Historians as Expert Judicial Witnesses in Tobacco Litigation : A Controversial Legal Practice
Ramses. Delafontaine
Bok Engelsk 2015 · Electronic books.
| Annen tittel | |
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| Utgitt | Cham. : Springer , cop. 2015
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| Omfang | 1 online resource (460 p.)
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| Opplysninger | Description based upon print version of record.. - Foreword by Alain Wijffels; Historical Evidence in Court: A Challenge for Lawyers and Historians; Preface; Acknowledgments; Abstract; Contents; List of Tables; 1 General Introduction; Bibliography; Part I History and Law; 2 Introductory Theoretical Remarks on the Alleged Problematic Nature of the Interaction of History and Law; Bibliography; 3 Clio's Modern Paradox Unraveled; 3.1 Theoretical Historical Developments; 3.1.1 The Ghost of von Ranke; 3.1.2 The Professionalization of History & Science as the New Intellectual Gold Standard; 3.1.3 The Three-Headed Annales & Postmodern Headaches. - 11.1 The Discovery of Tobacco Health Hazards. - 3.1.4 Descending the Ivory Tower3.1.5 Conclusions on Clio's Modern Paradox; Bibliography; Part II Historians as Expert Witnesses; 4 Introduction Part II; Bibliography; 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; Bibliography; 6 The Globalization of the Historian as an Expert Witness; 6.1 The Second Wave: Post-Holocaust and Post-World War II Litigation; 6.1.1 Eichmann in Jerusalem. - 6.1.2 The Frankfurt-Auschwitz Trials and the Ludwigsburg Paradigm6.1.3 Dealing with a Troublesome Past: Vichy in Court; 6.1.4 Conclusions on the Post-War Judgment of History in Court; 6.2 A Third Wave: Irving v. Lipstadt: Holocaust Denial in Court; Bibliography; 7 Litigation-Driven History; 7.1 Expert Witnessing Through the Ages; 7.2 An Introduction to Historians as Expert Witnesses in American Courts; 7.2.1 Brown v. Board of Education; 7.2.2 Equal Employment Opportunity Commission v. Sears, Roebuck and Co.; 7.2.3 Toxic Tort Litigation: Lead Paint Toxic Tort Litigation. - 7.3 A Guide to the Practice of Expert Witnessing by Historians7.3.1 Consulting; 7.3.2 Recruitment of the Expert Witness; 7.3.3 Preparing the Witness Report; 7.3.4 The Collaboration with Lawyers; 7.3.5 Witnessing; 7.3.5.1 The Deposition; 7.3.5.2 Trial Testimony: Direct Examination, Cross-Examination, and Redirect Examination; 7.3.6 Rules of Expert Witnessing: From Frye to Daubert; 7.3.6.1 The Expert Witness; 7.3.6.2 The Frye Standard; 7.3.6.3 The Daubert Standard: Popper & the Judge as Gatekeeper; 7.4 Preliminary Conclusions on the Historian as an Expert Witness in American Courts. - Bibliography8 A Reassessment of Wijffels' Concept of Forensic History; Bibliography; Part III Tobacco Wars; 9 Introduction Part III; Bibliography; 10 A History of Tobacco; 10.1 The Early History of the Nicotiana Tabacum; 10.2 The Shift to Cigarettes; 10.2.1 The Invention of Flue-Curing; 10.2.2 Matches; 10.2.3 Mechanization of Cigarette Manufacturing; 10.2.4 The Oligopolistic Structure of the Tobacco Industry; 10.2.5 World War I; 10.2.6 Taxation; 10.2.7 Mass-Marketing Techniques; 10.3 The Rise of a Deadly Product; Bibliography; 11 Tobacco and Health: Towards a Contemporary Perspective. - 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
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| ISBN | 9783319142913
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