Science, news, and the courts
National Public Radio played this morning two successive stories providing good examples of the reason that we have Daubert limitations on scientific evidence in Federal courts and in some states. (In Michigan, Daubert has not been judicially accepted, but the Legislature has adopted many of the same restrictions in MCL 600.2955.)
The first dealt with a hypothesis that the use of sonar by submarines does physiologic damage to whales and other sea mammals, providing a possible explanation for a recent series of beachings. After featuring a group which (surprise) has gone to court on this issue, the story ended with:
- a scientist stating that an association has not been proved
- the reporter then saying (a paraphrase) "doubts such as this may make it more difficult to take legal action to prevent the use of [a new variety of] sonar" by the Navy.
That is precisely the point. Daubert stands for the proposition that the courts must guard against such conclusions forming a basis for legal action unless and until they can be shown to be grounded in sound science and not just in supposition. In my humble opinion, that is a healthy improvement in the legal environment. Impediments to litigation, like gridlock in the government, may have a bad name but they are beneficial overall.
The other was a story featuring a man who believes that contrails (vapor trails left by high-flying military aircraft) are affecting the weather, and his study done shortly after September 11 demonstrating (1) there was a remarkable decline in the number of trails for a time and (2) there was a change in the weather during that time. Post hoc, ergo propter hoc. He surmises that vapor trails are acting like clouds, blocking sunshine from reaching the ground and keeping warmth and radiation trappped below. (See the article from Nature magazine.)
Now, a vapor trail is a very thin layer perhaps hundreds of feet across, compared to storm clouds which are miles thick and cover several hundreds of thousands of square miles at a time. In my view, nothing that man can do can come close to match the sheer power of natural forces. To some minds, though, a conclusion that "it cannot help" is enough to justify some precipitous governmental action.
7:54:10 AM
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