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Historians as Expert Judicial Witnesses in Tobacco Litigation

Author: Ramses Delafontaine

Publisher: Springer

Published: 2015-04-23

Total Pages: 460

ISBN-13: 3319142925

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

Author: Allan Brandt

Publisher: Basic Books

Published: 2009-01-06

Total Pages: 640

ISBN-13: 0786721901

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From agriculture to big business, from medicine to politics, The Cigarette Century is the definitive account of how smoking came to be so deeply implicated in our culture, science, policy, and law. No product has been so heavily promoted or has become so deeply entrenched in American consciousness. The Cigarette Century shows in striking detail how one ephemeral (and largely useless) product came to play such a dominant role in so many aspects of our lives—and deaths.

Golden Holocaust

Author: Robert N. Proctor

Publisher: Univ of California Press

Published: 2012-02-28

Total Pages: 779

ISBN-13: 0520950437

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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.

Expert Witnessing and Scientific Testimony

Author: Kenneth S. Cohen

Publisher: CRC Press

Published: 2007-07-23

Total Pages: 274

ISBN-13: 1420055046

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Simply put, the primary role of the expert witness is to make clear and simple a complex technical or scientific issue. In practice, there are negative and positive aspects that must be considered before committing to the role. In a major case suing for big dollar amounts witnesses can expect to have their life history spread out like a roadmap for

Professional Historians in Public

Author: Berber Bevernage

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2023-07-24

Total Pages: 321

ISBN-13: 3111186059

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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.

Understanding the Age of Transitional Justice

Author: Nanci Adler

Publisher: Rutgers University Press

Published: 2018-06-22

Total Pages: 329

ISBN-13: 0813597781

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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

Author: Vladimir Petrović

Publisher: Routledge

Published: 2016-10-26

Total Pages: 340

ISBN-13: 1134996543

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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.

Reference Manual on Scientific Evidence

Author:

Publisher:

Published: 1994

Total Pages: 652

ISBN-13:

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Strengthening Forensic Science in the United States

Author: National Research Council

Publisher: National Academies Press

Published: 2009-07-29

Total Pages: 348

ISBN-13: 0309142393

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Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

The Palgrave Handbook of State-Sponsored History After 1945

Author: Berber Bevernage

Publisher: Springer

Published: 2018-02-03

Total Pages: 877

ISBN-13: 1349953067

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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.