Guarding the Gate to the Courthouse: How Trial Judges are Using Their Evidentiary Screening Role to Remake Tort Causation Rules
DePaul Law Review, Vol. 49, P. 335, 1999
Posted: 9 Jun 2000
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
Suggested Citation: Suggested Citation