Research Catalog

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

Title
Toxic torts : science, law, and the possibility of justice / Carl F. Cranor.
Author
Cranor, Carl F.
Publication
Cambridge ; New York : Cambridge University Press, 2006.

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Description
xvi, 398 p.; 24 cm.
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.
Subject
  • Liability, Legal
  • Environmental Pollution > legislation & jurisprudence
  • Environmental Exposure > legislation & jurisprudence
  • Toxic torts > United States
  • Hazardous substances > Law and legislation > United States
  • Chemicals > Law and legislation > United States
  • United States
Bibliography (note)
  • Includes bibliographical references (p. 371-389) and index.
Processing Action (note)
  • committed to retain
Contents
The veil of science over tort law policy -- Legal background -- Institutional concerns about the Supreme Court's triology -- The science of toxicity and reasoning about causation -- Excellent evidence makes bad law : pragmatic barriers to the discovery of harm and fair admissibility decisions -- Science and law in conflict -- Improving legal protections under Daubert -- Is Daubert the solution?
ISBN
0521861829 (hardback : alk. paper)
LCCN
^^2006015960
OCLC
68786806
Owning Institutions
Harvard Library