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Thimerosal and Autism: A Paradigm for Judges to Act As Gatekeepers
One of the principal problems in our civil justice system is holding a defendant responsible for some very bad harm that it did not cause. Acting as 'gatekeepers,' judges are the key persons who can prevent this injustice, and many keep out both so-called 'junk science' and preserve the integrity of our legal system. Some very well meaning judges, however, do not do so. Sometimes, they can be persuaded to allow a jury to have a look at a case that should have been dismissed.
Articles in both legal and scientific journals can foster these unfortunate results. For example, an article titled 'No Longer Immune?' which appeared in the July 2006 issue of the ABA Journal, left the impression that a legitimate debate, both legal and scientific, exists about whether the vaccine preservative, Thimerosal', causes autism. The foundation for the article's controversy about Thimerosal-containing vaccines and autism needs to be challenged and put to rest. In that regard, numerous independent researchers and public health authorities have rejected the theory that an increase in Thimerosal-containing vaccines caused a rapid increase in the rate of autism. Continuing to treat this theory as legitimate and plausible causes fear and confusion among parents and the general public. Resources that are currently being used to pursue illusory proof of this theory should be redirected toward other potentially promising research regarding autism. Shifting the focus off Thimerosal and onto the genetic basis of autism will serve the best interests of children affected by autism and their families. Such a shift will also benefit the scientific and pharmaceutical communities whose resources might better be utilized for more productive research and development.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.