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Appendix A Committee Biographies Margaret A. Berger, Co-Chair, A.B., Radcliffe College, J.D., Colum- bia University School of Law, is the Suzanne J. & Norman Miles Professor of Law at Brooklyn Law School in Brooklyn, New York. Professor Berger is widely recognized as one the nation's leading authorities on evidentiary issues, in particular scientific evidence, and is a frequent lecturer across the country on these topics. She is the recipient of the Francis Rawle Award for outstanding contribu- tion to the field of post-admission legal education by the American Law Institute/American Bar Association for her role in developing new approaches to judicial treatment of scientific evidence and in educating legal and science communities about ways to implement these approaches. Professor Berger recently completed her service as the Reporter for the National Commission on the Future of DNA Evidence's Working Group on Post-Conviction Issues. She has been called on as a consultant to the Carnegie Commission on Science, Technology and Government, and served as the Reporter to the Advisory Committee on the Federal Rules of Evidence. She is the author of numerous amicus briefs, including the brief for the Carnegie Commission on the admissibility of scientific evidence in the landmark case of Daubert v. Merrell Pharmaceutical, Inc. She has also contributed chapters to both editions of the Federal Judicial Center's Reference Manual on Scientific Evidence (1994, 2000). Her textbook, Evidence: Cases and Materials (9th ed. 1991)(with Weinstein, Mansfield and Abrams), is a leading evi- dence casebook. Professor Berger has been a member of the Brooklyn Law School faculty since 1973. Her past service on 23
DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS National Academies committees includes (1) Committee on Tagging Smokeless and Black Powder, and (2) Committee on DNA Technology in Forensic Science: An Update. She currently serves as a member of the National Academies Science, Technology, and Law Panel. Doug Weed, Co-Chair, is Chief, Office of Preventive Oncology and Dean of Education and Training in the Division of Cancer Preven- tion at the National Cancer Institute (NIH). He directs the Cancer Prevention Fellowship Program and the Summer Curriculum in Cancer Prevention and Control at the NCI. Dr. Weed is trained in engineering (B.Sc. 1974) and internal medicine (M.D. 1977) from the Ohio State University and public health (M.P.H. 1980) and epidemiology (Ph.D. 1982) from the University of North Carolina. He is a Fellow of the American College of Epidemiology and chairs its Ethics and Standards of Practice Committee. He holds academic appointments at Johns Hopkins University, Uniformed Services University of the Health Sciences, and Georgetown University, where he is Senior Research Fellow at the Kennedy Institute of Ethics. His research interests include the ethics and philosophy of epidemiology and public health, theory and practice of causal and preventive inference, theories of disease causation, quantitative and qualitative methodologies of epidemiology, and cancer prevention and control. Recently, Dr. Weed gave the Advances in Oncology lecture at McGill University, the Samuel Harvey lecture at the American Association for Cancer Education meeting, the keynote lecture for the Korean Society of Preventive Medicine, Grand Rounds at the Ohio State University Cancer Center, and seminars at the schools of public health at the University of California, Berkeley, Tulane University, and Harvard University. Shirley S. Abrahamson, B.A., New York University (1953); J.D., Indiana University Law School (1956); LL.B. (American Legal History), University of Wisconsin Law School, is Chief Justice, 24
Committee Biographies Wisconsin Supreme Court. She was appointed in 1976 (then the only woman to serve on the Court); was elected in 1979, 1989, and 1999. Since August 1996 she has served as Chief Justice and, in that capacity, serves as the administrative leader of the Wisconsin court system. Abrahamson was previously in private practice for 14 years and taught at the University of Wisconsin Law School and Marquette University Law School. She is a member of the Institute of Judicial Administration (New York University School of Law), chair of the board of directors of the National Center for State Courts, and president of the Conference of Chief Justices. She was chair of the National Institute of Justice, National Commission on the Future of DNA Evidence, and is a member of the Council of the American Law Institute. She has served on the State Bar of Wisconsin's Commission on the Delivery of Legal Services. She is the recipient of 14 honorary doctor of laws degrees and the Distin- guished Alumni Award of the University of Wisconsin Law School. She is a fellow of the Wisconsin Academy of Arts and Science and the American Academy of Arts and Sciences and an elected mem- ber of the American Philosophical Society. In 2004, she received the Dwight D. Opperman Award for Judicial Excellence from the American Judicature Society. Her current term expires in 2009. Joe S. Cecil, Ph.D. (Psychology), Northwestern University; J.D., Northwestern University, is a Project Director in the Division of Research at the Federal Judicial Center. Currently he is directing the Center's Program on Scientific and Technical Evidence. As part of this program he is responsible for judicial education and training in the area of scientific and technical evidence and serves as principal editor of the Center's Reference Manual on Scientific Evidence which is the primary source book on evidence for federal judges. He has also published several articles on the use of court- appointed experts. He is currently directing a research project that examines the difficulties that arise with expert testimony in federal courts, with an emphasis on clinical medical testimony and forensic 25
DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS science evidence. Other areas of research interest include federal civil and appellate procedure, jury competence in complex civil litigation, and assessment of rule of law in emerging democracies. Dr. Cecil serves on the editorial boards of social science and legal journals and on the National Academies He previously served on the National Academies Panel on Confidentiality and Data Access. He currently is a member of the National Academies Science, Technology, and Law Panel and was a member of its Subcommit- tee on Access to Research Data: Balancing Risks and Opportunities. Joel E. Cohen (NAS), Dr. P.H. (Population Sciences and Tropical Public Health), Harvard University; Ph.D. (Applied Mathematics), Harvard University, is Professor of Populations at the Rockefeller University and Columbia University and heads the Laboratory of Populations at Rockefeller and Columbia. Cohen is a member of the American Academy of Arts and Sciences, the American Philo- sophical Society, and the National Academy of Sciences. Dr. Cohen serves as a member of the worldwide Board of Governors of The Nature Conservancy. From 1991 to 1995 Dr. Cohen served as a U.S. Federal Court-appointed neutral expert on projections of asbestos- related claims associated with the Manville Personal Injury Settle- ment Trust. In addition, he served as a Special Master in silicone gel breast implant products liability. Cohen's most recent book (October 2004), with Eric Stallard and Kenneth G. Manton, is Forecasting Product Liability Claims: Epidemiology and Modeling in the Manville Asbestos Case. The Foreword by Judge Jack B. Weinstein sets the historical context of this Court-commissioned analysis of asbestos injury projections. Cohen has published 11 other books, including How Many People Can the Earth Support? (1995) and 321 papers. He served on the Council of the National Academy of Sciences. He currently serves on the Governing Board of the National Research Council and as a member of the National Academies Science, Technology, and Law Panel. He received the Tyler Prize for Environmental Achievement in 1999. 26
Committee Biographies Steven Goodman is an Associate Professor of Oncology, Pediatrics, Epidemiology and Biostatistics at the Johns Hopkins Schools of Medicine and Public Health. He received his BA from Harvard, MD from New York University, trained in pediatrics at Washington University, and received masters and doctoral degrees in Biostatis- tics and Epidemiology from Johns Hopkins. He is the Editor of the journal Clinical Trials: The Journal of the Society for Clinical Trials, and has been statistical and associate editor of the Annals of Internal Medicine since 1987. He is the scientific advisor to the National Blue Cross/Blue Shield Technology Assessment program, is a member of the US Medicare Coverage Advisory Commission and has served on numerous IOM panels, including Veterans and Agent Orange and Immunization Safety. He serves as co-director of the Johns Hopkins Evidence-Based Practice Center, and directs the Johns Hopkins epidemiology doctoral program. He was a court-appointed expert in the Phen-Fen class action, and consulted in the recent case on cell phones and brain cancer. He authored the chapters on causal criteria and evidence synthesis in the last two Surgeon General reports. In 2000, he was a recipient of the Myrto Lefkopolou award from the Harvard Department of Biostatistics. He has collaborated on a wide range of studies in cancer research and medicine, and teaches and writes on inferential, methodologic and ethical issues in clinical research and epidemiology. Sander Greenland, Dr.Ph.D. (Epidemiology), Harvard University, M.S. (Public Health), University of California--Berkeley, and M.A. (Mathematics), University of California--Berkeley, is Professor of Epidemiology, UCLA School of Public Health, Professor of Statis- tics, UCLA College of Letters and Science, and Research Professor of Preventive Medicine, University of Southern California School of Medicine. Dr. Greenland is considered a leading authority on quantitative methods and statistical theory in epidemiology. His current research interests include epidemiologic methodology; statistical methods for epidemiologic data; epidemiologic assess- 27
DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS ment of medicines and medical technology; foundations of nonexperimental inference. He is a member of the American Statistical Association, Biometric Society, Royal Statistical Society, and the Society for Epidemiologic Research. Patrick A. Malone, J.D., Yale Law School, is a partner in the law firm of Stein, Mitchell & Mezines in Washington, D.C. After graduating from Yale in 1984, Mr. Malone clerked for United States District Judge Gerhard Gesell before joining the firm. At Stein, Mitchell & Mezines he represents seriously injured people in lawsuits against hospitals, doctors, drug companies, and other defendants. He is president of the Trial Lawyers Association of Metropolitan Washington, D.C., in 2005-06. He was elected in 2002 to the Inner Circle of Advocates, a prestigious invitation-only society that limits its membership to 100 of the best plaintiffs' personal injury attorneys in the United States. His notable cases include Benedi v. McNeil-PPC Inc., 66 F.3d 1378 (4th Cir. 1995) (affirming an $8 million verdict against the manufacturer of Tylenol for a client who suffered liver failure). Mr. Malone has been a "Lawyer of the Year" of the Trial Lawyers Association of Metro- politan Washington, D.C. He is a member of the American Law Institute and is a certified civil trial advocate of the National Board of Trial Advocacy. Mr. Malone is a frequent speaker at continuing legal education courses both locally and nationally. He has lectured at grand rounds at Yale-New Haven Hospital and has spoken to other doctors' groups. He has written articles on legal subjects for, among others, Trial Magazine, Litigation, the Health Section of the Washington Post, and The American Scholar. At Yale, he was editor of the Yale Law Journal and won the Harlan Fiske Stone Prize and Potter Stewart Prize for best moot court efforts, along with the C. LaRue Munson Prize for legal clinic work. Before attending law school, Mr. Malone was a journalist, writing for United Press International and the Miami Herald. He was a finalist for the Pulitzer Prize in 1980 for a series of articles co-authored on "Dan- 28
Committee Biographies gerous Doctors." Other journalism awards were received from The Newspaper Guild, American Bar Association, Sigma Delta Chi, National Headliners Club, American Academy of Family Physicians and Florida Medical Association. He is a member of Phi Beta Kappa. Mr. Malone currently serves as a member of the National Academies Science, Technology, and Law Panel. Jennifer Mnookin, who earned a Ph.D. in History and Social Study of Science and Technology at MIT, joined the faculty in 1998 as an associate professor. She was previously a doctoral fellow at the American Bar Foundation, completing a two-year, residential research fellowship at an interdisciplinary, legal studies think tank. An expert on evidence law, Mnookin's scholarship particularly focuses on scientific, forensic, and visual evidence. She has written or co-authored articles on fingerprinting and its origins, the history of handwriting identification evidence, the effects of photography on the 19th-century criminal justice system, and the early use of film as legal evidence. Much of her work examines the interplay between popular and legal ideas about proof and persuasion. Since 2001, Mnookin has served as an editorial board member of Law and Social Inquiry. Mnookin received her J.D. from Yale Law School, where she was senior editor of the Yale Law Journal. She teaches evidence, scientific evidence, torts, law and literature, and law and film. Judith Resnik is the Arthur Liman Professor of Law at Yale Law School, where she teaches courses on procedure, large-scale litiga- tion, federal courts, federalism, feminist theory, and gender, locally, globally. Prior to joining Yale, she was the Orrin B. Evans Professor of Law at the University of Southern California Law Center. She has also been a visiting professor at NYU, Harvard, and the Univer- sity of Chicago Law Schools. Professor Resnik is a graduate of Bryn Mawr College and New York University School of Law, where she held an Arthur Garfield Hays Fellowship. She is the co-author (with 29
DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS Owen Fiss) of the book Adjudication and Its Alternatives: An Introduction to Procedure and is the author of Process of the Law: Understanding Courts and Their Alternatives. Recent contributions to books include the chapter Civil Processes in The Oxford Hand- book of Legal Studies and The Rights of Remedies: Collective Accountings for and Insuring Against the Harms of Sexual Harass- ment, in Directions in Sexual Harassment Law. Professor Resnik has chaired the Section on Procedure, the Section on Federal Courts, and the Section on Women in Legal Education of the American Association of Law Schools. She has served on commit- tees and task forces of the American Bar Association, is a member of the American Law Institute, and was a consultant to the Institute for Civil Justice of RAND. At Yale, Professor Resnik is a co-chair of the Women's Faculty Forum, a university-wide group aimed at fostering scholarship about gender and community for women at Yale. She is also the founding director of the Arthur Liman Public Interest Program and Fund, which provides fellowships to Yale Law School graduates and summer stipends to undergraduates at Yale, Brown, and Harvard, and which supports seminars and programs on public interest law for law students. Professor Resnik was a member of the Ninth Circuit Gender Bias Task Force, the first to report on the effects of gender in the federal court system; she is a co-author of its monograph, The Effects of Gender. Professor Resnik has testified many times before congressional and judicial committees, most recently before the subcommittee of the Senate Judiciary Committee regarding the Senate's role in the nomination process and before a committee of the United States Judiciary on revisions to the class action rules. She is also an occasional litigator and court- appointed expert. Professor Resnik has received several awards, including in 1993, the Florence K. Murray Service Award from the National Association of Women Judges; in 1994, the USC Associ- ates Award for Creativity in Research; in 1995, the Teaching Award from the Alumni Association of the NYU Law School, and in 1998, the Margaret Brent Award from the Commission on Women of the 30
Committee Biographies American Bar Association. In 2001, she was elected a member of American Academy of Arts and Sciences, and in 2002, a member of the American Philosophical Society. Staff Anne-Marie Mazza, B.A., Economics; M.A., History and Public Policy; Ph.D., Public Policy, The George Washington University. Dr. Mazza joined the National Academies in 1995. She has served as Senior Program Officer with both the Committee on Science, Engineering and Public Policy and the Government-University- Industry Research Roundtable. In 1999 she was named the first director of the Committee on Science, Technology, and Law (CSTL). Between October 1999 and October 2000, she divided her time between CSTL and the White House Office of Science and Technology Policy, where she served as a Senior Policy Analyst. Before joining the National Academies, Dr. Mazza was a senior consultant with Resource Planning Corp. Stacey Speer, B.S., Biomedical Engineering, University of Tennes- see, is a Program Associate. She joined the National Academies CSTL in September 2002, as a Christine Mirzayan Science and Technology Policy Graduate Fellow. She is attending the George Washington University and received her masters of forensic science in May 2005. Kathi Hanna, M.S., Ph.D. is a science and health policy consultant, writer, and editor specializing in biomedical research policy and bioethics. She served as Research Director and Senior Consultant to President Clinton's National Bioethics Advisory Commission and as Senior Advisor to President Clinton's Advisory Committee on Gulf War Veterans Illnesses. More recently, she served as the lead author and editor of President Bush's Task Force to Improve Health Care Delivery for Our Nation's Veterans. In the 1980s and 1990s, Hanna was a Senior Analyst at the congressional Office of Technology 31
DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS Assessment, contributing to numerous science policy studies requested by congressional committees on science education, research funding, biotechnology, women's health, human genetics, bioethics, and reproductive technologies. In the past decade, she has served as an analyst and editorial consultant to the Howard Hughes Medical Institute, the National Institutes of Health, the Institute of Medicine, the National Academy of Sciences, several charitable foundations, voluntary health organizations, and biotech- nology companies. Before coming to Washington, D.C., she was the Genetics Coordinator at Children's Memorial Hospital in Chicago, where she directed clinical counseling and coordinated an interna- tional research program in prenatal diagnosis. Hanna received an A.B. in Biology from Lafayette College, an M.S. in Human Genet- ics from Sarah Lawrence College, and a Ph.D. from the School of Business and Public Management, George Washington University. 32
