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Articles 1 - 30 of 41
Full-Text Articles in Law
The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks
The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks
Law and Contemporary Problems
This article uses the differential diagnosis opinions to explore a pair of interrelationships. The basic causal framework employed by most courts in toxic tort cases is presented. A key to understanding the developing case law in this area is to appreciate the degree to which the courts have adopted the interpretive conventions of science in assessing admissibility.
Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes
Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes
Law and Contemporary Problems
Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.
Scientific Models Of Human Health Risk Analysis In Legal And Policy Decisions, Douglas Crawford-Brown
Scientific Models Of Human Health Risk Analysis In Legal And Policy Decisions, Douglas Crawford-Brown
Law and Contemporary Problems
The quality of scientific predictions of risk in the courtroom and policy arena rests in large measure on how the two differences between normal practice and the legal/policy practice of science are reconciled. This article considers a variety of issues that arise in reconciling these differences, and the problems that remain with scientific estimates of risk when these are used in decisions.
Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging
Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging
Law and Contemporary Problems
In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.
Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr
Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr
Law and Contemporary Problems
The logic of some other systems of thought, explanation, and prediction are discussed, in order to find what can be learned about the sociocultural contexts and their functions in other cultures. The truths they may represent are about the human quest to understand causes and effects.
The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark
The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark
Law and Contemporary Problems
This article discusses the role of epidemiologic evidence in toxic tort cases, focusing on relative risk. Whether specific causation can be inferred if a relative risk is above 2.0 is discussed. The object is to explore the scientific logic behind intuitions of relative risk.
Foreword, John M. Conley
Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond
Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond
Law and Contemporary Problems
As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules.
Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress
Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress
Law and Contemporary Problems
This article briefly describes the normative/nonnormative distinction, and how one might invoke this distinction to locate a nonnormative dimension of actual causation. After briefly introducing Richard Wright's concept of a necessary element in a set of conditions for an effect, the article notes ambiguities in the critical concepts of necessity and sufficiency that he deploys. The article suggests the most plausible interpretation of Wright's use of different modal concepts.
Rationalism And Empiricism In Modern Medicine, Warren Newton
Rationalism And Empiricism In Modern Medicine, Warren Newton
Law and Contemporary Problems
The roots of rationalism and empiricism in the Hippocratic tradition are explored. The triumph of the rationalists in the founding of modern medicine is emphasized. The development of clinical epidemiology and the evidence-based medicine over the last 30 years is described. The tension illuminates fundamental clinical and policy questions that doctors, the health care system, and the legal system confront today.
Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley
Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley
Law and Contemporary Problems
The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.
Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley
Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley
Law and Contemporary Problems
This article presents empirical evidence of the ways people compare judgments of liability with judgments of causation and contribution. Specifically, the article reports the results of experiments designed to show whether people regard causation and enablement as necessary elements of liability.
The Relation Between Counterfactual (“But For”) And Causal Reasoning: Experimental Findings And Implications For Jurors’ Decisions, Barbara A. Spellman, Alexandra Kincannon
The Relation Between Counterfactual (“But For”) And Causal Reasoning: Experimental Findings And Implications For Jurors’ Decisions, Barbara A. Spellman, Alexandra Kincannon
Law and Contemporary Problems
No abstract provided.
Kumho And How We Know, Joseph Sanders
Kumho And How We Know, Joseph Sanders
Law and Contemporary Problems
No abstract provided.
Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus
Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus
Law and Contemporary Problems
No abstract provided.
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Law and Contemporary Problems
No abstract provided.
A Comparison Of Trading Models Used For Calculating Aggregate Damages In Securities Litigation, Michael Barclay, Frank C. Torchio
A Comparison Of Trading Models Used For Calculating Aggregate Damages In Securities Litigation, Michael Barclay, Frank C. Torchio
Law and Contemporary Problems
No abstract provided.
Beyond “It Just Ain’T Worth It”: Alternative Strategies For Damage Class Action Reform, Deborah R. Hensler, Thomas D. Rowe Jr.
Beyond “It Just Ain’T Worth It”: Alternative Strategies For Damage Class Action Reform, Deborah R. Hensler, Thomas D. Rowe Jr.
Law and Contemporary Problems
No abstract provided.
A Tribute To Professor Melvin G. Shimm
A Tribute To Professor Melvin G. Shimm
Law and Contemporary Problems
No abstract provided.
Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger
Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger
Law and Contemporary Problems
No abstract provided.
The Nontrial Adversarial Model, Joel Seligman
The Nontrial Adversarial Model, Joel Seligman
Law and Contemporary Problems
No abstract provided.
Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch
Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch
Law and Contemporary Problems
No abstract provided.
Pleading Securities Fraud, Elliott J. Weiss
Pleading Securities Fraud, Elliott J. Weiss
Law and Contemporary Problems
No abstract provided.
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel
Law and Contemporary Problems
No abstract provided.
Foreword, Francis Mcgovern
Loser-Pays—Or Whose “Fault” Is It Anyway: A Response To Hensler-Rowe’S “Beyond ‘It Just Ain’T Worth It’”, Marc I. Gross
Loser-Pays—Or Whose “Fault” Is It Anyway: A Response To Hensler-Rowe’S “Beyond ‘It Just Ain’T Worth It’”, Marc I. Gross
Law and Contemporary Problems
No abstract provided.
A Modest Reform For Federal Procedural Rulemaking, Carl Tobias
A Modest Reform For Federal Procedural Rulemaking, Carl Tobias
Law and Contemporary Problems
No abstract provided.
Upsetting The Balance Between Adverse Interests: The Impact Of The Supreme Court’S Trilogy On Expert Testimony In Toxic Tort Litigation, Margaret A. Berger
Upsetting The Balance Between Adverse Interests: The Impact Of The Supreme Court’S Trilogy On Expert Testimony In Toxic Tort Litigation, Margaret A. Berger
Law and Contemporary Problems
No abstract provided.