Toxic torts : science, law, and the possibility of justice / Carl F. Cranor.
2006
Items
Details
Author
Title
Toxic torts : science, law, and the possibility of justice / Carl F. Cranor.
Imprint
Cambridge : Cambridge University Press, 2006.
Description
1 online resource (xvi, 398 pages) : digital, PDF file(s)
Formatted Contents Note
The veil of science over tort law policy
Legal background
Institutional concerns about the Supreme Court's triology
Studies of toxicity and scientific reasoning
Excellent evidence makes bad law : pragmatic barriers to the discovery of harm and fair admissibility decisions
Science and law in conflict
Enhancing the possibility of justice under Daubert
Is Daubert the solution?
Legal background
Institutional concerns about the Supreme Court's triology
Studies of toxicity and scientific reasoning
Excellent evidence makes bad law : pragmatic barriers to the discovery of harm and fair admissibility decisions
Science and law in conflict
Enhancing the possibility of justice under Daubert
Is Daubert the solution?
Summary
The relationship between science, law and justice has become a pressing issue with US Supreme Court decisions beginning with Daubert v. Merrell-Dow Pharmaceutical. How courts review scientific testimony and its foundation before trial can substantially affect the possibility of justice for persons wrongfully injured by exposure to toxic substances. If courts do not review scientific testimony, they will deny one of the parties the possibility of justice. Even if courts review evidence well, the fact and perception of greater judicial scrutiny increases litigation costs and attorney screening of clients. Mistaken review of scientific evidence can decrease citizen access to the law, increase unfortunate incentives for firms not to test their products, lower deterrence for wrongful conduct and harmful products, and decrease the possibility of justice for citizens injured by toxic substances. This book introduces these issues, reveals the relationships that pose problems, and shows how justice can be denied.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511617713 ebook
9780521861823 (hardback)
9780521728409 (paperback)
9780521861823 (hardback)
9780521728409 (paperback)
Record Appears in