customers…

Struggling Icelandic biotech deCODE Genetics has finally reached the point of formal insolvency. A press release today announces that the company has filed for chapter 11 bankruptcy in a US court: In a filing with the U.S. Bankruptcy Court for the District of Delaware late on Monday, deCODE listed total assets of $69.9 million and total debt of $313.9 million, as of June 30. deCODE launched in 1996, basing its business plan on its unique access to biological samples and genealogical and medical records from the small, homogeneous Icelandic population. Since its launch it has proved wildly…