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Junking Good Science: Undoing Daubert v Merrill Dow Through Cross-Examination and Argument /

개인저자
Givelber, Daniel ;, Strickler, Lori
수록페이지
33-36 p.
발행일자
2006.01.19
출판사
The American Public Health Association
초록
[영문]For more than 40 years, the tobacco industry prevailed in lawsuits brought by injured smokers, despite overwhelming epidemiological evidence that smoking caused lung cancer. Tobacco lawyers were able to create doubt about causation. They sought to persuade jurors that qqqquot;everybody knewqqqquot; smoking was harmful but qqqquot;nobody knowsqqqquot; what causes cancer by recreating in court the scientific debate resolved by the 1964 Surgeon General’s Report. The particularistic structure of jury trials combined with the law’s mechanistic view of causation enables a defendant to contest virtually any claim concerning disease causation. Despite judicial efforts to eliminate qqqquot;junk scienceqqqquot; from lawsuits, a well-financed defendant may succeed in persuading jurors of the epidemiological equivalent of the proposition that the earth is flat.