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8 - Is Daubert the Solution?

Published online by Cambridge University Press:  08 January 2010

Carl F. Cranor
Affiliation:
University of California, Riverside
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Summary

Courts need to become more sophisticated about the scientific issues in toxic torts along the lines suggested in Chapter 7 to better ensure that verdicts comport with the science needed in a case, that there are fair admissibility reviews, and that there is the possibility of justice for injured parties. However, even a sensitive review of scientific evidence within existing federal law may fall short in bringing the science of our technological society into the law to guide social decisions. It also may not be sufficient to ensure matters have been “set right” as corrective justice requires for citizens wrongfully harmed by others. Further analysis suggests that the Daubert trilogy has probably had a number of counterproductive, although perhaps unintended, consequences on this point. There are three structural issues that raise concerns: (1) Admissibility changes wrought by Daubert, whether conducted poorly or well, almost certainly decrease citizens' access to the legal system. In turn, this puts justice for injured parties at risk and reduces further tort law deterrence of harmful conduct or products. (2) In some respects, Daubert increases the acceptability of legal decisions that utilize scientific evidence. In others, it threatens their acceptability, creates counterproductive tendencies concerning the science, or has other untoward consequences. (3) Beyond these two more specific problems, Daubert admissibility screening, ignorance about the universe of substances, too little product testing and monitoring, and the causal requirement of torts together undermine protections of public health and the environment where toxic substances are concerned.

Type
Chapter
Information
Toxic Torts
Science, Law and the Possibility of Justice
, pp. 337 - 370
Publisher: Cambridge University Press
Print publication year: 2006

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  • Is Daubert the Solution?
  • Carl F. Cranor, University of California, Riverside
  • Book: Toxic Torts
  • Online publication: 08 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617713.009
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  • Is Daubert the Solution?
  • Carl F. Cranor, University of California, Riverside
  • Book: Toxic Torts
  • Online publication: 08 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617713.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Is Daubert the Solution?
  • Carl F. Cranor, University of California, Riverside
  • Book: Toxic Torts
  • Online publication: 08 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617713.009
Available formats
×