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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.
The piecemeal developments in product liability reform in Europe have their origins in the tragic association of phocomelia in children with thalidomide in 1962. In many ways these events have continued to generate pressure for reform of product liability, especially for the victims of drug-induced injury. This monograph attempts to address the major problems that typify claims for drug-induced injury, as well as highlighting the complex interrelationship between liability exposure and drug regulation. While medicinal products are subject to strict liability under the product liability directive, the claimant may have considerable difficulty in establishing that the relevant product is defective and that it caused the damage. It may also be necessary to overcome the development risk defence where this is pleaded. The monograph addresses these problems on a comparative jurisprudential basis, and seeks to determine whether medicinal products should be treated as a special case in the field of product liability. It examines the role of epidemiological evidence in assessing causation in product liability cases concerning medicinal products in the light of recent developments in the UK Supreme Court, the United States, Canada and France. In particular, it addresses the difficulties in reconciling the standards of proof in law and science, including the theory that causation can be proved on the balance of probabilities by reference to the doubling of risk of injury. An important case study compares and contrasts the approaches of the UK and the US to the measles, mumps, rubella Litigation. The book also examines the question as to whether compliance with regulatory standards should protect pharmaceutical manufacturers from product liability suits. It seeks to support a via media whereby the victims of drug induced injury can receive justice, while at the same time encouraging drug safety and innovation in drug development.
European law has been faced with increasingly complex issues emerging from rapid developments in pharmaceutical medicine and biotechnology. A team of distinguished European legal practitioners and academics reassess the impact of European law on health care and pharmaceutical law. The essays are grouped under four themes: free movement of goods and persons, competition and intellectual property; European drug regulation; biotechnology; and product liability and transnational health care litigation. This important study offers a valuable resource for the pharmaceutical and biotechnology industries, as well as legal academics and practitioners.
An insider's look at the changing balance of power on Wall Street The Battle for Wall Street follows the struggle for power between two giants: the sellers, traditional commercial and investments banks; and the buyers, upstart hedge funds, private equity firms and the like. The battle is about winning the hearts, minds, and yes, the wallets of global investors. This battle is still running its course, and with the insights of industry veteran Richard Goldberg, who has had a front row seat, readers will gain a detailed understanding as to what, exactly, is going on within this dynamic arena, specifically the forces behind the shift of power from the old sell side gatekeepers to the new buy side players. The book will play out in three acts: Act One will examine the instruments of change liquidity and financial technology along with their influence on the sell and buy sides. Act Two will look at the agents of change hedge funds, private equity, financial entrepreneurs, endowments, exchanges and sovereign wealth funds and their impact on the sell and buy sides. In Act Three, Goldberg will take out his crystal ball and walk through the strategic implications for the winners and losers in this battle, against the dramatic backdrop of the subprime mortgage crisis and the resulting shakeup of global firms like Bear Stearns. But Wall Street isn't simply about institutions or corporate battles. It s a landscape dominated by personalities. Goldberg's unique access to major players will bring this book to life with amazing anecdotes and stories about the financial generals who have left their mark in The Battle for Wall Street.
There have been many amazing heroes down through the ages. The achievements of American heroes like George Washington, Thomas Jefferson, and Abraham Lincoln certainly resonate, but how many heroes of Jewish heritage come to mind? Each of the eleven Jewish heroes presented in this volume, some famous and others less so, overcame tremendous challenges to achieve greatness, persevering through their faith in God and belief in freedom and human dignity. Queen Esther maintained her traditions in the house of Ahasuerus for nine years while also hiding her true origins, and then orchestrated the salvation of the Jewish Persians at great personal risk. When urgent funding was needed for the Continental Army in 1781, General George Washington turned to none other than a financial genius named Haym Salomon. Felix Zandman survived World War II as a teenager by living with three others in a pit for seventeen months, and then went on to graduate from the Sorbonne and found a company that was innovational in the world of electronics and communication. Our heroes many feats and great accomplishments, and their dedication to freedom and its ideals, are truly amazing, and their stories stand the test of time.
Causation and Risk in the Law of Torts provides a comparative account of the legal and scientific issues relating to proof of causation in cases of alleged drug-induced injury, principally in Europe and North America. This text seeks to assess whether, by using probabilistic approaches, the courts may more accurately determine the cause of adverse reactions contentiously associated with drugs. In four case studies (DES, Bondoctin, vaccine damage and "Gulf War Syndrome"), the deficiencies of orthodox approaches to causation are revealed. A sustained argument is presented in favor of applying greater weight to epidemiological statistics, as refined by the application of the Bayes' Theorem. A valuable feature of this book is the discussion of the role of expert witnesses, including an examination of how the author's proposals could be accommodated with the reformed civil process envisaged by the Woolf Report. Goldberg also examines the economic implications of these proposals. Causation and Risk in the Law of Torts is a timely contribution to the resolution of the legal problems in this complex area of tort law.
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