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Appendix A
Committee Biographies
Margaret A. Berger, Co-Chair, A.B., Radcliffe College, J.D., Colum-
bia 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 scientific evidence,
and is a frequent lecturer across the country on these topics. She is
the recipient of the Francis Rawle Award for outstanding contribu-
tion 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 the Reporter for the National Commission on the Future of DNA
Evidence's 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 evi-
dence casebook. Professor Berger has been a member of the
Brooklyn Law School faculty since 1973. Her past service on
23
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DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS
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.
Doug Weed, Co-Chair, is Chief, Office of Preventive Oncology and
Dean of Education and Training in the Division of Cancer Preven-
tion at the National Cancer Institute (NIH). He directs the Cancer
Prevention Fellowship Program and the Summer Curriculum in
Cancer Prevention and Control at the NCI. Dr. Weed is trained in
engineering (B.Sc. 1974) and internal medicine (M.D. 1977) from
the Ohio State University and public health (M.P.H. 1980) and
epidemiology (Ph.D. 1982) from the University of North Carolina.
He is a Fellow of the American College of Epidemiology and chairs
its Ethics and Standards of Practice Committee. He holds academic
appointments at Johns Hopkins University, Uniformed Services
University of the Health Sciences, and Georgetown University,
where he is Senior Research Fellow at the Kennedy Institute of
Ethics. His research interests include the ethics and philosophy of
epidemiology and public health, theory and practice of causal and
preventive inference, theories of disease causation, quantitative and
qualitative methodologies of epidemiology, and cancer prevention
and control. Recently, Dr. Weed gave the Advances in Oncology
lecture at McGill University, the Samuel Harvey lecture at the
American Association for Cancer Education meeting, the keynote
lecture for the Korean Society of Preventive Medicine, Grand
Rounds at the Ohio State University Cancer Center, and seminars
at the schools of public health at the University of California,
Berkeley, Tulane University, and Harvard University.
Shirley S. Abrahamson, B.A., New York University (1953); J.D.,
Indiana University Law School (1956); LL.B. (American Legal
History), University of Wisconsin Law School, is Chief Justice,
24
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Committee Biographies
Wisconsin Supreme Court. She was appointed in 1976 (then the
only woman to serve on the Court); was elected in 1979, 1989, and
1999. Since August 1996 she has served as Chief Justice and, in that
capacity, serves as the administrative leader of the Wisconsin court
system. Abrahamson was previously in private practice for 14 years
and taught at the University of Wisconsin Law School and
Marquette University Law School. She is a member of the Institute
of Judicial Administration (New York University School of Law),
chair of the board of directors of the National Center for State
Courts, and president of the Conference of Chief Justices. She was
chair of the National Institute of Justice, National Commission on
the Future of DNA Evidence, and is a member of the Council of
the American Law Institute. She has served on the State Bar of
Wisconsin's Commission on the Delivery of Legal Services. She is
the recipient of 14 honorary doctor of laws degrees and the Distin-
guished Alumni Award of the University of Wisconsin Law School.
She is a fellow of the Wisconsin Academy of Arts and Science and
the American Academy of Arts and Sciences and an elected mem-
ber of the American Philosophical Society. In 2004, she received
the Dwight D. Opperman Award for Judicial Excellence from the
American Judicature Society. Her current term expires in 2009.
Joe S. Cecil, 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
25
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DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS
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 Subcommit-
tee on Access to Research Data: Balancing Risks and Opportunities.
Joel E. Cohen (NAS), Dr. P.H. (Population Sciences and Tropical
Public Health), Harvard University; Ph.D. (Applied Mathematics),
Harvard University, is Professor of Populations at the Rockefeller
University and Columbia University and heads the Laboratory of
Populations at Rockefeller and Columbia. Cohen is a member of
the American Academy of Arts and Sciences, the American Philo-
sophical Society, and the National Academy of Sciences. Dr. Cohen
serves as a member of the worldwide Board of Governors of The
Nature Conservancy. From 1991 to 1995 Dr. Cohen served as a U.S.
Federal Court-appointed neutral expert on projections of asbestos-
related claims associated with the Manville Personal Injury Settle-
ment Trust. In addition, he served as a Special Master in silicone
gel breast implant products liability. Cohen's most recent book
(October 2004), with Eric Stallard and Kenneth G. Manton, is
Forecasting Product Liability Claims: Epidemiology and Modeling in the
Manville Asbestos Case. The Foreword by Judge Jack B. Weinstein
sets the historical context of this Court-commissioned analysis of
asbestos injury projections. Cohen has published 11 other books,
including How Many People Can the Earth Support? (1995) and 321
papers. He served on the Council of the National Academy of
Sciences. He currently serves on the Governing Board of the
National Research Council and as a member of the National
Academies Science, Technology, and Law Panel. He received the
Tyler Prize for Environmental Achievement in 1999.
26
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Committee Biographies
Steven Goodman is an Associate Professor of Oncology, Pediatrics,
Epidemiology and Biostatistics at the Johns Hopkins Schools of
Medicine and Public Health. He received his BA from Harvard,
MD from New York University, trained in pediatrics at Washington
University, and received masters and doctoral degrees in Biostatis-
tics and Epidemiology from Johns Hopkins. He is the Editor of the
journal Clinical Trials: The Journal of the Society for Clinical Trials, and
has been statistical and associate editor of the Annals of Internal
Medicine since 1987. He is the scientific advisor to the National Blue
Cross/Blue Shield Technology Assessment program, is a member of
the US Medicare Coverage Advisory Commission and has served on
numerous IOM panels, including Veterans and Agent Orange and
Immunization Safety. He serves as co-director of the Johns Hopkins
Evidence-Based Practice Center, and directs the Johns Hopkins
epidemiology doctoral program. He was a court-appointed expert in
the Phen-Fen class action, and consulted in the recent case on cell
phones and brain cancer. He authored the chapters on causal
criteria and evidence synthesis in the last two Surgeon General
reports. In 2000, he was a recipient of the Myrto Lefkopolou award
from the Harvard Department of Biostatistics. He has collaborated
on a wide range of studies in cancer research and medicine, and
teaches and writes on inferential, methodologic and ethical issues in
clinical research and epidemiology.
Sander Greenland, Dr.Ph.D. (Epidemiology), Harvard University,
M.S. (Public Health), University of California--Berkeley, and M.A.
(Mathematics), University of California--Berkeley, is Professor of
Epidemiology, UCLA School of Public Health, Professor of Statis-
tics, UCLA College of Letters and Science, and Research Professor
of Preventive Medicine, University of Southern California School of
Medicine. Dr. Greenland is considered a leading authority on
quantitative methods and statistical theory in epidemiology. His
current research interests include epidemiologic methodology;
statistical methods for epidemiologic data; epidemiologic assess-
27
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DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS
ment of medicines and medical technology; foundations of
nonexperimental inference. He is a member of the American
Statistical Association, Biometric Society, Royal Statistical Society,
and the Society for Epidemiologic Research.
Patrick A. Malone, J.D., Yale Law School, is a partner in the law
firm of Stein, Mitchell & Mezines in Washington, D.C. After
graduating from Yale in 1984, Mr. Malone clerked for United States
District Judge Gerhard Gesell before joining the firm. At Stein,
Mitchell & Mezines he represents seriously injured people in
lawsuits against hospitals, doctors, drug companies, and other
defendants. He is president of the Trial Lawyers Association of
Metropolitan Washington, D.C., in 2005-06. He was elected in 2002
to the Inner Circle of Advocates, a prestigious invitation-only
society that limits its membership to 100 of the best plaintiffs'
personal injury attorneys in the United States. His notable cases
include Benedi v. McNeil-PPC Inc., 66 F.3d 1378 (4th Cir. 1995)
(affirming an $8 million verdict against the manufacturer of Tylenol
for a client who suffered liver failure). Mr. Malone has been a
"Lawyer of the Year" of the Trial Lawyers Association of Metro-
politan Washington, D.C. He is a member of the American Law
Institute and is a certified civil trial advocate of the National Board
of Trial Advocacy. Mr. Malone is a frequent speaker at continuing
legal education courses both locally and nationally. He has lectured
at grand rounds at Yale-New Haven Hospital and has spoken to
other doctors' groups. He has written articles on legal subjects for,
among others, Trial Magazine, Litigation, the Health Section of the
Washington Post, and The American Scholar. At Yale, he was editor of
the Yale Law Journal and won the Harlan Fiske Stone Prize and
Potter Stewart Prize for best moot court efforts, along with the C.
LaRue Munson Prize for legal clinic work. Before attending law
school, Mr. Malone was a journalist, writing for United Press
International and the Miami Herald. He was a finalist for the
Pulitzer Prize in 1980 for a series of articles co-authored on "Dan-
28
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Committee Biographies
gerous Doctors." Other journalism awards were received from The
Newspaper Guild, American Bar Association, Sigma Delta Chi,
National Headliners Club, American Academy of Family Physicians
and Florida Medical Association. He is a member of Phi Beta
Kappa. Mr. Malone currently serves as a member of the National
Academies Science, Technology, and Law Panel.
Jennifer Mnookin, who earned a Ph.D. in History and Social Study
of Science and Technology at MIT, joined the faculty in 1998 as an
associate professor. She was previously a doctoral fellow at the
American Bar Foundation, completing a two-year, residential
research fellowship at an interdisciplinary, legal studies think tank.
An expert on evidence law, Mnookin's scholarship particularly
focuses on scientific, forensic, and visual evidence. She has written
or co-authored articles on fingerprinting and its origins, the history
of handwriting identification evidence, the effects of photography
on the 19th-century criminal justice system, and the early use of
film as legal evidence. Much of her work examines the interplay
between popular and legal ideas about proof and persuasion. Since
2001, Mnookin has served as an editorial board member of Law and
Social Inquiry. Mnookin received her J.D. from Yale Law School,
where she was senior editor of the Yale Law Journal. She teaches
evidence, scientific evidence, torts, law and literature, and law and
film.
Judith Resnik is the Arthur Liman Professor of Law at Yale Law
School, where she teaches courses on procedure, large-scale litiga-
tion, federal courts, federalism, feminist theory, and gender, locally,
globally. Prior to joining Yale, she was the Orrin B. Evans Professor
of Law at the University of Southern California Law Center. She
has also been a visiting professor at NYU, Harvard, and the Univer-
sity of Chicago Law Schools. Professor Resnik is a graduate of Bryn
Mawr College and New York University School of Law, where she
held an Arthur Garfield Hays Fellowship. She is the co-author (with
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DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS
Owen Fiss) of the book Adjudication and Its Alternatives: An
Introduction to Procedure and is the author of Process of the Law:
Understanding Courts and Their Alternatives. Recent contributions
to books include the chapter Civil Processes in The Oxford Hand-
book of Legal Studies and The Rights of Remedies: Collective
Accountings for and Insuring Against the Harms of Sexual Harass-
ment, in Directions in Sexual Harassment Law. Professor Resnik
has chaired the Section on Procedure, the Section on Federal
Courts, and the Section on Women in Legal Education of the
American Association of Law Schools. She has served on commit-
tees and task forces of the American Bar Association, is a member of
the American Law Institute, and was a consultant to the Institute
for Civil Justice of RAND. At Yale, Professor Resnik is a co-chair of
the Women's Faculty Forum, a university-wide group aimed at
fostering scholarship about gender and community for women at
Yale. She is also the founding director of the Arthur Liman Public
Interest Program and Fund, which provides fellowships to Yale Law
School graduates and summer stipends to undergraduates at Yale,
Brown, and Harvard, and which supports seminars and programs on
public interest law for law students. Professor Resnik was a member
of the Ninth Circuit Gender Bias Task Force, the first to report on
the effects of gender in the federal court system; she is a co-author
of its monograph, The Effects of Gender. Professor Resnik has
testified many times before congressional and judicial committees,
most recently before the subcommittee of the Senate Judiciary
Committee regarding the Senate's role in the nomination process
and before a committee of the United States Judiciary on revisions
to the class action rules. She is also an occasional litigator and court-
appointed expert. Professor Resnik has received several awards,
including in 1993, the Florence K. Murray Service Award from the
National Association of Women Judges; in 1994, the USC Associ-
ates Award for Creativity in Research; in 1995, the Teaching Award
from the Alumni Association of the NYU Law School, and in 1998,
the Margaret Brent Award from the Commission on Women of the
30
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Committee Biographies
American Bar Association. In 2001, she was elected a member of
American Academy of Arts and Sciences, and in 2002, a member of
the American Philosophical Society.
Staff
Anne-Marie Mazza, B.A., Economics; M.A., History and Public
Policy; Ph.D., Public Policy, The George Washington University.
Dr. Mazza joined the National Academies in 1995. She has served
as Senior Program Officer with both the Committee on Science,
Engineering and Public Policy and the Government-University-
Industry Research Roundtable. In 1999 she was named the first
director of the Committee on Science, Technology, and Law
(CSTL). Between October 1999 and October 2000, she divided her
time between CSTL and the White House Office of Science and
Technology Policy, where she served as a Senior Policy Analyst.
Before joining the National Academies, Dr. Mazza was a senior
consultant with Resource Planning Corp.
Stacey Speer, B.S., Biomedical Engineering, University of Tennes-
see, is a Program Associate. She joined the National Academies
CSTL in September 2002, as a Christine Mirzayan Science and
Technology Policy Graduate Fellow. She is attending the George
Washington University and received her masters of forensic science
in May 2005.
Kathi Hanna, M.S., Ph.D. is a science and health policy consultant,
writer, and editor specializing in biomedical research policy and
bioethics. She served as Research Director and Senior Consultant to
President Clinton's National Bioethics Advisory Commission and as
Senior Advisor to President Clinton's Advisory Committee on Gulf
War Veterans Illnesses. More recently, she served as the lead author
and editor of President Bush's Task Force to Improve Health Care
Delivery for Our Nation's Veterans. In the 1980s and 1990s, Hanna
was a Senior Analyst at the congressional Office of Technology
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DISCUSSIONS OF THE COMMITTEE ON DAUBERT STANDARDS
Assessment, contributing to numerous science policy studies
requested by congressional committees on science education,
research funding, biotechnology, women's health, human genetics,
bioethics, and reproductive technologies. In the past decade, she
has served as an analyst and editorial consultant to the Howard
Hughes Medical Institute, the National Institutes of Health, the
Institute of Medicine, the National Academy of Sciences, several
charitable foundations, voluntary health organizations, and biotech-
nology companies. Before coming to Washington, D.C., she was the
Genetics Coordinator at Children's Memorial Hospital in Chicago,
where she directed clinical counseling and coordinated an interna-
tional research program in prenatal diagnosis. Hanna received an
A.B. in Biology from Lafayette College, an M.S. in Human Genet-
ics from Sarah Lawrence College, and a Ph.D. from the School of
Business and Public Management, George Washington University.
32
Representative terms from entire chapter:
yale law