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Daubert V. Merrell Dow Pharmaceuticals, Inc.
''Daubert v. Merrell Dow Pharmaceuticals, Inc.'', 509 U.S. 579 (1993), is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts. In ''Daubert'', the Court held that the enactment of the Federal Rules of Evidence implicitly overturned the ''Frye'' standard; the standard that the Court articulated is referred to as the ''Daubert'' standard. Facts Jason Daubert and Eric Schuller were born with serious birth defects. They and their parents sued Merrell Dow Pharmaceuticals Inc., a subsidiary of Dow Chemical Company, in a California District Court, claiming that the drug Bendectin had caused the birth defects. Merrell Dow moved the case to federal court, and then moved for summary judgment because their expert submitted documents showing that no published scientific study demonstrated a link between Bendectin and birth defects in humans. Daubert and Schuller submitted expert evidence of their own that suggested that Bendectin co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from volume 1 to volume 351, whereas the second series contains cases starting from the official reporter volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are published far in advance of the official reporter. As such, it is similar to West's unofficial ''Supreme Court Reporter'' (S. Ct.). ''Lawyers' Edition'' case reports dif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bendectin
Pyridoxine/doxylamine, sold under the brand name Diclectin among others, is a combination of pyridoxine hydrochloride ( vitamin B6) and doxylamine succinate. It is generally used for nausea and vomiting of pregnancy (morning sickness); even though its efficacy has not been proven and subsequent research has led to the removal of recommendations in medical journals. Medical uses The combination of pyridoxine, commonly referred to as vitamin B6 and doxylamine may be an effective for the management of nausea and vomiting of pregnancy, but it is only recommended for use in a small number of cases after lifestyle, diet and vitamin B6. A 2018 review found the benefit was small. Doxylamine and pyridoxine are pregnancy compatible drugs,Briggs GG, Freeman RK. Drugs in Pregnancy and Lactation: A Reference Guide to Fetal and Neonatal Risk, 10th edition. 2015. Published by: Wolters Kluwer Health. consistent with FDA's safety assessment of the combination product. They have been categoriz ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daubert Standard
In United States federal law, the ''Daubert'' standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a ''Daubert'' motion, a special motion ''in limine'' raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The ''Daubert'' trilogy are the three United States Supreme Court cases that articulated the ''Daubert'' standard: *'' Daubert v. Merrell Dow Pharmaceuticals, Inc.'' (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the ''Frye'' standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead; *''General Electric Co. v. Joiner'' (1997), which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the proper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kumho Tire Co , a South Korean tire manufacturer separated from Kumho Asiana Group after it was sold to Double Star in 2018
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Geumho, Kumho, or Kǔmho ( ko, 금호) may refer to: * Kumho (South Hamgyong), North Korea * Geumho River, Gyeongsangbuk-do, South Korea * Geumho-eup, a town in Yeongcheon, North Gyeongsang, South Korea * Geumho-dong, Seungdong-gu, Seoul, South Korea * Geumho Station, Seoul Metro station in Geumho-dong, Seungdong-gu, Seoul, South Korea Companies * Kumho Asiana Group, a South Korean conglomerate * Kumho Petrochemical and subsidiaries, a South Korean conglomerate spun off from the Kumho Asiana Group * Kumho Tire Kumho Tire (formerly known as Samyang Tire) is a Korean tire manufacturer. It is a subsidiary of Chinese tire conglomerate . Kumho Tire was previously operated as a business unit of the Kumho Asiana Group. Operations An industrial conglomerate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Falsifiability
Falsifiability is a standard of evaluation of scientific theories and hypotheses that was introduced by the philosopher of science Karl Popper in his book ''The Logic of Scientific Discovery'' (1934). He proposed it as the cornerstone of a solution to both the problem of induction and the problem of demarcation. A theory or hypothesis is falsifiable (or refutable) if it can be ''logically'' contradicted by an empirical test that can potentially be executed with existing technologies. Popper insisted that, as a logical criterion, it is distinct from the related concept "capacity to be proven wrong" discussed in Lakatos' falsificationism. Even being a logical criterion, its purpose is to make the theory predictive and testable, thus useful in practice. Popper opposed falsifiability to the intuitively similar concept of verifiability. Verifying the claim "All swans are white" would theoretically require observing all swans, which in actuality, is not possible. In contrast, obs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Karl Popper
Sir Karl Raimund Popper (28 July 1902 – 17 September 1994) was an Austrian-British philosopher, academic and social commentator. One of the 20th century's most influential philosophers of science, Popper is known for his rejection of the classical inductivist views on the scientific method in favour of empirical falsification. According to Popper, a theory in the empirical sciences can never be proven, but it can be falsified, meaning that it can (and should) be scrutinised with decisive experiments. Popper was opposed to the classical justificationist account of knowledge, which he replaced with critical rationalism, namely "the first non-justificational philosophy of criticism in the history of philosophy". In political discourse, he is known for his vigorous defence of liberal democracy and the principles of social criticism that he believed made a flourishing open society possible. His political philosophy embraced ideas from major democratic political ideologies, inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Science
Science is a systematic endeavor that builds and organizes knowledge in the form of testable explanations and predictions about the universe. Science may be as old as the human species, and some of the earliest archeological evidence for scientific reasoning is tens of thousands of years old. The earliest written records in the history of science come from Ancient Egypt and Mesopotamia in around 3000 to 1200 BCE. Their contributions to mathematics, astronomy, and medicine entered and shaped Greek natural philosophy of classical antiquity, whereby formal attempts were made to provide explanations of events in the physical world based on natural causes. After the fall of the Western Roman Empire, knowledge of Greek conceptions of the world deteriorated in Western Europe during the early centuries (400 to 1000 CE) of the Middle Ages, but was preserved in the Muslim world during the Islamic Golden Age and later by the efforts of Byzantine Greek scholars who brought Greek ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pseudoscience
Pseudoscience consists of statements, beliefs, or practices that claim to be both scientific and factual but are incompatible with the scientific method. Pseudoscience is often characterized by contradictory, exaggerated or falsifiability, unfalsifiable claims; reliance on confirmation bias rather than rigorous attempts at refutation; lack of openness to Peer review, evaluation by other experts; absence of systematic practices when developing Hypothesis, hypotheses; and continued adherence long after the pseudoscientific hypotheses have been experimentally discredited. The demarcation problem, demarcation between science and pseudoscience has scientific, philosophical, and political implications. Philosophers debate the nature of science and the general criteria for drawing the line between scientific theory, scientific theories and pseudoscientific beliefs, but there is general agreement on examples such as ancient astronauts, climate change denial, dowsing, evolution denial, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Junk Science
The expression junk science is used to describe scientific data, research, or analysis considered by the person using the phrase to be spurious or fraudulent. The concept is often invoked in political and legal contexts where facts and scientific results have a great amount of weight in making a determination. It usually conveys a pejorative connotation that the research has been untowardly driven by political, ideological, financial, or otherwise unscientific motives. The concept was popularized in the 1990s in relation to expert testimony in civil litigation. More recently, invoking the concept has been a tactic to criticize research on the harmful environmental or public health effects of corporate activities, and occasionally in response to such criticism. Author Dan Agin in his book ''Junk Science'' harshly criticized those who deny the basic premise of global warming, In some contexts, junk science is counterposed to the "sound science" or "solid science" that favors one' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polygraph
A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers; however, there are no specific physiological reactions associated with lying, making it difficult to identify factors that separate those who are lying from those who are telling the truth. In some countries, polygraphs are used as an interrogation tool with criminal suspects or candidates for sensitive public or private sector employment. US law enforcement and federal government agencies such as the FBI, DEA, CIA, NSA, and many police departments such as the LAPD and the Virginia State Police use polygraph examinatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Systolic Blood Pressure
Blood pressure (BP) is the pressure of circulating blood against the walls of blood vessels. Most of this pressure results from the heart pumping blood through the circulatory system. When used without qualification, the term "blood pressure" refers to the pressure in the large arteries. Blood pressure is usually expressed in terms of the systolic pressure (maximum pressure during one heartbeat) over diastolic pressure (minimum pressure between two heartbeats) in the cardiac cycle. It is measured in millimeters of mercury ( mmHg) above the surrounding atmospheric pressure. Blood pressure is one of the vital signs—together with respiratory rate, heart rate, oxygen saturation, and body temperature—that healthcare professionals use in evaluating a patient's health. Normal resting blood pressure, in an adult is approximately systolic over diastolic, denoted as "120/80 mmHg". Globally, the average blood pressure, age standardized, has remained about the same since 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The District Of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate courts, and covers only one district court: the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square, Washington, D.C. The D.C. Circuit's prominence and prestige among American federal courts is second only to the U.S. Supreme Court because its geographic jurisdiction contains the U.S. Capitol and the headquarters of many of the U.S. federal government's executive departments and government agencies, and therefore it is the main federal appellate court for many issues of American administrative law and constitutional law. Four of the current nine justices on the Supreme Court were previously judges on the D.C. Circuit including Chief Justice John Roberts, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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