Historians as expert judicial witnesses in tobacco litigation a controversial legal practice /
"Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This book focuses on tobacco litigation in the U.S. wherein 50 historians have witnessed in 314 court cases from 1986 to 2014. The author examines the...
| Main Author: | Delafontaine, Ramses, |
|---|---|
| Other Authors: | SpringerLink (Online service) |
| Format: | eBook |
| Language: | English |
| Published: |
Cham :
Springer,
[2015]
|
| Physical Description: |
1 online resource (xxv, 453 pages) : illustrations. |
| Series: |
Studies in the history of law and justice ;
v. 4. |
| Subjects: |
Table of Contents:
- 1.
- General Introduction
- Part I.
- HISTORY AND LAW
- 2.
- Introductory Theoretical Remarks on the Alleged Problematic Nature of the Interaction of History and Law
- 3.
- Clio's Modern Paradox Unraveled
- 3.1.
- Theoretical Historical Developments.
- Part II.
- HISTORIANS AS EXPERT WITNESSES
- 4.
- Introduction Part II
- 5.
- Modern Interactions of Law and History
- 5.1.
- The Dreyfus Affair: Paleography
- 5.2.
- The Nuremberg and Tokyo Tribunals: The Birth of International Tribunals
- 5.3.
- The Amicus Curiae Brief: The Webster Case
- 6.
- The Globalization of the Historian as an Expert Witness
- 6.1.
- The Second Wave: Post-Holocaust and Post-World War II Litigation
- 6.2.
- A Third Wave: Irving v. Lipstadt: Holocaust Denial in Court
- 7.
- Litigation-Driven History
- 7.1.
- Expert Witnessing Through the Ages
- 7.2.
- An Introduction to Historians as Expert Witnesses in American Courts
- 7.3.
- A Guide to the Practice of Expert Witnessing by Historians
- 7.4.
- Preliminary Conclusions on the Historian as an Expert Witness in American Courts
- 8.
- A Reassessment of Wijffels' Concept of Forensic History.
- Part III.
- TOBACCO WARS
- 9.
- Introduction Part III
- 10.
- A History of Tobacco
- 10.1.
- The Early History of the Nicotiana Tabacum
- 10.2.
- The Shift to Cigarettes
- 10.3.
- The Rise of a Deadly Product
- 11.
- Tobacco and Health: Towards a Contemporary Perspective
- 11.1.
- The Discovery of Tobacco Health Hazards
- 11.2.
- The Reports of the Surgeon General
- 12.
- The Tobacco Industry and Its Tactics
- 12.1.
- The Tobacco Controversy: A Careful Construction
- 13.
- Tobacco Litigation
- 13.1.
- The First Wave: Cipollone v. Liggett Group
- 13.2.
- The Second Wave: Government v. The Tobacco Industry
- 13.3.
- The Third Wave: Engle Progeny Cases
- 13.4.
- Tobacco Tactics in Court: Legal Game Theory
- 14.
- United States v. Philip Morris et al.
- 14.1.
- Brandt's Experience
- 14.2.
- Expert Historians Take the Stand
- 14.3.
- The Final Judgment by Judge Kessler
- 14.4.
- Confronting Ethics with De Baets
- 15.
- Debates: Reflections in Academic and National Media
- 15.1.
- Proctor in Nature
- 15.2.
- Laura Maggi in The American Prospect
- 15.3.
- Patricia Cohen in The New York Times
- 15.4.
- David Rothman in the Bulletin of the History of Medicine
- 15.5.
- Proctor in The Lancet
- 15.6.
- The Tobacco Companies v. Robert Proctor
- 15.7.
- Polemic Debates
- 16.
- Historians in Tobacco Litigation, a Conclusion
- 16.1.
- The Framework Convention on Tobacco Control
- 16.2.
- Litigation as a Solution
- 16.3.
- The Role of Historians in Tobacco Litigation
- 17.
- Final Conclusion on the Involvement of Historians in Tobacco Litigation
- 18.
- Final Conclusion
- Five General Principles on Forensic History.
- Appendices
- Appendix I.
- Expert Witness Profiles
- Appendix II.
- Historians Who Have Testified as an Expert Witness in Tobacco Litigation
- Appendix III.
- Timetable Involvement Historians as Expert Witnesses in Tobacco Cases
- Appendix IV.
- A Code of Ethics for Historians /
- by Antoon De Baets.