Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
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.
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.
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.
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, 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.