Tuesday, March 23, 2021 9:10:51 AM
This student ethics lecture could vanish and we would still have more than ample evidence that Janus Jay Heinecke knew full well he was committing multiple scientific and ethical faux pas when he cooked the statistical books. Why? First, he is supposed to be a qualified POSA otherwise his opinion matters, not a whit. He is an NIH researcher and a PhD tenured university science professor--if he doesn't understand basic statistical method then who does?
The fact that NO peer-reviewed science journal should or would accept such methodology (if detected by a statistical reviewer) because it breaches every principle of statistical canon in data analysis, is ample evidence that he knew that it was wrong.
Second, the fact that he recited the ethical rules of scientific conduct in a lecture to naive students and then broke all the rules himself is as surprising as a politician who lays his hand on the Bible and swears to uphold the constitution and then does what all politicians do --break their own code. It proves that there is nothing new in the world and for mammon, a man will utter any lie and commit any act however unspeakable.
So Dr H knew he was committing dishonesty both scientific and ethical-he reveals it in so many ways but most of all his constant repetition throughout his testimony (almost apologetically if you can believe it) that he did so because the law and claim construction allows him to do so. Since when did expert witnesses get to do claim construction and bend science to fit round pegs in square holes? Since when were the standards of peer-reviewed evidentiary science and POSA thinking subject to ad hoc corruption to suit the convenience of a litigant? Since when did Daubert's gatekeeping standards and Frye's acceptance tests get thrown out the window? Since Nevada 03/30/2020...
HK
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