Wednesday, January 10, 2007
The Drug & Device Blog posts today about a subscription-only article about discovery into research materials in Neurology. Though I don't have the article, it apparently proposes federal legislation protecting research data from discovery.
For a quite different approach on closely-related issues, my forthcoming Nebraska Law Review article, The Overlapping Magisteria of Law and Science: When Litigation and Science Collide (draft on SSRN), addresses discovery into the peer review process, in particular in the context of litigation-driven scholarship. While I do recognize the danger of abuse, I reject the notion that an outright ban on such discovery is appropriate.
I'll be presenting the paper at DRI's Toxic Torts conference in March.