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Toxic torts : science, law, and the possibility of justice / Carl F. Cranor.
- Format:
- Book
- Author/Creator:
- Cranor, Carl F., author.
- Language:
- English
- Subjects (All):
- Toxic torts--United States.
- Toxic torts.
- United States.
- Hazardous substances--Law and legislation--United States.
- Hazardous substances.
- Hazardous substances--Law and legislation.
- Chemicals--Law and legislation--United States.
- Chemicals.
- Chemicals--Law and legislation.
- Physical Description:
- 1 online resource (xvi, 398 pages) : digital, PDF file(s)
- Place of Publication:
- Cambridge : Cambridge University Press, 2006.
- System Details:
- text file
- Summary:
- The relationship between science, law and justice has become a pressing issue with US Supreme Court decisions beginning with Daubert volume 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.
- Contents:
- 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?
- Notes:
- Title from publisher's bibliographic system (viewed on 05 Oct 2015).
- Other Format:
- Print version:
- ISBN:
- 9780511617713
- Access Restriction:
- Restricted for use by site license.
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