Tort Law

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ABA SEER TSCA Preemption of Private Rights of Action Under TSCA and TSCA Legislation Briefing Paper (with Charles L. Franklin, Lynn Bergeson, Lawrence E. Culleen, Mark N. Duvall, Maureen F. Gorsen, Eric P. Gotting, Martha E. Marrapese, Joanne Thelmo, Kirk Tracy, and Jim Wedeking), Toxic Substances Control Act (TSCA) Reform White Papers (2014)

In reviewing the statute, regulations, guidance and case law utilized in implementing the Toxic Substances...

 

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Navigating between Scylla and Charybdis: Preemption of Medical Device “Parallel Claims”, Journal of Health & Biomedical Law (2013)

The scope of federal preemption of state common law medical device claims has been vigorously...

 

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Implied Preemption of Medical Device ‘Parallel Claims’, Product Safety & Liability Reporter (2012)

Although the scope of federal preemption of state common law medical device claims has been...

 

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Toward a Neuroscience Model of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine (with Eric J. Laury), Columbia Science and Technology Law Review (2012)

The “neuroscience revolution” has now gained the attention of legal thinkers and is poised to...

 

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Proposed Disease Cluster Legislation: What’s Nanotechnology Got to Do With It?, The Forum (Widener Law Health Law Institute) (2011)
 

Scientific Evidence

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Toward a Neuroscience Model of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine (with Eric J. Laury), Columbia Science and Technology Law Review (2012)

The “neuroscience revolution” has now gained the attention of legal thinkers and is poised to...

 
Daubert and Its Progeny: Expert Scientific Evidence in Massachusetts Personal Injury Cases, Journal of the Massachusetts Academy of Trial Attorneys (2005)
 

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Toxic Torts, Causation, and Scientific Evidence After Daubert, University of Pittsburgh Law Review (1994)
 

Workers Compensation

Toxic Exposures and Workers Compensation, Journal of Workers Compensation (2004)
 

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Toxic Reproductive and Genetic Hazards in the Workplace: Challenging the Myths of the Tort and Workers' Compensation Systems, Fordham Law Review (1993)

This article discusses how various scientific studies suggest a causal connection between workers' reproductive and...

 

Reproductive Technologies

Medical Malpractice

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Medical Malpractice Screening Panels: An Update and Assessment, Journal of Health & Life Sciences Law (2013)
 

Evidence

Nanotechnology

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Nanotechnology and the Environment: What's Next?, Natural Resources & Environment (2012)
 

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Proposed Disease Cluster Legislation: What’s Nanotechnology Got to Do With It?, The Forum (Widener Law Health Law Institute) (2011)