D:\116101488.doc Printed On 2/12/2016: Science in the Courts Robert L. Park, Ph.D. It is a special pleasure to be asked to speak at the New England School of Law. About two Sundays after the September 11 terrorist attack, there were full-page ads in The New York Times and The Washington Post from organizations expressing their grief, or patriotism, or asking for donations to help the victims and their families. There was even a full-page ad by the SPCA to raise funds to find suitable homes for the pets owned by deceased victims of the attack. They were simply doing what they do best. Of course, there was a certain amount of commercialization in some of these ads. General Motors had an ad that stated “Let's Keep America Rolling.” As though it’s your civic responsibility in this time of crisis to go out and buy a gas guzzling SUV. That was alright. However, there was one full-page ad that really struck me. It was an ad for “The Endowment Funds for World Peace.” The “Endowment Funds for World Peace” was seeking contributions of one billion dollars. “Surely, there are a lot of Americans,” the ad said, “who must have a billion dollars. But, if you cannot donate that much, perhaps you could simply advance it to us, and we will pay you back.” However, before you give your billion dollars, you might want to know to whom you are giving it, and what they are going to use the money for. You would actually be giving it to the Maharishi Mahesh Yogi, spiritual advisor to the Beatles and the founder of Transcendental Meditation. What he wanted to do, he said, was pure science. He wanted to create a consciousness field for the whole world: a consciousness field that would induce peace among all people. To do this, he needed a trained core of Dr. Park is a Professor of Physics at the University of Maryland and Director of the Washington Office of the American Physical Society. He was the Edgar Lewis Marston Fellow at Brown University in 1960. In 1974, he was appointed Professor of Physics and Director of the Center of Materials Research at the University of Maryland in College Park. In 1978, he became the Chair of the Depar tment of Physics in Astronomy. Professor Park is the author of What=s New, a controversial weekly electronic commentary on science policy issues. He is also a regular contributor of opinion articles in major newspapers, including the New York Times and the Washington Post, and a frequent guest on radio and television news programs. He is also the author of the book Voodoo Science: The Road from Foolishness to Fraud. 575 576 NEW ENGLAND LAW REVIEW [Vol. 36:3 40,000 transcendental meditators. And, when he said trained, he meant the best. And, by the best, he meant yogic fliers. You might be wondering what a Yogic flyer is. Actually, this organization had been to Washington two years earlier during the trouble in the Balkans. They had gone to Washington to raise money to create peace in Kosovo. And the way they were going to do it, was again with a trained core of transcendental meditators. They were going to meditate in unison. In this case, they thought about 7,000 would suffice. In the new call, they needed 40,000, because they were going to spread peace all over the world. But, 7,000 were presumably enough for the Balkans. And, right there in the National Press Club, they gave a demonstration of yogic flying, and I just must show you their announcement. Here they were -- yogic fliers demonstrating the mechanics of creating peace. Excellent photo opportunities; the poster said, camera crews were welcome, and all you see are these three young fellows who look like they are sort of hovering. I could not resist this. My office is in the press building, so all I had to do was go upstairs to watch it. The person leading the whole thing, was Dr. John Hagelin. Well, Dr. Hagelin is a Physicist. He has a Ph.D. in theoretical physics from Harvard University, was Summa Cum Laude from Dartmouth, and at one time worked at the Stanford Linear Accelerator, and published many respectable papers. But the first rule you have to keep in mind is that there is no claim so preposterous that a Ph.D. scientist cannot be found to vouch for it. Remain alert for this one. Hagelin is now the Chairman of the Physics Department at Maharishi University. He explained that meditating to create a peace field is very scientific. You may ask -- why now? Why now when science is on such a role? There are real breakthroughs in medicine and technology everyday. And yet, we are also seeing more nonsense labeled science. At any rate, I went to the yogic flying demonstration. And right there, a block and a half from the White House, they spread mattresses out on the floor, and 10 to 15 fit looking young guys came in and assumed the lotus position on the mattresses. I would demonstrate the lotus position for you, but I fear that I could not get up again. They assumed the lotus position, and began meditating, and the rest of us were cautioned, to remain perfectly silent so as not to break their concentration. Suddenly, one of the young men levitated. I do not mean that he floated up and out the door or something. He just sort of popped up a few inches and thumped back down on the mattress. You know, I cannot prove it, but I would guess that he followed a parabolic trajectory in his brief launch into space. And a moment later, another one levitated, and then another, and another -- they went thump, thump, thump, back to the mattress. It began to look like corn popping. And right then, I knew that Madeline Albright had made a mistake. She D:\116101488.doc 2002] SCIENCE IN THE COURTS Printed On: 2/12/2016 577 really should have supported these guys. The sight of 7,000 yogic flyers bouncing around would have rendered the Serbian troops helpless with laughter. We now see scientific claims everywhere. That’s because science is successful. The more successful science is, the more opportunities there are to mislead the public in the name of science. Consider the best selling book by Deepak Chopra, Ageless Body, Timeless Mind: The Quantum Alternative to Growing Old. Well, I will take almost any alternative! But, I can tell you that Deepak Chopra knew absolutely nothing about quantum mechanics. The few lines in his book about quantum theory seem to be lifted directly out of Stephen Hawking’s “A Brief History of Time,” as far as I can tell, was the extent of Chopra’s knowledge of quantum mechanics. We live in a very perilous time right now. The most recent threat is bio-terrorism. Just last week, there was a hearing of the House Government Reform Committee, chaired by Dan Burton of Indiana. Now, Dan Burton as you may know, is a strong advocate of alternative medicine. Alternative medicine refers to untested medical procedures that are not widely accepted in the medical community. There are many of these alternative therapies, and Representative Burton (R-IN) likes them all. A couple of years ago, Burton held a hearing on alternative medicine, in which the lead witness was none other than Jane Seymour, who plays the title role in Dr. Quinn Medicine Woman on TV. The congressman may be having trouble separating fact from fiction In this hearing, Dan Burton was concerned about bio-terrorism. And, rightly so. We are all concerned about bio-terrorism. But, what worried him the most was that we might run short of medicine if these terrorist attacks continue. He said we might run short on things like Cipro and Doxycycline, two antibiotics commonly used to treat anthrax. Or we might run short of vaccine against small pox - all of these things. But, Dan Burton thought there was a solution. Alternative medicine could substitute if regular medicine ran short. One of Burton’s first witnesses was none other than Stephen Strauss, a medical doctor and also the Director of the Center for Complementary and Alternative Medicine at the National Institute of Health. He is a highly respected medical scientist. There is an interesting story behind this. When that center was first created, Congress picked the directors. And the previous director of that office was a man named Wayne Jonas. But when Harold Varmus left as the director of NIH, his last official act was to persuade Stephen Strauss to take over as the head of the Center. He was now there to testify on the possible use of alternative medicine in coping with a terrorist attack, but he did not say what he was expected to say. In his eloquent, and forceful prepared remarks, he asked whether alternative measures for promoting health, do anything more than prey on people's 578 NEW ENGLAND LAW REVIEW [Vol. 36:3 fears, and distract them from taking more prudent steps to protect themselves. In fact, it may not even be prudent to combine natural products such as herbs with antibiotics, because of the possibility that the herbs will interfere with the proper action of the drugs. Well, I think that he stated it very well. There had been suggestions from all over the country that you could you could treat Anthrax with various alternative methods, with herbal medications or even homeopathic medications. But in fact, even the dietary supplement “Energia” had its spokesman out, warning the public not to use these natural products, in the treatment of Anthrax. Fearing, no doubt, lawsuits that might ensue. These are untested treatments. One of them that is popular these days is Coloidal Silver, which has been on the list of toxic substances for a long time. At any rate, the testimony of Stephen Strauss had a powerful impact. There was another witness at the same hearing, whose testimony was more to the liking of Representative Burton. This was the former head of the NIH Office of Alternative Medicine. His name is Wayne Jonas. Wayne Jonas is the author of an “authoritative” book on homeopathy. So what in the world is homeopathy? Homeopathy is a treatment that dates back about 200 years. It was developed by Samuel Hahnemann in Germany. The idea is that you can treat illnesses with something that might produce the same symptoms in a healthy person. But you do this with extremely dilute solutions of the substance. It is not a totally nonsensical idea: it is kind of what we do when we inoculate people against diseases. You give them a little bit of the disease agent. The question is, how little? I looked in Wayne Jonas' book, to see what common illness homeopathy might be effective for. The list included just about everything that afflicts us. So I asked my assistant to go and buy me a homeopathic remedy. And she said, “for what?” And I said, “it doesn't matter.” What she came back with was pills for menstrual cramps. Actually, I had not been suffering from menstrual cramps. The pills looked like aspirin tablets, but were a little smaller. Now, am I concerned that I am taking things that might be bad for me if I do not actually have menstrual cramps? Well, not really. It tasted a little sweet. In fact, it was lactose, milk sugar. It was nothing but lactose. If I looked on the package, it tells me that the active ingredient is “pulsatilla,” an herb that produces cramps. Not to worry. It says that the concentration is 12x. What does 12x mean? When Hahnemann was treating patients over 200 years ago, he used a method of sequential dilution. The “X” means that it is diluted one part in ten. And the number twelve means that you repeat that twelve times. So, if I do it once, I have one part in 10. If I do it twice, I have one part in 100: Six times, one part in a million, and nine times, one part in one billion. And, according to this menstrual cramp box, we were going to do D:\116101488.doc 2002] SCIENCE IN THE COURTS Printed On: 2/12/2016 579 this twelve times. A millionth of a millionth. Now, there is not a chemist on earth that could detect it, if it was there. I then looked up some of the other standard homeopathic cures, and there was one that I liked. This was for diaper rash. Now, what do you suppose that you use to treat diaper rash? Well, you use an herb called “rhus-toxicodendron.” And, what do you suppose that is? Poison ivy. Baby has a rash? Give baby a little bit of something that causes a rash, namely poison ivy. Fortunately for baby, it was diluted 30C. What does it mean to be diluted by 30C? Well, “C” means one part in 100. And, the thirty means we are going to repeat it thirty times. Now, that is one part in one followed by 60 zeros. That would exceed the dilution limit. In other words, a pill is unlikely to contain even one molecule of the substance. One molecule in the Atlantic Ocean would be much too concentrated. I also picked up something in the drugstore for the flu. Go to your drugstore and you can find this on the flu counter. It is called Oscillocoxinum. The box says, “For the symptoms of flu, fever, chill, or body aches and pains.” And what is Oscillocoxinum? It is actually derived from duck livers, but it’s no threat to the duck population. I looked on the side of the box, and it told me that the concentration is 200C. Now, I can excuse Hahnemann. Two hundred years ago, we did not know Avogadro's number. We do not need to go into detail here, but this number allows you to calculate how many atoms or molecules are in a known amount of any substance. So, you can give me water, tell me how much it weighs, and I could tell you how many molecules are in it. This is really great, it’s a very valuable thing to know. Hahnemann and Avogadro were in fact, contemporaries. But the truth is that even Avogadro did not know Avogadro’s number. He knew there should be such a number, but it took another 50 years before other scientists determined what Avogadro’s number is. Avogadro’s number allows us to calculate how many molecules are left in a particular dilution. When you get down to one molecule, you’ve reached the “dilution limit.” You cannot just dilute something indefinitely, because things are made up of atoms and molecules. So I get down to the point where there is only one molecule or atom of this substance left. After the next dilution, there is unlikely to be a single molecule left. I can go on with dilution after dilution after dilution. So, its important to decide whether you are exceeding the dilution limit of the substance. In the case of Oscillocoxinum, the concentration is 200C. Well, that means one part in 100, repeated 200 times. That would be one part in one followed by four hundred zeroes. There is no reason why you should know, but does anybody have a guess as to how many atoms there are in the universe? Well, astronomers know that number pretty well. It is about one followed by eighty zeros. Oscillocoxinum has vastly exceeded the dilution limit of the universe. So there 580 NEW ENGLAND LAW REVIEW [Vol. 36:3 is clearly something wrong here. Help me figure out what this means. This is a billion dollar business, a multi-billion dollar business, over all the world. It is a big business within the United States and an even bigger business in Europe. This suggests that there is a lot of room here for litigation. People who take these homeopathic medicines think they are curing themselves. It is a wonder that a few of the purveyors of homeopathy have not been successfully prosecuted. The whole picture of Science and the Law changed in 1993 with the Supreme Court’s Daubert1 decision, which you people are more familiar with, than I am. Basically, the Supreme Court ruled that federal judges have a responsibility to act as gatekeepers, to make sure that juries do not hear scientific nonsense. The previous standard of scientific evidence was that testimony had to be "scientifically accepted”. Under the Daubert rule the evidence must be scientifically gathered. Science is open to change. That’s the good news. The good news is, that science is open. When you get better theories, or you do better experiments, you re-write the textbooks and throw the old ones away. That is what gives science its legitimacy. The validity of science depends on this simple, self-correcting mechanism. When we get better science, we throw the old ideas away. The Supreme Court recognized this concept. The condition the Supreme Court put in the Daubert decision was that scientific evidence had to be gathered, by scientifically valid procedures in order to be used. This was a rather novel concept. That allows the possibility of evolving scientific concepts. What you do not want to do, is to lock in an old idea, since the new ideas are responsible for the progress that we see all around us. In fact, many of my colleagues were pessimistic that judges would adhere to the Daubert decision. A few months ago, however, I was invited to Cold Spring Harbor on Long Island by the Federal Judicial Council to talk to a group of federal judges. They wanted to know about a practice that was beginning becoming more and more common. Judges were creating panels of experts who have no connection with the case that they are presiding over. These experts advise the Judge on what testimony can be admitted. And it is working very well. There have been some very important decisions made on this basis. One of the first things the federal judges asked me about was the Mass Tort blitz that was attempted during the power line/cancer controversy. A few years ago, power lines were thought by many to cause cancer. We now know they do not cause cancer. That was recognized first by the California Supreme Court which issued a ruling based on information from 1. Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). D:\116101488.doc 2002] SCIENCE IN THE COURTS Printed On: 2/12/2016 581 the National Academy of Science, the American Physical Society, and by a group of prominent scientists and Nobel Laureates who wrote amicus briefs for the Court. The Court decided this was a controversy that belonged to the regulators and not in the courts. This essentially ended the debate on power lines and cancer. In fact, out of all of the suits on health effects from power lines, there was never a successful suit linking power lines to cancer. We see the same debate repeated today in cell phones. I fear cell phones every time I see one being used by the driver of car, but I don’t worry about cancer. So, I set out to develop a set of warning signs that we might use to guide us in similar situations. These are only warning sings and not absolute rules. The first warning sign is that a discovery is pitched directly to the media. Now if I come up with a discovery, the first thing that I am going to do is talk to my colleagues and see if they can point to a mistake in my measurements or reasoning. I will then probably present my work at a departmental colloquium. And, if nobody in the department jumps on me, I will probably give a paper on my new discovery at a scientific conference and if I get away with that, I will probably submit my discovery to a scientific journal which will send it out to a bunch of anonymous reviewers who would like nothing better than to tear me apart, and I go all the way through the process. We rely on our colleagues to keep us straight in science, and this is very important. That check is missing when a discovery is announced first to the press. A second warning sign, is that there is said to be a powerful establishment, often involving the media, suppressing a new discovery. Some of you are too young to remember this, but, back in the early '70's, there was an inventor by the name of Sam Leach, who claimed to have invented an automobile that runs on water as fuel. He drove that car across the United States and disappeared. I do not mean that he disappeared literally. In fact, he retired a rich man. The President of Budget Rent-a-Car and a few other investors had invested millions of dollars in his invention. Sam Leech even took a reporter from Newsweek on his drive across the United States in this car that supposedly ran on water. But, there is no car today that runs on water. Whatever happened? Well, Sam Leech says his invention was suppressed by the oil companies, and there are a lot of claims like that. Discoveries that are covered up by powerful interests. That is one of the warning signs that I was talking about; the discovery and the suppression of the discovery. Who knows what the oil industry would have done to keep cars from running on water? Another warning sign is that information is withheld that would allow other scientists to replicate the results. This violates the basic rule of science. Science is open. We submit our publications, our ideas, our find- 582 NEW ENGLAND LAW REVIEW [Vol. 36:3 ings to the scrutiny of other scientists who can build their reputations by tearing us down. And, we do this freely, because this is the process that gives science its legitimacy. Another warning sign is that the evidence for a scientific discovery relies heavily on anecdotal evidence. Anecdotal evidence consists of personal stories: Uncle Fred took such and such a medicine and he got out of his hospital bed and threw away his crutches. You hear these stories all the time and the public is very strongly persuaded by such anecdotal evidence. A good example of anecdotal evidence is the magnet craze. If you want to see magnets being used, go to a golf course. I don't know what it is about golf courses. Lawyers go to golf courses more than they go to work. I am not a golf expert, but, 20 years ago, just about everyone on the golf course was wearing copper bracelets. They said that wearing copper bracelets suppressed arthritis and made their joints move more freely. Copper bracelets must have stopped working. But you can still buy copper bracelets at golf pro shops and I see them occasionally on the golf courses. More common today, is wearing magnets. The wearing of magnets also started on golf courses, but, now it has spread everywhere. I have some problems with this. I look at this ad for a particular magnetic therapy device, and in the photo on the right, I see a woman wearing a magnet on her wrist. This troubled me. When I walk, my wrist passes right by my hip pocket and my hip pocket is where I have my credit cards. This ad says that the magnet is 800 gauss. Now, 800 gauss is plenty strong enough to erase my credit cards. This company couldn’t have wanted my credit cards erased. So, I went out and bought a magnetic bracelet. It really was very handsome. It consisted of a nice blue velvet strap, which goes around the wrist, and then, the magnet is in a little Velcro pouch that attaches to the velvet wristband. So, now that I have got it around my wrist, this presumably is helping whatever problem was affecting my joints. The claim was that the magnet attracts blood because blood has iron in it. Let’s talk about this. The iron in blood is in the chemical form of hemoglobin, which is not ferro-magnetic. It turns out to be diamagnetic. That means blood is actually repelled slightly by a magnet. Next, I checked to see if the magnet was really that strong. I measured it right at the surface and just like the magnet company had said, the magnet was 800 gauss. But, less than an eighth of an inch away from the surface, I was unable to measure any magnetic field at all. There was a reason for this. One of the neat technologies that we all use and never even think about is a refrigerator magnet. Refrigerator magnets are a fairly new development. This is clever stuff. You have this refrigerator magnet that looks like your local pizza delivery truck with their phone number on it and you D:\116101488.doc 2002] SCIENCE IN THE COURTS Printed On: 2/12/2016 583 post a Dilbert cartoon on your refrigerator with it. If you ever notice, it has a painted side with the phone number and the other side, which goes against the refrigerator, is black. If you try to put it on backwards, with the black side out, it does not stick. How do they do that? How do they make a magnet that is only magnetic on one side? In fact, if you’ve ever tried putting more than one piece of paper under it, all of a sudden, the magnet falls off the refrigerator. They do not weigh much. The first piece of paper I put held up pretty tightly. But, as I added more and more paper, the paper and then eventually the magnet fell off. Well, take a look at my therapy magnet that I bought, placed next to a paperclip. A paperclip is a good test for a magnet. It sticks to a magnet quite strongly. But now, when I put my therapy magnet on the velvet strap, the way they show you to use it, the side that would be next to my body there has no magnetic field at all. Now, where did it go? Well, this is how refrigerator magnets are made. They are made in narrow strips, with alternating north and, south poles. And so, right at the surface, the field is very strong, but a short distance away, the north pole cancels out the south pole. A very short distance away, there is really no magnetic field at all. Most people I talk to in the public are convinced that if people are out there in a billion dollar business, selling magnets, these magnets must work. However, these magnets have such a short range that the field may not even extend through the skin. Little, if any, magnetic field reaches the muscles and joints where the injury is. People just cannot believe that there is not a federal agency that would stop people from selling these magnets if they don’t work, or would prevent people from selling worthless sugar pills. Incidentally, the osillicoxinum in this box, consists of six doses. It cost me $11, exactly what I paid for a flu shot. Now, which one, the sugar pill or the flu shot, is going to help me the most? These sugar pills get around federal regulations quite freely however. This is a full-page ad from USA Today. Full-page ads do not come cheaply and this is the most read newspaper in the world. Here are these happy, smiling people, the picture of health. They seem to be saying they are happy because they take Vitamin O. What in the world is Vitamin O? You cannot read the words, so I blew some of them up. Here is what it said: “It is so safe that you can drop it into your eyes. It is so natural it contains the most abundant element on earth. It is so effective you can spend hours reading the unsolicited testimonials of those who have used it with dramatic results.” But, how does Vitamin O do this? “The bloodstream absorbs the Vitamin O and carries the pure oxygen straight to your cells and tissues, where it maximizes your nutrients, purifies your bloodstream, and eliminates toxins and poisons. All the processes necessary to prevent disease and promote health.” But, what is in this Vitamin O? The 584 NEW ENGLAND LAW REVIEW [Vol. 36:3 amazing thing to me, is that the ad tells you exactly what it is. “Vitamin O contains stabilized oxygen molecules in a liquid solution of sodium chloride, salt, in distilled water, to be taken orally as a supplement: usually 1520 drops, two to three times a day.” Well, what are these “stabilized oxygen molecules” the ad talks about? It is ordinary oxygen; the stuff you are breathing right now. The question is, how much of my oxygen am I going to get from 20 drops of water? Well, codfish get their oxygen from water. For humans, it is known as drowning. In fact, you need only two numbers. First is the solubility of oxygen in water. You can get about 8 milligrams of oxygen in a liter of water. How much do we use? Well, just sitting there, unless you are particularly agitated at me, you probably are consuming 15 to 20 milligrams per second. So, how much water am I going to have to drink? I am going to need a couple of liters every second. And that would be if I could absorb the oxygen from my gut, which I simply cannot. That is why we have lungs. The lungs do a fantastic job of it. I mean, if I was a trained athlete and I was performing at a high level, I would be using perhaps 130 milligrams per second. We humans are very good at this. We have the right apparatus up here in the lungs to do this, but when I put it into my gut, it is going to wind up in my bladder. It is not going to end up in my bloodstream. It would not matter if it did, because there is such a tiny amount of it. Well, so what happens? I published this information in my column and Science Magazine picked it and published it in their magazine. Someone from National Public Radio read Science and I was invited to talk about it on National Public Radio. And, where was the Food & Drug Administration? Well, the Food & Drug Administration could not touch it, because it was a natural supplement. The 1994 Dietary Supplement and Health Education Act, passed by our Congress, prevents the Food & Drug Administration from requiring proof of either efficacy or purity for natural supplements. So, when you buy these dietary supplements, you have no assurance that they work or even that you are getting what it says on the package. It is kind of shocking. There is another agency that should look after us and that is the Federal Trade Commission. The Federal Trade Commission stepped in and charged the company selling Vitamin O with false advertising. The company was shut down, and, I was feeling like I had finally accomplished something. However, in the mail one day recently, I received a flyer, advertising Vitamin O. They were no longer advertising in USA Today and they had changed the name of the company and changed the address to the next block. Well, it was obviously the same company, selling the same product. And, in fact, as I searched the web, I found at least five companies that were selling what amounted to Vitamin O. Essentially, they were all selling ordinary water, at prices like $40 dollars an ounce. And, they D:\116101488.doc 2002] SCIENCE IN THE COURTS Printed On: 2/12/2016 585 even sell this to the hockey teams. I don't know if it's gotten to football yet, but in hockey, the teams all use oxygenated water to give the players an extra boost. It may send them back to the men's room prematurely. The most important discovery in medicine is not antibiotics, nor vaccination. The greatest achievement of medical science is the randomized, double-blind test. Medicine was not a science until the double-blind test was invented. The fathers of this nation, for example, all believed that bleeding was a cure for almost anything that bothered you. Thanks to the double-blind test, we now know that it is not only not helpful, but it is harmful. Another warning sign is that a discovery is said to be credible, because it has endured for centuries. This is my favorite on this whole list. It’s the old Ancient Wisdom myth. Somehow, before people knew that blood circulated, or that there was a germ-theory disease, before they knew any of these things, they had these magical cures that we modern people have lost somehow. Well, I am waiting to be shown one of these that actually works. But there are, in fact, hundreds of health devices, methods, therapies, on the market right now, that rely on this idea of Ancient Wisdom. Homeopathy, for example. It was discovered, if discovered is the right word, about two hundred years ago. Now, that is pretty recent compared to some ancient wisdom. Things like acupuncture, are thousands of years old. And, sound medical evidence that they work is still missing. There are millions of people that swore by bleeding for example. The discovery was made in isolation. You know, this is not the tricky one. We have this myth of the lone genius laboring all by himself in his little workshop in the attic. There he makes some wonderful discovery. But, this is a myth that is not really impossible. It is certainly possible that some lone inventor somewhere will make a really important discovery. But, by and large, science is a very closely-knit fabric. We all depend for every step we make in science, on things that are learned by our colleagues. Yet another warning sign is that no plausible theory at all is offered for a miraculous discovery. That again is the one thing we hear about most in the medical field. I do not know if this has helped you in what you are here to discuss today. But, we all have to be concerned that the public is being misled by false scientific claims. Scientists tend to think we would not have a problem if we had a more scientifically literate public. I ask, what it is that you want society to know? I mean, I have trouble keeping up in my own field. Most scientists do because progress is being made so rapidly today. The idea that the public should know the solubility of oxygen in water, for example, is totally unrealistic. I did not know what the solubility of oxygen in water was until I looked it up. But, we cannot expect the public to even know where to look. We live in an age of experts. And, it is the 586 NEW ENGLAND LAW REVIEW [Vol. 36:3 responsibility of the scientific community, to speak out on these issues. I think we have neglected our responsibility to a shocking extent. Scientists are busy people, they enjoy what they do, and focus on their own research. They do not want to take the time to get involved in every false claim. Sometimes, however, scientists avoid getting involved for fear of being sued. My book was held up for a couple of months by threats of lawsuits from people who didn’t like what the book said about them. They had obtained prepublication review copies. Oxford Press then hired lawyers to go through the book, and satisfy themselves that every line could be documented. Scientists, by and large, are not paid enough to risk lawsuits. My wife probably wishes I wouldn't take that risk. It certainly inhibits scientists from speaking out on issues that are very important to the public. Scientists will have to learn to work with the legal profession. A lot of this depends on you, the future lawyers. Take care. Thank you.