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Published by the American Geophysical Union as part of the Water Resources Monograph Series, Volume 8. The gavel goes down, the witness is called and sworn in: "Will you tell the truth, the whole truth, and nothing but the truth, so help you God?" Every court day scientists and engineers take this oath, yet few know the duties of an expert witness and fewer still know the procedures in a lawsuit. Unprepared for the courtroom, they watch a drama unfold without benefit of the plot (Ball, 1975). Courtrooms swirl with costume and ceremony. Jury, judge, and spectators assume roles: audience, director, trier of the facts. And the lawyers! Lawyers are the key dramatis personae. Protagonist and antagonist confront one another as lawyers argue their clients cases in the courtroom. They object endlessly. They cross-examine opposing witnesses mercilessly. They speak an opaque jargon of "laches," "remittitur" and "stare decisis." They speak Latin: "ab initio," "in pari causa," "lex loci actus." They speak old French: "estoppel," "fee simple," "voire dire." And they speak law-speak: "abuse of discretion," "clearly erroneous," "malice aforethought" (Mellinkoff, 1963). They call contrary versions of the same story true. They plead for understanding and compassion. They mix independent variables called "facts" and a dependent variable called "law" into an argumentative gruel for court consumption. Then it's over, and the judge delivers his or her opinion. One lawyer calls it the decision of the decade, a magnificent example of benign, reasoned law. The other darkly threatens to appeal all the way to the Supreme Court, if necessary, to relieve an onerous and oppressive injustice. All of this is fascinating theatre, but to the unprepared scientist or engineer, the drama has none of the charm and all of the clarity of a Japanese "Noh" play.
The increased technical nature of litigation coupled with an increase in the number of cases have given rise to the need for a book specifically written for scientists and engineers called to testify as expert witnesses. Unique in its approach, The Scientist or Engineer as an Expert Witness assists these experts in clearly conveying the often compl
The only treatment of ethics from a scientific and engineering perspective The pursuit of science and engineering requires freedom of thought and, in the academic sense, unrestricted communication. It is through the professionalism of the members of these disciplines that world knowledge and technology advances. Yet there are continuous reports of unethical behavior in the forms of data manipulation, cheating, and plagiarism at the highest levels. The motivations for this behavior are varied, such as the need to advance one's career or to obtain research funding. This book gives an account of scientific and engineering disciplines and examines the potential for unethical behavior by professionals. Documented examples are presented to show where the matter could have been halted before it became an unethical issue. The authors also look to the future to see what is in store for professionals in science and engineering and how the potential for unethical behavior can be negated.
Engineers may become involved in litigation for various reasons. Some common examples include product liability and accident investigation cases. The information and suggestions included in An Engineer in the Courtroom will enable engineers to do a proper and professional job when dealing with matters of litigation, in and out of the courtroom. Chapters Cover: Introduction The Nature of Accidents Why Go to Court? Avoiding Litigation The Litigation Process Engineers and Engineering Information How the Engineer Can Help the Attorney The Discovery Process The Deposition The Trial Questions Accident Reconstruction Definitions and Techniques Employed by Attorneys War Stories Tips for the Engineer Involved in Litigation An interesting, informative, "must-read" book for engineers involved in product design, consulting, or accident investigation, and an ideal reference for lawyers to have on hand to give to engineers serving as expert witnesses.
This second edition of Biomaterials Science leads the field by providing a balanced, insightful view of biomaterials. Contributions from pre-eminent researchers and practitioners from diverse academic and professional backgrounds have been integrated into a cohesive curriculum which includes pertinent principles of cell biology, immunology and pathology focusing on the clinical uses of biomaterials as components of implants, devices, and artificial organs, and their uses in biotechnology. The materials science and engineering of synthetic and natural biomaterials and the characterization of their physical, chemical, biochemical and surface properties, and mechanisms and evaluation of interactions with tissue, are also addressed in detail. Book jacket.
This book provides an invaluable source of information for physicians and forensic scientists who are involved as expert witnesses in civil and criminal litigation. Manipulative and opportunistic lawyers can lead an unsuspecting scientific expert into a potentially dangerous situation that could result in personal embarrassment, professional organizational disciplinary action, or even formal legal charges. Areas of ethical behavior are identified for the forensic witness concerning their relationships with attorneys, other experts, and litigants. Specific topics include: (1) selection, regulation, and duties of the forensic expert; (2) litigation and legal matters, unethical conduct, fees, advertising, and publicity; (3) oral testimony, the expert-client relationship, confidentiality, contractural arrangements, scientific and demonstrative evidence; (4) practical issues for attorney preparation and the qualities and attitudes of medical experts. In addition, forensic aspects of alcoholism and drug abuse plus the use and abuse of forensic sciences are discussed, with an entire chapter devoted to the O. J. Simpson case. Finally, the book thoroughly emphasizes the importance of the Ethical Medicolegal Report and the Code of Professional and Ethical Conduct.
Engineering Standards for Forensic Application presents the technologies and law precedents for the application of engineering standards to forensic opinions, discussing Fundamentals, Disciplines, Engineering Standards, The Basics and the Future of Forensics. The book explores the engineering standard and how it is used by experts to give opinions that are introduced into evidence, and how they are assumed to be the best evidence known on the topic at hand. Final sections include coverage of NFL Brain Injuries and the Flint Water Crisis. Examples of the use of engineering standards are shown and discussed throughout the work. - Addresses a wide variety of forensic engineering areas, including relevant law - Provides a new approach of study that includes the work of both engineers and litigators - Contains contributions from over 40 experts, offering the reader examples of general forensic methods that are based on reliable engineering practice