IWP Research Professor Barbara Billauer’s research goes into depth on the topics of bioethics, the legal understanding of science, and bioterrorism. In the past year, she has published and edited a number of articles with even more forthcoming.
Prof. Billauer recently published “Daubert Debunked: A History of Legal Retrogression and the Need to Redefine ‘Science’ in Law” (Suffolk Journal of Trial Advocacy, Winter 2016) to address the controversial theories of Daubert regarding the legal admissibility of scientific evidence in court. She analyzes past studies and reports a retrospective review of the data from Daubert’s theories of judicial gatekeeping of scientific evidence.
Continuing her analysis into the Daubert theory, “Admissibility of Scientific Evidence Under Daubert: The Fatal Flaws of ‘Falsifiability’ and ‘Falsification” (Boston University Journal of Science and Technology Law, March 2016) adds to Prof. Billauer’s examination of the theories that Daubert used for determining the role of judges in the courtroom when finding scientific evidence admissible. Daubert primarily used Karl Popper’s theories of “falsifiability.” Prof. Billauer argues that Popper’s philosophy is derived from quantum physics and not the types of science like biology or chemistry that are used in the courtroom. Additionally, she “falsifies” Popper’s thesis of “falsifiability,” adding further evidence against the Daubert method for admitting scientific evidence in the courtroom.
Prof. Billauer’s systematic approach to examining scientific theories in a legal context is presented in her other articles such as, “Primacy in Products Liability: A Comparison of Israeli and American Law“ (forthcoming Tort Trial & Insurance Practice Law Journal of the American Bar Association, forthcoming: Volume 51-3, Spring/Summer). Israel has become a world leader in technology and is at the forefront, along with the United States, the European Union, and Britain, to implement a multi-faceted product liability scheme. The system has the potential for growth and advancement within Israel’s technology sector, so Prof. Billauer contrasts the statutes of the Israel product liability scheme to American law. This sets the ground work for further research in product liability and warranty for Israeli technology advancement and law.
Additionally, Ms. Billauer worked with UNESCO and Judge Amnon Carmi, Sr. Ed. to edit the Casebook on Bioethics for Judges. She furthered her research in Bioethics with her authorship of “Death with Dignity: When euthanasia is imposed by a third party” (Zefat Academic Bioethics Forum, Spring 2016) and “The Conflict between Bioethics and Medical Malpractice Law: Informed Consent and the Duty to Treat” (Zefat Academic Bioethics Forum, Winter 2015, Hebrew, available in English).
Barbara Pfeffer Billauer, JD, MA is a research professor of Scientific Statecraft at The Institute of World Politics and is currently pursuing her PhD at Haifa University Faculty of Law Faculty while also serving as faculty at Zefat Academic College of Law.