Download toxic torts science law and the possibility of justice in pdf or read toxic torts science law and the possibility of justice in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get toxic torts science law and the possibility of justice in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



Toxic Torts

Author: Carl F. Cranor
Publisher: Cambridge University Press
ISBN: 1107151961
Size: 39.69 MB
Format: PDF, Mobi
View: 2312
Download and Read
US tort law, cloaked behind increased judicial review of science, is changing before our eyes yet we cannot see it. While Supreme Court decisions have altered how courts review scientific testimony, the complexity of both science and legal procedures mask the resulting social consequences. Yet these consequences are too important to remain hidden. Mistaken court reviews of scientific evidence can decrease citizen access to the law, decrease incentives for firms to test their products, lower deterrence for harmful products, and decrease the possibility of justice for citizens injured by toxic substances. Even if courts review evidence well, increases in litigation costs and attorney screening of clients can impede access to the law. Newly revised and expanded, Toxic Torts, 2nd edition introduces these issues, reveals the relationships that can deny citizens just restitution for harms suffered, and shows how justice can be improved in toxic tort cases.

Tragic Failures

Author: Carl F. Cranor
Publisher: Oxford University Press
ISBN: 0190635754
Size: 61.48 MB
Format: PDF, Docs
View: 3848
Download and Read
The world is awash in chemicals created by fellow citizens, but we know little to nothing about them. Understanding whether even the most prevalent ones are toxic would take decades. Many people have tragically suffered serious diseases and premature death, including children during development. Why has this occurred? Many factors contribute, but two important ones are the laws permitting this and the manner in which science has been used to identify and assess whether or not products are toxic. Both are the outcome of legislative, corporate, and judicial choices. Congress created laws that in fact keep public health officials and the wider population in the dark about the toxicity of virtually all substances other than prescription drugs and pesticides. Facing considerable ignorance about toxic substances, impartially motivated scientists seeking to protect the public health are constrained by the natural pace of studies to reveal toxic effects. Corporate pressures on public health officials and scientific obstruction substantially heighten the barriers to protecting the public. When people have suffered serious as well as life-threatening diseases likely traceable to toxic substances, judicial errors barring relevant science in the personal injury (tort) law can and have frustrated redress of injustices. Under both public health law and the tort law, there are possibilities for improved approaches, provided public leaders make different and better choices. This book describes these issues and suggests how we could be better protected from myriad toxic substances in our midst.

Toxic Torts In A Nutshell

Author: Jean Eggen
Publisher: West Academic Publishing
ISBN: 9781628103519
Size: 33.40 MB
Format: PDF, ePub, Docs
View: 6238
Download and Read
This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It also covers special defendants, such as employers, governmental entities, and government contractors; workers' compensation; insurance coverage issues; key defenses such as statutes of limitations and preemption; causation and scientific evidence; and new theories of injury and damages. A chapter examines regulation of hazardous releases into the environment under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The work also addresses mass toxic torts and examines emerging actions related to nanotechnology and hydraulic fracturing.

The Law Of Environmental Justice

Author: Sheila R. Foster
Publisher: American Bar Association
ISBN: 9781604420838
Size: 43.72 MB
Format: PDF, ePub
View: 6664
Download and Read
Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.

Medicinal Product Liability And Regulation

Author: Richard Goldberg
Publisher: A&C Black
ISBN: 1782251545
Size: 27.84 MB
Format: PDF, ePub
View: 2570
Download and Read
The piecemeal developments in product liability reform in Europe have their origins in the tragic association of phocomelia in children with thalidomide in 1962. In many ways these events have continued to generate pressure for reform of product liability, especially for the victims of drug-induced injury. This monograph attempts to address the major problems that typify claims for drug-induced injury, as well as highlighting the complex interrelationship between liability exposure and drug regulation. While medicinal products are subject to strict liability under the product liability directive, the claimant may have considerable difficulty in establishing that the relevant product is defective and that it caused the damage. It may also be necessary to overcome the development risk defence where this is pleaded. The monograph addresses these problems on a comparative jurisprudential basis, and seeks to determine whether medicinal products should be treated as a special case in the field of product liability. It examines the role of epidemiological evidence in assessing causation in product liability cases concerning medicinal products in the light of recent developments in the UK Supreme Court, the United States, Canada and France. In particular, it addresses the difficulties in reconciling the standards of proof in law and science, including the theory that causation can be proved on the balance of probabilities by reference to the doubling of risk of injury. An important case study compares and contrasts the approaches of the UK and the US to the measles, mumps, rubella Litigation. The book also examines the question as to whether compliance with regulatory standards should protect pharmaceutical manufacturers from product liability suits. It seeks to support a via media whereby the victims of drug induced injury can receive justice, while at the same time encouraging drug safety and innovation in drug development.

Bending Science

Author: Thomas O. McGarity
Publisher: Harvard University Press
ISBN: 9780674028159
Size: 20.21 MB
Format: PDF, Kindle
View: 6653
Download and Read
What do we know about the possible poisons that industrial technologies leave in our air and water? How reliable is the science that federal regulators and legislators use to protect the public from dangerous products? As this disturbing book shows, ideological or economic attacks on research are part of an extensive pattern of abuse. Thomas O. McGarity and Wendy Wagner reveal the range of sophisticated legal and financial tactics political and corporate advocates use to discredit or suppress research on potential human health hazards. Scientists can find their research blocked, or find themselves threatened with financial ruin. Corporations, plaintiff attorneys, think tanks, even government agencies have been caught suppressing or distorting research on the safety of chemical products. With alarming stories drawn from the public record, McGarity and Wagner describe how advocates attempt to bend science or âeoespinâe findings. They reveal an immense range of tools available to shrewd partisans determined to manipulate research. Bending Science exposes an astonishing pattern of corruption and makes a compelling case for reforms to safeguard both the integrity of science and the public health.

Perspectives On Causation

Author: Richard Goldberg
Publisher: Bloomsbury Publishing
ISBN: 1847318428
Size: 19.53 MB
Format: PDF, Mobi
View: 4900
Download and Read
The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.

Labeling Genetically Modified Food

Author: Paul Weirich
Publisher: Oxford University Press
ISBN: 9780198043829
Size: 67.44 MB
Format: PDF, Mobi
View: 7610
Download and Read
Food products with genetically modified (GM) ingredients are common, yet many consumers are unaware of this. When polled, consumers say that they want to know whether their food contains GM ingredients, just as many want to know whether their food is natural or organic. Informing consumers is a major motivation for labeling. But labeling need not be mandatory. Consumers who want GM-free products will pay a premium to support voluntary labeling. Why do consumers want to know about GM ingredients? GM foods are tested to ensure safety and have been on the market for more than a decade. Still, many consumers, including some with food allergies, want to be cautious. Also, GM crops may affect neighboring plants through pollen drift. Despite tests for environmental impact, some consumers may worry that GM crops will adversely effect the environment. The study of risk and its management raises questions not settled by the life sciences alone. This book surveys various labeling policies and the cases for them. It is the first comprehensive, interdisciplinary treatment of the debate about labeling genetically modified food. The contributors include philosophers, bioethicists, food and agricultural scientists, attorneys/legal scholars, and economists.

Kivalina

Author: Christine Shearer
Publisher: Haymarket Books
ISBN: 1608461718
Size: 64.34 MB
Format: PDF, ePub, Docs
View: 2495
Download and Read
“This story is a tragedy, and not just because of what’s happening to the people of Kivalina. It’s a tragedy because it’s unnecessary, the product, as the author shows, of calculation, deception, manipulation, and greed in some of the biggest and richest companies on earth.” —Bill McKibben, author Eaarth: Making a Life on a Tough New Planet "Christine Shearer's Kivalina: A Climate Change Story is a fast and bumpy ride that begins with the history of outrageous corporate deceptions through public relations and legal campaigns, continuing with building of the coal-and-oil empire to fuel progress in the United States, leading to the horrendous politics of climate crisis, and finally arriving at its destination, a ground-zero of climate refugee, Kivalina—an Inupiat community along the Chukchi Sea coast of arctic Alaska. I was angry when I turned the last page. I urge you to get a copy, read it, share the story, and join the new global climate justice movement."—Subhankar Banerjee, photographer, writer, activist, and author of Arctic National Wildlife Refuge: Seasons of Life and Land While corporate funded scientists continue their effort to spread doubt about global climate change, for one native village in Alaska, the price of further denial could be the complete devastation of their homes and culture. Kivalina must be relocated to survive, but neither the oil giants nor the government have proven willing to take responsibility. Christine Shearer is a writer, journalist, activist, and academic. She is the environment and ecology editor of Economy Watch, and managing editor of the online progressive magazine Conducive. She is also a contributor to Coalswarm, part of the online corporate watch website SourceWatch.