Scientific ignorance and reliable patterns of evidence in toxic tort causation: is there a need for liability reform?

Part of a special issue on causation in law and science. The writers question whether there is a need for liability reform in light of scientific ignorance and the need for reliable patterns of expert evidence in toxic tort causation. They consider how evidentiary reform has been directed by parti...

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Detalles Bibliográficos
Publicado en:Law & Contemporary Problems Vol. 64; no. 4; pp. 5 - 49
Autores principales: Cranor, Carl F., Eastmond, David A.
Formato: Artículo
Publicado: Duke University Autumn2001
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Acceso en línea:Ver este registro en EBSCOhost
Descripción
Sumario:Part of a special issue on causation in law and science. The writers question whether there is a need for liability reform in light of scientific ignorance and the need for reliable patterns of expert evidence in toxic tort causation. They consider how evidentiary reform has been directed by particularly good but misleading fact scenarios and review the vast scientific ignorance of the universe of substances. They evaluate some scientifically legitimate and reliable patterns of evidence used by scientists to determine whether certain substances are carcinogenic, and they review some of the biological principles employed in support of these conclusions. They indicate that more far-reaching tort reforms might be required to serve the law, given the considerable scientific ignorance about potentially toxic substances.