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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Toxic Torts: Science, Law and the Possibillity & Justice 2nd ed isbn 9781107151963

Toxic Torts: Science, Law and the Possibility of Justice

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ISBN13: 9780521728409
New Edition ISBN: 9781107151963
Published: April 2008
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2006)
Price: Out of print
Hardback edition out of print, ISBN13 9780521861823



The relationship between science, law and justice has become a pressing issue with recent U.S. 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.

  • Uses an informed understanding of legal details and scientific evidence to reveal the changes in torts or personal injury law
  • Examines regulatory regimes such as the FDA and the EPA that set legal standards to prevent harm from products
  • Author makes recommendations on how courts might incorporate science and effectively handle toxic tort cases

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Subjects:
Tort Law, Other Jurisdictions , USA
Contents:
1. The veil of science over tort law policy
2. Legal background
3. Institutional concerns about the Supreme Court’s triology
4. The science of toxicity and reasoning about causation
5. Excellent evidence makes bad law: pragmatic barriers to the discovery of harm and fair admissibility decisions
6. Science and law in conflict
7. Improving legal protections under Daubert
Is Daubert the solution?
Bibliography.