This seminar examines the concerns arising from exposure to toxic substances from a variety of perspectives. A principal focus is tort liability, and a central theme in the course is whether tort law is an effective method of compensating victims of toxic exposure and controlling the distribution and/or emission of toxic substances. In order to assess the efficacy of tort, the class compares the liability system with alternatives such as restructured "public law" litigation, administrative compensation schemes, and regulatory control strategies.
The course focuses on a number of specific present concerns, including tobacco, asbestos, breast implants, diet pills, and toxic waste dump exposure. In each instance, the class looks at the nature of the public health problem as well as ensuing tort litigation and regulatory activity. It then looks at broader, cross-cutting institutional reform proposals that have received recent attention.