Protecting the Public from BPA: An Action Plan for Federal Agencies. CPR White Paper 1202, January 2012, by Member Scholars Noah Sachs, Thomas O. McGarity and Rena Steinzor, CPR Policy Analyst Aimee Simpson and Senior Policy Analyst Matthew Shudtz.
The U.S. tort, or personal injury law, cloaked behind increased judicial review of science, is changing before our eyes. But we cannot see it. U.S. Supreme Court decisions beginning with Daubert v. Merrell-Dow Pharmaceutical altered how courts review scientific testimony and its foundation in the law. Mistaken reviews of scientific evidence can decrease citizen access to the law, increase incentives for firms not to test their products, lower deterrence for wrongful conduct and harmful products, and decrease the possibility of justice for citizens injured by toxic substances. Even if courts review evidence well, greater judicial scrutiny increases litigation costs and attorney screening of clients, and decreases citizens’ access to the law. Carl Cranor's Toxic Torts: Science, Law, and the Possibility of Justice introduces these issues, reveals the relationships that can deny citizens just restitution for harms suffered, and shows how justice can be enhanced in toxic tort cases.