Guarding the Gate to the Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role to Remake Tort Causation Rules
SUNY Buffalo Law School
DePaul Law Review, Vol. 49, P. 335, 1999
The article looks at what trial judges are actually doing in toxic tort cases in the post-Daubert world; it reviews and critiques cases in which judges have in effect adopted a new rule of causation law that requires plaintiffs to rely on epidemiology, and in particular epidemiology that demonostrates an increase in relative risk of 2.0 or greater; the article considers the substantive as well as the normative implications of this legal treatment of epidemiology.
JEL Classification: K13, K32, K41
Date posted: June 9, 2000
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