Historians as Expert Judicial Witnesses in Tobacco Litigation

Historians as Expert Judicial Witnesses in Tobacco Litigation
Author: Ramses Delafontaine
Publisher: Springer
Total Pages: 460
Release: 2015-04-23
Genre: Law
ISBN: 3319142925
GET BOOK

Download Historians as Expert Judicial Witnesses in Tobacco Litigation Book in PDF, Epub and Kindle

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 use of historical arguments in court and investigates how a legal context influences historical narratives and discourse in forensic history. Delafontaine asserts that the courtroom is a performative and fact-making theatre. Nonetheless, he argues that the civic responsibility of the historian should not end at the threshold of the courtroom where history and truth hang in the balance. The book is divided into three parts featuring an impressive range of European and American case studies. The first part provides a theoretical framework on the issues which arise when history and law interact. The second part gives a comparative overview of European and American examples of forensic history. This part also reviews U.S. legal rules and case law on expert evidence, as well as extralegal challenges historians face as experts. The third part covers a series of tobacco-related trials. With remunerations as high as hundreds of thousands of dollars and no peer-reviewed publications or communication on the part of the historians hired by the tobacco companies the question arises whether some historians are willing to trade their reputation and that of their university for the benefit of an interested party. The book further provides 50 expert profiles of the historians active in tobacco litigation, lists detailing the manner of the expert’s involvement, and West Law references to these cases. This book offers profound and thought-provoking insights on the post-war forensification of history from an interdisciplinary perspective. In this way, Delafontaine makes a stirring call for debate on the contemporary engagement of historians as expert judicial witnesses in U.S. tobacco litigation.

The Cigarette Century

The Cigarette Century
Author: Allan M. Brandt
Publisher: Basic Books
Total Pages: 644
Release: 2009-01-06
Genre: History
ISBN: 0786721901
GET BOOK

Download The Cigarette Century Book in PDF, Epub and Kindle

The invention of mass marketing led to cigarettes being emblazoned in advertising and film, deeply tied to modern notions of glamour and sex appeal. It is hard to find a photo of Humphrey Bogart or Lauren Bacall without a cigarette. No product has been so heavily promoted or has become so deeply entrenched in American consciousness. And no product has received such sustained scientific scrutiny. The development of new medical knowledge demonstrating the dire harms of smoking ultimately shaped the evolution of evidence-based medicine. In response, the tobacco industry engineered a campaign of scientific disinformation seeking to delay, disrupt, and suppress these studies. Using a massive archive of previously secret documents, historian Allan Brandt shows how the industry pioneered these campaigns, particularly using special interest lobbying and largesse to elude regulation. But even as the cultural dominance of the cigarette has waned and consumption has fallen dramatically in the U.S., Big Tobacco remains securely positioned to expand into new global markets. The implications for the future are vast: 100 million people died of smoking-related diseases in the 20th century; in the next 100 years, we expect 1 billion deaths worldwide.

Scottish Court Dismisses a Historic Smoker's Suit

Scottish Court Dismisses a Historic Smoker's Suit
Author: Lissy C. Friedman
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:
GET BOOK

Download Scottish Court Dismisses a Historic Smoker's Suit Book in PDF, Epub and Kindle

The decision in a Scottish smoker's case, McTear v. Imperial Tobacco Limited, that there was no scientific proof of causation between the plaintiff's smoking and his death from lung cancer, accepted all of the traditional arguments that the tobacco industry has made throughout the history of tobacco litigation, including that epidemiology is not an adequate branch of science to draw a conclusion of causation, that the tobacco industry has no knowledge that its products are dangerous to consumers, and that, despite this lack of knowledge, the plaintiff had sufficient information to make an informed decision about the dangers of smoking. This case relied on outmoded methods of reasoning and placed too great a faith in the tobacco industry's timeworn argument that "everybody knew, nobody knows". Further, the judge found it prejudicial that the plaintiff's expert witnesses were not paid for their services because she was indigent, believing that the lack of payment placed in doubt their credibility and claiming that the paid tobacco expert witnesses had more motive to testify independently because they had been paid, a perverse and novel line of reasoning. The McTear case contrasts unfavourably with the recent decision in United States v. Philip Morris, a United States decision that found the tobacco industry defendants to be racketeers, based both on the weight of a huge amount of internal tobacco industry documents showing that the tobacco industry knew their products were addictive and were made that way purposely to increase sales, and on the testimony of expert witnesses who, like those who testified in McTear, have made the advancement of the public health their life's work and are not "hired guns". The McTear case's reasoning seems outdated and reminiscent of early litigation in the United States. Hopefully, it will not take courts outside of the United States 40 more years to acknowledge the current scientific knowledge about smoking and health.

Professional Historians in Public

Professional Historians in Public
Author: Berber Bevernage
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 321
Release: 2023-07-24
Genre: History
ISBN: 3111186059
GET BOOK

Download Professional Historians in Public Book in PDF, Epub and Kindle

The past decades public interest in history is booming. This creates new opportunities but also challenges for professional historians. This book asks how historians deal with changing public demands for history and how these affect their professional practices, values and identities. The volume offers a great variety of detailed studies of cases where historians have applied their expertise outside the academic sphere. With contributions focusing on Latin America, Africa, Asia, the Pacific and Europe the book has a broad geographical scope. Subdivided in five sections, the book starts with a critical look back on some historians who broke with mainstream academic positions by combining their professional activities with an explicit political partisanship or social engagement. The second section focusses on the challenges historians are confronted with when entering the court room or more generally exposing their expertise to legal frameworks. The third section focuses on the effects of policy driven demands as well as direct political interventions and regulations on the historical profession. A fourth section looks at the challenges and opportunities related to the rise of new digital media. Finally several authors offer their view on normative standards that may help to better respond to new demands and to define role models for publicly engaged historians. This book aims at historians and other academics interested in public uses of history.

Golden Holocaust

Golden Holocaust
Author: Robert N. Proctor
Publisher: Univ of California Press
Total Pages: 779
Release: 2012-02-28
Genre: Medical
ISBN: 0520950437
GET BOOK

Download Golden Holocaust Book in PDF, Epub and Kindle

The cigarette is the deadliest artifact in the history of human civilization. It is also one of the most beguiling, thanks to more than a century of manipulation at the hands of tobacco industry chemists. In Golden Holocaust, Robert N. Proctor draws on reams of formerly-secret industry documents to explore how the cigarette came to be the most widely-used drug on the planet, with six trillion sticks sold per year. He paints a harrowing picture of tobacco manufacturers conspiring to block the recognition of tobacco-cancer hazards, even as they ensnare legions of scientists and politicians in a web of denial. Proctor tells heretofore untold stories of fraud and subterfuge, and he makes the strongest case to date for a simple yet ambitious remedy: a ban on the manufacture and sale of cigarettes.

Understanding the Age of Transitional Justice

Understanding the Age of Transitional Justice
Author: Nanci Adler
Publisher: Rutgers University Press
Total Pages: 301
Release: 2018-06-22
Genre: Law
ISBN: 0813597781
GET BOOK

Download Understanding the Age of Transitional Justice Book in PDF, Epub and Kindle

Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.

The Emergence of Historical Forensic Expertise

The Emergence of Historical Forensic Expertise
Author: Vladimir Petrović
Publisher: Routledge
Total Pages: 340
Release: 2016-10-26
Genre: History
ISBN: 1134996543
GET BOOK

Download The Emergence of Historical Forensic Expertise Book in PDF, Epub and Kindle

This book scrutinizes the emergence of historians participating as expert witnesses in historical forensic contribution in some of the most important national and international legal ventures of the last century. It aims to advance the debate from discussions on whether historians should testify or not toward nuanced understanding of the history of the practice and making the best out of its performance in the future.

Reducing the Health Consequences of Smoking

Reducing the Health Consequences of Smoking
Author: United States. Public Health Service. Office of the Surgeon General
Publisher:
Total Pages: 730
Release: 1989
Genre: Smoking
ISBN:
GET BOOK

Download Reducing the Health Consequences of Smoking Book in PDF, Epub and Kindle

The Palgrave Handbook of State-Sponsored History After 1945

The Palgrave Handbook of State-Sponsored History After 1945
Author: Berber Bevernage
Publisher: Springer
Total Pages: 868
Release: 2018-02-03
Genre: History
ISBN: 1349953067
GET BOOK

Download The Palgrave Handbook of State-Sponsored History After 1945 Book in PDF, Epub and Kindle

This handbook provides the first systematic integrated analysis of the role that states or state actors play in the construction of history and public memory after 1945. The book focuses on many different forms of state-sponsored history, including memory laws, monuments and memorials, state-archives, science policies, history in schools, truth commissions, historical expert commissions, the use of history in courts and tribunals etc. The handbook contributes to the study of history and public memory by combining elements of state-focused research in separate fields of study. By looking at the state’s memorialising capacities the book introduces an analytical perspective that is not often found in classical studies of the state. The handbook has a broad geographical focus and analyses cases from different regions around the world. The volume mainly tackles democratic contexts, although dictatorial regimes are not excluded.

Public History

Public History
Author: Thomas Cauvin
Publisher: Routledge
Total Pages: 275
Release: 2022-05-18
Genre: History
ISBN: 1000576442
GET BOOK

Download Public History Book in PDF, Epub and Kindle

The second edition of Public History: A Textbook of Practice offers an updated guide to the many opportunities and challenges that public history practitioners can encounter in the field. Historians can play a dynamic and essential role in contributing to public understanding of the past, and those who work in historic preservation, in museums and archives, in government agencies, as consultants, as oral historians, or who manage crowdsourcing projects need very specific skills. This book links theory and practice and provides students and practitioners with the tools to do public history in a wide range of settings. This new edition reflects how much the field of public history has changed in the past few years, with public history now being more established and international. New chapters have therefore been added on the definition, history, and international scope of public history, as well as on specific practices and theories such as historical fictions, digital public history, and shared authority. Split into four sections, this textbook provides approaches, methodologies, and tools for historians and other public history practitioners to play a bigger role in public debates and public productions of historical interpretations: Part I focuses on the past, present, and future of public history. Part II explores public history sources, and offers an overview of the creation, collection, management, and preservation of materials (archives, material culture, oral history, or historical sites). Part III deals with the different ways in which public history practitioners can produce historical narratives through different media (including texts, fictions, audio-visual productions, exhibitions, and performances). Part IV discusses the opportunities and challenges that public history practitioners encounter when working with different collaborators. Whether in public history methods courses or as a resource for practicing public historians, this book lays the groundwork for making meaningful connections between historical sources and popular audiences.