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Evidentiary standards

Genomics and Toxic Sustances: Part I--Toxicogenomics

Advances in genomics, the study of the structure and function of our genetic make-up, are fundamentally transforming toxicology, the science of how toxic substances affect our bodies. These changes will inevitably spill over into the...

"Two Strikes and You're Out!": How to Prevail in Daubert Challenges

In 1992, Drs. Arnold Schecter and Daniel Teitelbaum, two highly qualified scientists, testified that polychlorinated biphenyls (PCBs), together with certain dioxins and furans that were PCB derivatives, could have accelerated cancer in...

Multimedia Exposure Modeling in the Courtroom

Editors' Summary: The increasing number of toxic tort lawsuits in the courts today causes litigants to use a vast array of scientific methodologies and exposure models, which in turn add to the already high level of confusion among...

Separating the Scientist's Wheat From the Charlatan's Chaff: Daubert's Role in Toxic Tort Litigation

Editors' Summary: In the wake of Daubert v. Merrell Dow Pharmaceuticals, Inc., it has become increasingly important for the judicial system to discern the reliability of scientific evidence offered by experts in toxic tort cases. In...

The Artification of Science: The Problem of Unscientific "Scientific" Evidence

Editors' Summary: The absence of a certain threshold for admitting scientific information into evidence permits many courts to admit as scientific evidence the testimony of experts that does not meet scientific standards for...