The Interstitium: Hiding in Plain Sight
Recently, researchers have announced the existence of what they believe to be a new organ labeled the “interstitium.” The article, published in Scientific Reports, received wide media coverage. In a press release announcing the study, it was reported: “The field has long known that more than half the fluid in the body resides within cells, […]
Specialization’s Limit
Specialization of labor––surely this makes the most sense. Hire the most highly qualified people, train them in a particular specialty, and then have them carry out that single specialized task. This has been the conventional wisdom for decades, used in a variety of contexts. There would seem to be no downside to this perfectly rational […]
Capability Ethos and the Law of Accidents
Where does tort law fit in as part of a country’s intellectual history? Does the law of accidents exert an influence upon a country’s basic belief system? The idea of restitution and recompense for negligently caused harm fits well into a universal-rights based belief system, one that protects and celebrates individual rights, one that sets […]
Daubert and the Ethical Limits of Human Testing
It’s well known that some areas of research cannot be tested in human double-blind studies due to ethical prohibitions. Researchers cannot knowingly inflict harm to one group. See, e.g., In re Zoloft (Sertraline Hydrocholoride) Products Liability Litigation, 26 F.Supp.3d 449, 453 (US Dist. Ct. E.D. Penn. 2014)(“Although the “gold standard” for epidemiological studies is the […]
Perfecting Prediction: A Search for the Right Detail
Part of one’s task is to predict what likely will occur in the future. Not many devote any real effort to improving this “skill.” It’s akin to mindreading––why bother to devote any time to it? There’s no point. Probability theory and statistics––these provide tools of analysis, but not the means of arriving at the values […]
Jury Selection and the Conjunction Fallacy
Once information is gathered, can it be correctly interpreted? We obtain fragments of the truth, but can we be sure we understand its significance? Our initial reaction is to rely on “common sense.” But too often our first take on things can be inaccurate. We assume facts are supportive when in fact they may be […]
Beyond the Horizon
An argument based on ideas differs from an argument based on people or things. In many instances, an argument based on ideas presupposes a frame of reference within which an evaluation can take place. An argument based upon people or things, however, requires no such assumption. One is asked to look, compare, and to draw […]
The Supremacy of Facts
The typical case is fact-specific where the outcome turns on the precise circumstances involved. Large ideas—the right to privacy, freedom of religion, freedom of speech, etc.—really do not play that important a role. The finder of fact is more interested in answering a simple question—what actually happened? But at the appellate level courts routinely have […]
