Toxic torts [electronic resource] : science, law, and the possibility of justice / Carl F. Cranor.

By:

Cranor, Carl F

Contributor(s):

ProQuest (Firm)

Material type: Text

TextPublication details: Cambridge ; New York : Cambridge University Press, 2006.Description: xvi, 398 pISBN:

0511246234
9780511246234
9780511246920
0511246927
9780511244773
9780511617713
0511617712

Subject(s):

DDC classification:

346.7303/8 22

LOC classification:

KF1299.H39 C73 2006

Online resources:

Click here to download

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?

Summary: The U.S. tort, or personal injury law, cloaked behind increased judicial review of science, is changing before our eyes, except we cannot see it. U.S. Supreme Court decisions beginning with Daubert v. Merrell-Dow Pharmaceutical altered how courts review scientific testimony and its foundation in the law. The complexity of both science and the law mask the overall social consequences of these decisions. Yet they are too important to remain hidden. Mistaken reviews of scientific evidence can decrease citizen access to the law, increase 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. Even if courts review evidence well, greater judicial scrutiny increases litigation costs and attorney screening of clients, and decreases citizens' access to the law. This book introduces these issues, reveals the relationships that can deny citizens just restitution for harms suffered, and shows how justice can be enhanced in toxic tort cases.

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Holdings
Item type	Current library	Collection	Call number	URL	Status	Date due	Barcode	Item holds
e-book	KNCHR Library SharePoint	Science Fiction	KF1299.H39 C73 2006 (Browse shelf(Opens below))	Link to resource	Available

Total holds: 0

Includes bibliographical references ( p. 371-389) and index.

The U.S. tort, or personal injury law, cloaked behind increased judicial review of science, is changing before our eyes, except we cannot see it. U.S. Supreme Court decisions beginning with Daubert v. Merrell-Dow Pharmaceutical altered how courts review scientific testimony and its foundation in the law. The complexity of both science and the law mask the overall social consequences of these decisions. Yet they are too important to remain hidden. Mistaken reviews of scientific evidence can decrease citizen access to the law, increase 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. Even if courts review evidence well, greater judicial scrutiny increases litigation costs and attorney screening of clients, and decreases citizens' access to the law. This book introduces these issues, reveals the relationships that can deny citizens just restitution for harms suffered, and shows how justice can be enhanced in toxic tort cases.

Electronic reproduction. Ann Arbor, MI : ProQuest, 2015. Available via World Wide Web. Access may be limited to ProQuest affiliated libraries.

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