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Evaluation of the Reference Manual on Scientific Evidence: Letter Report Appendix B Committee on the Evaluation of the Reference Manual on Scientific Evidence Berger, Margaret A., A.B., Radcliffe College, J.D., Columbia 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 DNA evidence, and is a frequent lecturer across the country on these topics. She is the recipient of the Francis Rawle Award for outstanding contribution 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 a member of the National Commission on the Future of DNA Evidence as the Reporter for the 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 evidence casebook. Professor Berger has been a member of the Brooklyn Law School faculty since 1973. Her past service on 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. Cecil, Joe S. 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 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 Subcommittee on Access to Research Data: Balancing Risks and Opportunities.
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Evaluation of the Reference Manual on Scientific Evidence: Letter Report Hornby, D. Brock, United States District Judge, Portland, Maine. Judge Hornby was born in Canada, obtained his B.A. from the University of Western Ontario, and graduated from Harvard Law School where he was Supreme Court Note and Developments Editor of The Harvard Law Review. He clerked for U.S. Fifth Circuit Judge John Minor Wisdom, taught at the University of Virginia Law School (he became a U.S. citizen during that period), practiced with Perkins, Thompson, Hinckley & Keddy in Portland, Maine, served as a United States Magistrate Judge, then as a Justice of the Maine Supreme Judicial Court and became a United States District Judge in 1990. He is a member of the Council of The American Law Institute. He is a fellow of the American and Maine Bar Foundations. He is a member of the National Academies Standing Committee on Science, Technology and the Law. He has served on both the United States Judicial Conference and its Executive Committee. He is a past chair of The Federal Judicial Center’s Committee on District Judge Education and of the United States Judicial Conference Committee on Court Administration and Case Management. He was a member of the Judicial Conduct and Disability Act Study Committee (the Breyer Committee) established by Chief Justice Rehnquist to study the system of judicial discipline for federal judges (final report 2006). In 2005, the Chief Justice appointed him as chair of the Judicial Conference Committee on the Judicial Branch. In 2007, the Chief Justice appointed him as chair of an Ad Hoc Committee to secure judicial salary restoration. Judge Hornby has presided over major Multidistrict Litigation (MDL) antitrust class lawsuits. He has been a lecturer or consultant on United States judicial topics to judges in Canada, China, the Czech Republic, England, Moldova and Thailand. Apart from his judicial opinions, he has written on a variety of legal and judicial topics. Robertson, Channing, B.S. Chemical Engineering, University of California, Berkeley; M.S. Chemical Engineering, Stanford University; and Ph.D., Chemical Engineering, Stanford University. Professor Robertson began his career at the Denver Research Center of the Marathon Oil Company and worked in the areas of enhanced oil recovery, geophysical chemistry and polyurethane chemistry. Since 1970 he has been on the faculty of Stanford’s Department of Chemical Engineering. He has educated and trained over 40 Ph.D. students, holds seven patents, and has published over 140 articles. He is Director of the Stanford-NIH Graduate Training Program in Biotechnology. He was co-director of the Stanford initiative in biotechnology known as BioX which in part includes the Clark Center for Biomedical Engineering and Sciences. He directed the summer Stanford Engineering Executive Program. Professor Robertson received the 1991 Stanford Associates Award for service to the University, the 1991 Richard W. Lyman Award and the Society of Women Engineers Award for Teacher of the Year 2000 at Stanford. He is a Founding Fellow of the American Institute of Medical and Biological Engineering. Professor Robertson serves on the Scientific Advisory Committee on Tobacco Product Regulation (SATob) of the World Health Organization (WHO), and the Panel on Court-Appointed Scientific Experts (CASE) of the American Association for the Advancement of Science (AAAS). Because of his interests in biotechnology, he has consulted widely in the design of biomedical diagnostic devices. Professor Robertson has also served as an expert witness in several trials, including the Copper-7 intrauterine
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Evaluation of the Reference Manual on Scientific Evidence: Letter Report contraceptive cases (U.S. and Australia), the Stringfellow Superfund case and most recently the Minnesota tobacco trial. Samet, Jonathan M. (M.D.) (IOM) 3-26-46, A.B. (Chemistry and Physics), Harvard College; M.S. (Epidemiology) Harvard School of Public Health; M.D. (Medicine) University of Rochester School of Medicine and Dentistry, is Professor and Chairman, Department of Epidemiology, Johns Hopkins Bloomberg School of Public Health since 1994; and is Co-Director, Risk Sciences and Public Policy Institute. An epidemiologist and pulmonary physician, he has focused on the effects of inhaled pollutants, respiratory diseases, cancer, and risk assessment. Dr. Samet has worked extensively on risks posed by indoor and outdoor air pollution. He has conducted research on the effects of radon on miners in New Mexico, and has worked in the development of models of risk assessment for radon. Dr. Samet serves on many committees of the U.S. Environmental Protection Agency. He has served on numerous National Academies committees, including (1) 1999 Report Review of IOM Reports; (2) Committee on Health Risks of Exposure to Radon (BEIR VI), Phase I (chair), and Phase II (chair); (3) Commission on Life Sciences; (4) Board on Radiation Effects Research, (5) Panel on Dosimetric Assumptions Affecting the Application of Radon Risk Estimates (chair); and (6) Committee on the Biological Effects of Internally Deposited Alpha-Emitting Radionuclides (BEIR IV). Dr. Samet currently is a member of the National Academies Board on Environmental Studies and Toxicology, and chair of the Committee on Research Priorities for Airborne Particulate Matter.