Harvard Asbestos Legal Question

Harvard Asbestos Legal Questions: Navigating Complex Litigation

Introduction:

The legacy of asbestos exposure continues to cast a long shadow, leaving countless individuals and families grappling with the devastating consequences of asbestos-related diseases. Harvard University, with its extensive history and numerous buildings constructed during periods of widespread asbestos use, has unfortunately become embroiled in its share of asbestos litigation. This comprehensive guide delves into the multifaceted legal landscape surrounding Harvard asbestos lawsuits, offering clarity on the complexities involved for both claimants and the institution. We will explore the legal challenges, the types of claims that can be filed, the evidence required, and the potential outcomes of such litigation. This detailed analysis aims to provide a comprehensive understanding of this critical issue.


I. Understanding the Scope of Harvard Asbestos Legal Questions:

Harvard's vast campus, built over centuries, contains numerous structures potentially containing asbestos. This presents a significant legal challenge, as individuals who allege exposure to asbestos on campus may seek compensation for resulting illnesses. These claims can stem from a multitude of scenarios, including:

Exposure during employment: Former employees of Harvard, including maintenance workers, researchers, and administrative staff, might have faced asbestos exposure during their tenure.
Exposure as students or visitors: Though less common, students or visitors may have been exposed through renovation projects or deteriorated building materials.
Exposure through secondary sources: Individuals who came into contact with those exposed on campus (family members of employees, for example) may also have viable claims.

The legal complexities stem from proving direct exposure to asbestos originating from Harvard property, establishing a causal link between the exposure and the resulting disease, and overcoming potential defenses raised by Harvard’s legal team.


II. Types of Asbestos-Related Diseases and Legal Claims:

Several debilitating diseases are linked to asbestos exposure. The specific disease dictates the nature and strength of a potential legal claim. Common asbestos-related illnesses include:

Mesothelioma: A rare and aggressive cancer affecting the lining of the lungs, abdomen, or heart. Mesothelioma claims often involve the highest damages due to the severity and mortality rate of the disease.
Lung cancer: Asbestos exposure significantly increases the risk of lung cancer. Claims will need to establish a strong link between asbestos exposure at Harvard and the onset of lung cancer. Pre-existing conditions like smoking can complicate these cases.
Asbestosis: A chronic lung disease causing scarring and difficulty breathing. Asbestosis claims often focus on the demonstrable lung damage and the resulting impact on the claimant’s quality of life.
Pleural plaques: These are thickened areas on the lung lining. While not always symptomatic, pleural plaques can indicate past asbestos exposure and potentially serve as evidence in a broader claim.

Each disease requires specific medical evidence, including diagnostic testing and expert testimony from physicians specializing in asbestos-related diseases.


III. The Evidence Required in Harvard Asbestos Legal Cases:

Establishing liability in asbestos cases requires meticulous evidence gathering. Key elements include:

Proof of exposure: This necessitates demonstrating that the claimant was exposed to asbestos fibers originating from Harvard property. This evidence might include witness testimony, work records, environmental testing reports from the relevant period, and photographs documenting building conditions.
Medical evidence: Detailed medical records, including diagnostic tests (CT scans, biopsies), pathology reports, and expert medical opinions linking the disease to asbestos exposure are crucial.
Expert testimony: Legal teams rely on expert witnesses, such as industrial hygienists, pulmonologists, and toxicologists, to provide credible scientific evidence establishing a causal relationship between exposure and disease. These experts often reconstruct past conditions and assess the level of asbestos exposure.


IV. Potential Defenses Used by Harvard in Asbestos Litigation:

Harvard’s legal team will likely employ various defenses to mitigate liability, including:

Statute of limitations: Claims must be filed within a specific timeframe. Missing the deadline can bar the claim altogether. The specific statute of limitations varies depending on the jurisdiction and the type of claim.
Contributory negligence: Harvard might argue that the claimant contributed to their exposure through their actions or negligence.
Lack of causation: Harvard may challenge the link between the alleged exposure at Harvard and the claimant's illness, arguing that other factors contributed to the disease.
Insufficient evidence: They might argue that the evidence presented is not sufficient to prove exposure or causation.

Successfully navigating these defenses requires a strong understanding of legal precedent, meticulous evidence collection, and effective legal representation.


V. Potential Outcomes and Compensation in Harvard Asbestos Cases:

Successful asbestos lawsuits can result in substantial financial compensation, which might cover:

Medical expenses: This covers the cost of diagnosis, treatment, and ongoing medical care.
Lost wages: Compensation for past and future lost income due to the illness.
Pain and suffering: Damages awarded for the physical and emotional distress caused by the disease.
Wrongful death: If the asbestos-related illness results in death, dependents may be entitled to compensation.


The amount of compensation varies considerably depending on the severity of the disease, the strength of the evidence, and the jurisdiction where the case is filed.


VI. Seeking Legal Assistance for Harvard Asbestos Claims:

Navigating the complexities of asbestos litigation requires expert legal counsel. A lawyer specializing in asbestos litigation possesses the necessary knowledge and experience to:

Assess the merits of your claim: Determining whether you have a viable case.
Gather necessary evidence: Collecting medical records, employment records, and other crucial documentation.
Negotiate with insurance companies or Harvard’s legal team: Attempting to settle the case outside of court.
Represent you in court: If a settlement cannot be reached, litigating the case to trial.


Choosing a reputable and experienced asbestos lawyer is paramount to maximizing your chances of a successful outcome.


Article Outline:

Title: Harvard Asbestos Legal Questions: A Comprehensive Guide

Introduction: Hooking the reader with a relatable anecdote about asbestos exposure and its consequences, and providing an overview of the blog's content.
Chapter 1: Understanding the Scope: Discussion of Harvard's history with asbestos, potential exposure scenarios (employment, visitors, secondary exposure), and the legal complexities involved.
Chapter 2: Types of Diseases and Claims: Detailed explanation of asbestos-related diseases (mesothelioma, lung cancer, asbestosis, pleural plaques), and how they relate to legal claims.
Chapter 3: Required Evidence: Thorough exploration of necessary evidence (proof of exposure, medical evidence, expert testimony), and strategies for obtaining it.
Chapter 4: Harvard's Defenses: Discussion of potential legal defenses Harvard may employ (statute of limitations, contributory negligence, lack of causation), and how to counter them.
Chapter 5: Potential Outcomes and Compensation: Explanation of potential outcomes, including financial compensation for various aspects (medical expenses, lost wages, pain and suffering, wrongful death).
Chapter 6: Seeking Legal Assistance: Emphasis on the importance of legal counsel, and guidance on choosing a suitable lawyer specializing in asbestos litigation.
Conclusion: Recap of key takeaways and encouragement for readers to seek legal counsel if needed.
FAQs: A comprehensive list of frequently asked questions and answers.


(Each chapter would then be expanded upon as described in the body of this response.)


FAQs:

1. What is the statute of limitations for filing a Harvard asbestos lawsuit? This varies by state and specific circumstances; legal counsel is crucial to determine applicable deadlines.
2. If I worked at Harvard decades ago, can I still file a claim? Possibly, depending on the statute of limitations and the presence of sufficient evidence.
3. What kind of medical evidence is required? Comprehensive medical records, including diagnostic tests and expert opinions linking the disease to asbestos exposure.
4. Can I file a claim if I only experienced minimal exposure? The likelihood of success depends on the severity of the exposure and resulting illness. Legal consultation is recommended.
5. What if I'm not sure if my illness is related to asbestos exposure at Harvard? A medical professional specializing in asbestos-related diseases can help determine the cause.
6. How much compensation can I expect? Compensation varies significantly based on factors such as disease severity and evidence strength.
7. Does Harvard have insurance coverage for asbestos claims? The details of Harvard's insurance coverage are complex and should be explored by legal counsel.
8. What are the chances of winning an asbestos lawsuit against Harvard? The success rate depends on various factors, including the strength of the evidence and the effectiveness of legal representation.
9. Where can I find a lawyer specializing in asbestos litigation? The American Association for Justice (AAJ) or state bar associations offer lawyer referral services.


Related Articles:

1. Asbestos Litigation in Massachusetts: An overview of Massachusetts laws and legal precedents relevant to asbestos lawsuits.
2. Understanding Mesothelioma: Symptoms, Diagnosis, and Treatment: A detailed explanation of this aggressive asbestos-related cancer.
3. The History of Asbestos Use in Construction: A chronological look at the widespread use of asbestos in buildings and its eventual ban.
4. Proving Causation in Asbestos Cases: Discussion of the legal challenges in establishing a link between asbestos exposure and illness.
5. The Role of Expert Witnesses in Asbestos Litigation: Exploration of the importance of expert testimony in these complex legal cases.
6. Asbestos-Related Lung Diseases: A Comprehensive Overview: A detailed discussion of various asbestos-related lung conditions.
7. Statutes of Limitations for Asbestos Claims: A breakdown of the varying statutes of limitations across different states.
8. Negotiating Settlements in Asbestos Cases: Insights into the settlement process and strategies for achieving favorable outcomes.
9. Choosing the Right Asbestos Lawyer: Tips and Advice: Guidance on finding a competent and experienced lawyer for asbestos litigation.


  harvard asbestos legal question: Harvard Law Review: Volume 129, Number 8 - June 2016 Harvard Law Review, 2016-06-10 The June 2016 issue, Number 8, features these contents: • Article, Systemic Facts: Toward Institutional Awareness in Criminal Courts, by Andrew Manuel Crespo • Book Review, Fixing Statutory Interpretation, by Brett M. Kavanaugh • Book Review, Knowledge and Politics in International Law, by Samuel Moyn • Note, Major Question Objections • Note, Chinese Common Law? Guiding Cases and Judicial Reform • Note, OSHA’s Feasibility Policy: The Implications of the ‘Infeasibility’ of Respirators Furthermore, student commentary analyzes Recent Cases on sex-discrimination implications of gender-normed FBI fitness requirements; trademark law and the antidisparagement rule as a constitutional problem; practical elimination of the adverse-interest exception as a defense to fraud-on-the-market claims; deference to administrative agency’s amicus brief’s interpretation of student-loan regulations; parties' analysis of fair use before issuing copyright-violation takedown notice; causation standards for penalty enhancement in Controlled Substances Act cases; and admiralty jurisdiction and removal to federal court after a 2011 amendment to 28 USC § 1441. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible graphics from the original, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the eighth and final issue of academic year 2015-2016.
  harvard asbestos legal question: Finding Solutions to the Asbestos Litigation Problem United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Overnight and the Courts, 2001
  harvard asbestos legal question: Asbestos Litigation Crisis United States. Congress. Senate. Committee on the Judiciary, 2003
  harvard asbestos legal question: Harvard Law Review , 1984
  harvard asbestos legal question: S. 582 : a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes ,
  harvard asbestos legal question: S. 852 United States. Congress. Senate. Committee on the Judiciary, 2006
  harvard asbestos legal question: Chemical Injury and the Courts Linda Price King, 2015-11-16 A chemical injury can happen at any time to anyone, regardless of age, background, or economic status. It can happen either on the job or in the home, and can affect many members of a community. Such an injury often does not show up immediately but develops over a long period. Often, however, sufferers from chemical exposure are victimized not only by the chemicals but also by a legal system that seems to require complicated and expensive court action. This helpful guide to chemical-injury litigation offers practical strategies that clients and their attorneys can use to better serve their cases. Presenting a clear blueprint of client rights and responsibilities, the book will improve the standard of legal services for both individuals and communities. The guide addresses in detail several important areas of chemical injury and the legal process: defining problems and solutions; examining available resources; cultivating a knowledge of chemical-related diseases and injuries; and facilitating effective attorney-client relationships and case strategies. Leading attorneys contribute case studies and essays offering perspectives on chemical injury and the law.
  harvard asbestos legal question: Questions of Liability Donal Nolan, 2023-11-02 In this collection, one of the key commentators on the modern law of tort presents 12 of his most important articles and book chapters. These are accompanied by an introductory chapter in which the author comments on the impact and reception of the pieces that make up the collection, and by a provocative new essay in which he argues against strict product liability in the law of tort. A coherent and compelling exploration of topical issues in core areas of tort law, the collection is divided into 3 parts, dealing with negligence; nuisance and Rylands v Fletcher; and tort in general. The essays in this collection are a significant contribution to debates about the limits and scope of tortious liability in common law systems. Students, scholars and practitioners alike will find it an invaluable resource for understanding tort law in the early 21st century.
  harvard asbestos legal question: Fairness in Asbestos Compensation Act of 1999 United States. Congress. House. Committee on the Judiciary, 2000
  harvard asbestos legal question: Blood in the Water Walter Champion, Carlos A. Velasquez, 2021-06-22 This book looks at mass tort litigation in a variety of formats including lawsuits against manufacturers and Big Pharma. The authors argue that without the personal injury bar, outrageous examples of rampant corporate greed would continue to this day. The author references many class actions such as the exploding Pinto, Agent Orange, the Opioid epidemic, and concussions in the NFL. Tort reform zealots argue that these lawsuits are bogus and detrimental to the American way of life. This is, of course, ridiculous. The authors argue that attorneys are the only means to alleviate the excesses of corporate greed by showing multiple cases of mistakes that were purposefully ignored because of the quest for corporate gain. Big corporations live by a cost/benefit analysis that allow and even foster the inevitable lawsuit which results from their greed.
  harvard asbestos legal question: Urban Land , 1990
  harvard asbestos legal question: Legal Principles in WTO Disputes Andrew D. Mitchell, 2008-12-11 Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.
  harvard asbestos legal question: Legal Issues of Economic Integration , 2002
  harvard asbestos legal question: Adverse reactions to HIV vaccines : medical, ethical, and legal issues. , 1995 AIDS researchers are investigating new vaccines that would prevent infection with HIV and reduce the spread of AIDS. Some have argued that product liability concerns have discouraged investment in HIV vaccine research and development. The purpose of this OTA background paper is to describe the current state of development of HIV vaccines, and to discuss what is known about adverse reactions that may occur. The background paper provides an overview of ethical issues that arise in the conduct of HIV vaccine trials. The report also discusses alternatives to the current product liability system to encourage the development of HIV vaccines and to fairly compensate those who are harmed as a result of adverse reactions to the vaccine. This background paper was prepared in response to a request from the Subcommittee on Health of the House Ways and Means Committee. It is eleventh in OTA's series of studies on HIV-related issues.
  harvard asbestos legal question: Evidence, Proof, and Fact-Finding in WTO Dispute Settlement Michelle T. Grando, 2009-12-24 This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
  harvard asbestos legal question: Energy Abstracts for Policy Analysis , 1989
  harvard asbestos legal question: Legal Problems of International Trade Paul O. Proehl, 1959
  harvard asbestos legal question: Genetics and the Law II Milunsky, 2013-11-11 The law is a mandate and a mirror; it both commands and reflects. It should not come as a shock that scientists and physicians often prefer the mirror at times when society seems to be demanding a mandate. This may be especially true in the rapidly advancing field of medical genetics, where recent discoveries leading to potentially startling applications have raised old questions of law in a new light. Nevertheless, we believe that in general the conflict between the law and science, as illustrated in the field of genetics, is embroi dered with exaggeration. The Chief Justice of the United States Supreme Court, Warren Burger, has noted that the prime function of the law is to protect basic human values--individual human values--sometimes even at the expense of scientific progress; and that it is not the function of the law to keep pace with science. While both of these statements are true as far as they go, we believe the law must make an affirmative effort to anticipate scientific developments so that those beneficial to society can be nurtured rather than stultified. It was to nurture cooperation and understanding that we brought together a distinguished faculty of internationally known experts on law and genetics to discuss their fields in 1975.
  harvard asbestos legal question: Banking Regulation and World Trade Law Lazaros E. Panourgias, 2006-04-07 Banking Regulation and World Trade Law concerns the legal aspects of the interaction between banking regulation and international trade in financial services. The author studies the internal banking market of the European Union, the liberalisation of financial services trade in the World Trade Organization, the accords of the Basel Committee on Banking Supervision and the European Central Bank. The book focuses on the balancing between banking regulation and international trade law. It discusses discrimination and proportionality in national banking regulation, the allocation of prudential regulation and supervision between home and host country, and international financial law-making. The author questions decentralised/nation-based banking regulation and supervision as a foundation for a sustainable liberalisation of international trade in financial services. The book considers various reforms of the international financial architecture, such as the incorporation of the Basel processes and accords into the WTO system, and the setting up of new international institutions by building on the Basel Committees or the IMF structures. The role of central banking in designing the international financial architecture is also explored: the book reviews the ECB's competence over foreign exchange policy and its function as lender of last resort, and treats price stability, banking soundness and representation as critical concepts. The analysis also reveals that the concept of 'prudential', despite its extensive use in banking regulation, has not been defined with adequate precision. In seeking to delineate the interface between international economic law and banking regulation, Dr Panourgias builds on the rich European scholarship on institutional financial issues and the US interdisciplinary approach to world trade law. He also entertains the notion of international financial law as a distinct field. The book will be of particular interest to those concerned with financial law and international banking.
  harvard asbestos legal question: The Age of Expert Testimony National Research Council, Policy and Global Affairs, Science, Technology, and Law Panel, 2002-03-13 The federal courts are seeking ways to increase the ability of judges to deal with difficult issues of scientific expert testimony. The workshop explored the new environment judges, plaintiffs, defendants, and experts face in light of Daubert and Kumho, when presenting and evaluating scientific, engineering, and medical evidence.
  harvard asbestos legal question: Intentional Human Dosing Studies for EPA Regulatory Purposes National Research Council, Policy and Global Affairs, Science, Technology, and Law Program, Committee on the Use of Third Party Toxicity Research with Human Research Participants, 2004-06-04 The EPA commissioned The National Academies to provide advice on the vexing question of whether and, if so, under what circumstances EPA should accept and consider intentional human dosing studies conducted by companies or other sources outside the agency (so-called third parties) to gather evidence relating to the risks of a chemical or the conditions under which exposure to it could be judged safe. This report recommends that such studies be conducted and used for regulatory purposes only if all of several strict conditions are met, including the following: The study is necessary and scientifically valid, meaning that it addresses an important regulatory question that can't be answered with animal studies or nondosing human studies; The societal benefits of the study outweigh any anticipated risks to participants. At no time, even when benefits beyond improved regulation exist, can a human dosing study be justified that is anticipated to cause lasting harm to study participants; and All recognized ethical standards and procedures for protecting the interests of study participants are observed. In addition, EPA should establish a Human Studies Review Board (HSRB) to evaluate all human dosing studiesâ€both at the beginning and upon completion of the experimentsâ€if they are carried out with the intent of affecting the agency's policy-making.
  harvard asbestos legal question: Corporate Reputation Ronald J. Burke, Graeme Martin, 2016-05-13 Increasing media scrutiny, global coverage and communication via the internet means corporate reputation can be damaged quickly, and failing to successfully address challenges to corporate reputation has consequences. Companies generally suffer almost ten times the financial loss from damaged reputations than from whatever fines may be imposed. According to Ernst & Young, the investment community believes up to 50 per cent of a company's value is intangible - based mostly on corporate reputation. So recognizing potential threats, or anticipating risks, emerges as a critical organizational competence. Organizations can regain lost reputations, but recovery takes a long time. Corporate Reputation contains both academic content along with practical contributions, developed by those serving as consultants or working in organizations in the area of corporate reputation and its management or recovery. It covers: why corporate reputation matters, the increase in reputation loss, threats to corporate reputation, monitoring reputation threats online and offline, the key role of leadership in reputation recovery, and making corporate reputation immune from threats. Any book that is going to do justice to a subject that is so complex and intangible needs imagination, depth and range, and this is exactly what the contributors bring with them.
  harvard asbestos legal question: Proof of Causation in Tort Law Sandy Steel, 2015-09-11 A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
  harvard asbestos legal question: World Who Is Who and Does What in Environment and Conservation Nicholas Polunin, 2013-11-05 This text contains A-Z biographical listings of 1300 individuals worldwide, setting out their qualifications, affiliations, academic background, work experience, awards and distinctions, specialist interests and publications. Details are also given of their specialist expertise and language abilities, their availability for consultation, and full addresses and contact numbers. Fully cross-referenced indexes enable the user to find individuals by both country and specialist expertise.
  harvard asbestos legal question: Perspectives on Causation Richard Goldberg, 2011-10-21 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.
  harvard asbestos legal question: Reforming Civil Procedure Dominic De Saulles, 2019-05-16 Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against particular societal groups, and what ideas and behaviours impact upon it. The reform of civil procedure has been beset with difficulties. Some are caused by questions of culture and mind-sets resistant to the changes, some by a confusion and conflict of values, some by overambitious reform efforts, some by a failure to follow through on purpose clauses, and some by swinging from laxity to rigidity with insufficient analysis. This book makes a strong contribution to the field by synthesising the work of English writers with different views, extending the work in England on the role of philosophy, values, process and culture in litigation, and engaging extensively with American writers who have not previously been the subject of much attention in English civil procedural studies.
  harvard asbestos legal question: Multi-Party Litigation Wayne V. McIntosh, Cynthia L. Cates, 2010-01-01 Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.
  harvard asbestos legal question: Verdict Robert E. Litan, 2011-09-01 The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that w
  harvard asbestos legal question: Uncertain Causation in Tort Law Miquel Martín-Casals, Diego M. Papayannis, 2015-11-19 This discussion of causal uncertainty in tort liability shows the important normative, epistemological and procedural implications of the various proposed solutions, and will be of interest to legal scholars, legal philosophers and advanced tort law students.
  harvard asbestos legal question: The Rule of Lawyers Walter K. Olson, 2004-06-01 Big-ticket litigation is a way of life in this country. But something new is afoot--something typified by the $246 billion tobacco settlement, and by courtroom assaults that have followed against industries ranging from HMOs to gunmakers, from lead paint manufacturers to factory farms. Each massive class-action suit seeks to invent new law, to ban or tax or regulate something that elected lawmakers had chosen to leave alone. And each time the new process works as intended, the new litigation elite reaps billions in fees--which they invest in fresh rounds of suits, as well as political contributions. The Rule of Lawyers asks: Who picks these lawyers, and who can fire them? Who protects the public's interest when settlements are negotiated behind closed doors? Where are our elected lawmakers in all this? The answers may determine whether we slip from the rule of law to the rule of lawyers.
  harvard asbestos legal question: Prometheus Reimagined Albert C. Lin, 2023-11-29 Technologies such as synthetic biology, nanotechnology, artificial intelligence, and geoengineering promise to address many of our most serious problems, yet they also bring environmental and health-related risks and uncertainties. Moreover, they can come to dominate global production systems and markets with very little public input or awareness. Existing governance institutions and processes do not adequately address the risks of new technologies, nor do they give much consideration to the concerns of persons affected by them. Instead of treating technology, health, and the environment as discrete issues, Albert C. Lin argues that laws must acknowledge their fundamental relationship, anticipating both future technological developments and their potential adverse effects. Laws should encourage international cooperation and the development of common global standards, while allowing for flexibility and reassessment.
  harvard asbestos legal question: Leading Works in Legal Ethics Julian Webb, 2023-08-11 This volume reviews and takes stock of legal ethics, at a time when the legal profession globally is experiencing considerable change and challenges, through a re-evaluation of writings that are in some way foundational to the field. Legal ethics, understood here as the study of the ethics and professional regulation of lawyers, has emerged as a novel and important field of study over the last 50 years. It is also one that displays considerable diversity in its scholarship, with distinctive philosophical and interdisciplinary approaches emerging over the years to underpin and supplement the doctrinal ‘law on lawyering’. With contributions from leading and emerging scholars from the United States, Australia, Canada, the Netherlands, New Zealand and the United Kingdom, this collection offers not just critical insights into the authors’ chosen texts, but a thought-provoking commentary on the current state of legal ethics scholarship and its future directions. In addition to being an essential resource for scholars and students of legal ethics theory, it will also be of interest to academics and researchers in legal theory, the philosophy of law, and applied ethics.
  harvard asbestos legal question: Haunted Housing Cassandra Chrones Moore, 1997 Moore argues that we need to apply risk/benefit analysis to the exaggerated claims being made today.
  harvard asbestos legal question: Women and Health Research Institute of Medicine, Committee on Ethical and Legal Issues Relating to the Inclusion of Women in Clinical Studies, 1994-02-01 In the nineteenth century some scientists argued that women should not be educated because thinking would use energy needed by the uterus for reproduction. The proof? Educated women had a lower birth rate. Today's researchers can only shake their heads at such reasoning. Yet professional journals and the popular press are increasingly criticizing medical research for ignoring women's health issues. Women and Health Research examines the facts behind the public's perceptions about women participating as subjects in medical research. With the goal of increasing researchers' awareness of this important topic, the book explores issues related to maintaining justice (in its ethical sense) in clinical studies. Leading experts present general principles for the ethical conduct of research on womenâ€principles that are especially important in the light of recent changes in federal policy on the inclusion of women in clinical research. Women and Health Research documents the historical shift from a paternalistic approach by researchers toward women and a disproportionate reliance on certain groups for research to one that emphasizes proper access for women as subjects in clinical studies in order to ensure that women receive the benefits of research. The book addresses present-day challenges to equity in four areas: Scientificâ€Do practical aspects of scientific research work at cross-purposes to gender equity? Focusing on drug trials, the authors identify rationales for excluding people from research based on demographics. Social and Ethicalâ€The authors offer compelling discussions on subjectivity in science, the evidence for male bias, and issues related to race and ethnicity, as well as the recruitment, retention, and protection of research participants. Legalâ€Women and Health Research reviews federal research policies that affect the inclusion of women and evaluates the basis for researchers' fears about liability, citing court cases. Riskâ€The authors focus on risks to reproduction and offspring in clinical drug trials, exploring how risks can be identified for study participants, who should make the assessment of risk and benefit for participation in a clinical study, and how legal implications could be addressed. This landmark study will be of immediate use to the research community, policymakers, women's health advocates, attorneys, and individuals.
  harvard asbestos legal question: Product Liability John S. Allee, Theodore V. H. Mayer, Robb W. Patryk, 1984 This book analyzes the theory and practice of products liability litigation, whether the issue is drugs, food, chemicals, or any of the 100s of other products that may be the subject of litigation.
  harvard asbestos legal question: Princeton Alumni Weekly , 1927
  harvard asbestos legal question: The American Law Institute , 2023-05-02 The centennial of the American Law Institute is a landmark event. A lifespan of one hundred years is significant for a law reform project. Most such initiatives terminate when they achieve their limited goals, they fail, or members lose interest when their funding runs out. Instead, the American Law Institute is the preeminent legal reform organisation in the United States and remains an enterprise in full vigour, with an enormous number of projects completed and an impressive array of projects in forward motion. The American Law Institute: A Centennial History brings together an outstanding group of expert scholars, several of them current or former Reporters for the ALI Restatements of Law, to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States. The resulting collection of essays provides original and important perspectives on both the ALI and its relevance for American Law. This book offers a window into the course of legal thought over the past century and is a must-read for academics, practitioners, and all those interested in the way laws are shaped within the United States.
  harvard asbestos legal question: Asbestos Barry I. Castleman, Stephen L. Berger, 2005-01-01 Written by one of the leading asbestos experts for attorneys, occupational and environmental health professionals, and others in the field of toxic substances control, this updated resource provides a comprehensive examination of the public health history of asbestos. Includes extensive discussion of corporate knowledge and responsibility for asbestos hazards and detailed discussion of alternatives to asbestos.
  harvard asbestos legal question: The Class Action in Common Law Legal Systems Rachael Mulheron, 2004-11-15 Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
  harvard asbestos legal question: Administration of Large Business Bankruptcy Reorganizations United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law, 2004