by Stephen J. Morse –
Professor Feldman has provided an accurate and unsettling diagnosis of the law’s misuse of science. Her central thesis is that the law defers to science far too much either by cloaking legal criteria in scientific terms, thus avoiding hard and indeed intractable problems, or by deferring to scientific experts essentially to decide difficult cases. Diagnosis is often a royal road to cure, but sometimes the patient is incurably ill with the disease the diagnosis accurately identifies. I fear that the legal patient in this case is incurably, but let us hope not terminally, ill.