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Full-Text Articles in Law
Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski
Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski
Alani Golanski
Daubert requires the court to make judgments about scientific evidence. But judges, like jurors, are lay persons in relation to such evidence. So Daubert has been criticized as requiring too much of the court, and such alternatives as blue ribbon panels have been proposed. This article shows that, notwithstanding any problems that Daubert itself might have, the Daubert scholarship is significantly hampered by the way legal scholars categorize knowledge. A "contextualist" (as opposed to "invariantist") theory of knowledge is both philosophically best, and makes sense of law's relation to science.
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Villanova Environmental Law Journal
No abstract provided.
What Courts Can Do In The Face Of The Never-Ending Asbestos Crisis, Paul F. Rothstein
What Courts Can Do In The Face Of The Never-Ending Asbestos Crisis, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The purpose of this article is not to argue that claimants suffering from serious asbestos-related diseases should not be compensated. To the contrary, one of the points of this article is that absent some change in the way asbestos claims are resolved, claimants who become truly sick in the future may not receive adequate compensation. Changing the current asbestos compensation system would be pro-claimant. Also, the purpose of this article is not to ascribe blame. Rather, it is to fix a problem. The judges cannot be blamed for their good intentions. Neither can the plaintiffs' attorneys be blamed for zealously …
Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman
Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman
Georgetown Law Faculty Publications and Other Works
In this Article we offer one small idea with potentially large implications. We propose the recognition arid development of a special tort for toxic exposures, where the exposures have not yet led to a physical illness such as cancer. We argue, in brief, that this new tort would, in one simple step, accomplish three things: it would address many of the problems with the courts' current handling of toxic torts; it would consolidate the many overlapping causes of action now pressed in toxic tort cases into one single claim; and it would give expression to the real injury motivating these …