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In an era of polarization, narrow party majorities, and increasing use of supermajority requirements in the Senate, policy entrepreneurs must find ways to reach across the aisle and build bipartisan coalitions in Congress. One such coalition-building strategy is the “politics of efficiency,” or reform that is aimed at eliminating waste from existing policies and programs. After all, reducing inefficiency promises to reduce costs without cutting benefits, which should appeal to members of both political parties, especially given tight budgetary constraints in Washington. Dust-Up explores the most recent congressional efforts to reform asbestos litigation—a case in which the politics of efficiency played a central role and seemed likely to prevail. Yet, these efforts failed to produce a winning coalition, even though reform could have saved billions of dollars and provided quicker compensation to victims of asbestos-related diseases. Why? The answers, as Jeb Barnes deftly illustrates, defy conventional wisdom and force us to rethink the political effects of litigation and the dynamics of institutional change in our fragmented policymaking system. Set squarely at the intersection of law, politics, and public policy, Dust-Up provides the first in-depth analysis of the political obstacles to Congress in replacing a form of litigation that nearly everyone—Supreme Court justices, members of Congress, presidents, and experts—agrees is woefully inefficient and unfair to both victims and businesses. This concise and accessible case study includes a glossary of terms and study questions, making it a perfect fit for courses in law and public policy, congressional politics, and public health.
Learn about the current issues affecting lead paint, asbestos, and Chinese drywall litigation cases with this book. Written from both the plaintiff and defense perspective, the guide offers advice on defending a case and a state-by-state summary for comparison and the future of each of these unique litigation issues. It also includes strategies for the defense when trying a case and identifies issues that often arise or should be considered when prosecuting.
The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.
Although asbestos was once considered a miracle mineral, today even the word itself has ominous implications for all strata of our society. Incorporated in the past into over 3000 different industrial and consumer products, as well as in building materials and military equipment, opportunities for exposure continue to be ever present in our environment. Of all of us who are potentially exposed, blue collar workers are at greatest risk.Countless thousands of workers and servicemen in a wide variety of trades were disabled or have died consequent to the health effects of asbestos, and many more can be expected to be affected in years to come. Litigation continues, and financial awards in the billions have bankrupt many Fortune 500 companies and numerous smaller companies.While one might implicate our forefathers in this widespread, relentless medical catastrophe, it has been only in recent decades that science has appreciated the complexities of the problem and the long latencies before the asbestos-associated diseases appear clinically. After all these years, prevention remains the hallmark of disease control, as modern treatments remain, to a large extent, futile.
Asbestos litigation is the longest-running mass tort litigation in U.S. history. Through 2002, approximately 730,000 individuals have brought claims against some 8,400 business entities, and defendants and insurers have spent a total of $70 billion on litigation. Building on previous RAND briefings, the authors report on what happened to those who have claimed injury from asbestos, what happened to the defendants in those cases, and how lawyers and judges have managed the cases.
"The chapters in this volume arise from a conference held at The University of Aberdeen concerning the law of causation in the UK, Commonwealth countries and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries."--
Asbestos and Disease provides a much-needed comprehensive compendium and presentation of accumulated information on asbestos and disease. Organized into five parts, this book begins with the nature, occurrence, properties, mining, milling, manufacturing, and use of asbestos minerals. Some chapters follow on the identification, quantification, and environmental distribution of asbestos fibers. This book also tackles the asbestotic and neoplastic effects of asbestos. The pathogenic mechanisms, prevention, and control of asbestos are also addressed. This work will provide nonspecialists with easily comprehensible and meaningful data that will assist them in their endeavors in this field.
Asbestos bankruptcy trusts play an important role in compensating asbestos injuries. This monograph examines how state tort laws address compensation paid by trusts and the evidence submitted in trust claim forms, how court proceedings take this evidence and compensation into account, and how the establishment of the trusts potentially affects compensation.