The Novel And Emerging Scholastic Privilege

Law360, New York (September 19, 2013, 6:56 PM EDT) -- Recently, academics and scientists have seemingly come under increased scrutiny — not in the peer review process of their theories and/or practices but rather by courts, litigators and prosecutors. These are not challenges of contrary findings, conclusions or analyses. Rather, these challenges use legal tools, strategies and arguments to pry into the methods and processes of the scientific work itself.

Scientists see these challenges as epistemological attacks on the field of science as a whole, while lawyers, law enforcement offices and companies seeking the information view...
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