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Author Cranor, Carl F

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


Description 1 online resource (xvi, 398 pages)
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 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
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Toxic torts -- United States
Hazardous substances -- Law and legislation -- United States
Chemicals -- Law and legislation -- United States
Environmental Exposure -- legislation & jurisprudence
Liability, Legal
LAW -- Administrative Law & Regulatory Practice.
Chemicals -- Law and legislation
Hazardous substances -- Law and legislation
Toxic torts
United States
Form Electronic book
ISBN 0511246234