ENGLISH

Toxic Torts: Science, Law and the Possibility of Justice

By Carl F. Cranor

Book information

Publisher
Cambridge University Press
Year
2006
ISBN
0521861829, 9780521861823, 9780511246920
Open Library ID
OL7767167M
Language
english
Format
PDF
Filesize
3 MB (3594194 bytes)
Pages
416\416
Topic
Jurisprudence Law
Scanned
yes
Time added
2010-08-30 15:18:36

Description

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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