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To effectively distinguish commercial speech from other types of speech for purposes of litigation, the Court uses a list of four indicia: The contents do "no more than propose a commercial transaction".
The articles in the mini-monograph share a common thread: when science is used to serve the purposes of litigation or administrative proceedings, great care is needed to ensure its proper deployment, and a courtroom judge is probably not the appropriate person to decide on the reliability and relevance of scientific evidence.
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In a 1994 Ninth Circuit decision on the remand of Daubert v. Merrell Dow Pharmaceuticals, Inc., Judge Alex Kosinski wrote that science done for the purpose of litigation should be subject to more stringent standards of admissibility than other science.
The explanation for this was that the report had been superseded by further evidence from experts whom the firm had consulted for the purposes of the litigation, and whose evidence was preferred.
"The larger purpose of this litigation is for pension funds to increase recoveries and to increase the pain on public companies and corporate officers that engage in misconduct".
The chief judge wrote that "the only purpose of this litigation is for counsel and plaintiffs to act out their fantasy of persecution, to validate their pretensions to policy expertise, to make themselves consequential rather than marginal, and to raise funds for self-sustaining litigation".
The idea of forming his own organization grew out of an article he had read in the Times about the Environmental Defense Fund, a coalition of lawyers and scientists that had been formed for the purpose of pursuing litigation that conservation groups like the National Audubon Society were reluctant to engage in directly.
One purpose of the litigation is to clarify Canadian law on whether genes can be patented.
As the authors describe, many courts following Daubert have held that research conducted specifically for the purpose of a litigation is inherently less reliable than other science.
They cover the well-established concept of financial intermediation using a general-purpose computer.Seven years of litigation have failed to produce a consensus among judges.
Meanwhile plaintiffs' lawyer Dana Cody says "for the purposes of our clients, the litigation is over".
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com