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Taxing civil court awards

Article Abstract:

More judges and courtrooms are needed to handle the flow of civil litigation, but there is little prospect that the necessary resources will be allocated under the current system. With the average tort case resulting in a $25,000-$30,000 award and a cost to the community of $550, it seems plausible that a small tax assessed on award amounts could be used for court finance. Also, if communities were made aware of the economic benefits of civil litigation, they might allocate more resources to the courts.

Taxation, Finance, Reports, Prevention, Damages, Damages (Law), Court congestion and delay, Court delay, Institute for Civil Justice, Court administration

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Scientific law of unintended consequences

Article Abstract:

The 1993 Supreme Court decision of Daubert v. Merrell Dow Pharmaceuticals established principles for the admission of expert scientific evidence. These included the derivation of the opinion evidence from litigation, its publication or, if published, its peer review, and whether there is an objective source who can attest to the acceptability of the methods used by at least a recognized minority of the scientific community.

United States, Drugs, Product liability, Products liability

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Peer panels can stomp out truth

Article Abstract:

The Bush Administration Council on Competitiveness' attempt to limit expert evidence to widely accepted theories and to change Federal Rule of Evidence 702 accordingly was misguided. Scientific history shows that the scientific establishment has traditionally rejected new theories when they first came out, and that many of these theories later became established scientific doctrine.

Peer review

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