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Duke Law

Law and Contemporary Problems

2003

Evaluation

Articles 1 - 5 of 5

Full-Text Articles in Law

Law And Engineering: In Search Of The Law-Science Problem, Jerry L. Mashaw Oct 2003

Law And Engineering: In Search Of The Law-Science Problem, Jerry L. Mashaw

Law and Contemporary Problems

Lawyers and scientists both have the intellectual conceit that a well-defined problem is not only a necessary, but almost a sufficient, condition for a successful solution. Mashaw examines the applied science of engineering in the context of health and safety regulation, focusing on the law-science interface at the NHTSA.


The “Bad Science” Fiction: Reclaiming The Debate Over The Role Of Science In Public Health And Environmental Regulation, Wendy E. Wagner Oct 2003

The “Bad Science” Fiction: Reclaiming The Debate Over The Role Of Science In Public Health And Environmental Regulation, Wendy E. Wagner

Law and Contemporary Problems

Wagner argues that the good-science reforms miss the mark and have the potential to cause significant damage to already crippled administrative processes. Background information is presented relating to the sources of dissatisfaction with regulatory science and how the three most popular reforms purport to address these concerns.


Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein Oct 2003

Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein

Law and Contemporary Problems

The White House Office of Management and Budget (OMB) is putting the final touches on a system designed to account for the science used by federal agencies in their administrative missions. There are reasons for concern that OMB's new programs could be used to skew the system by which regulatory science is generated in the first place.


Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence Jul 2003

Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence

Law and Contemporary Problems

No abstract provided.


The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris Jul 2003

The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris

Law and Contemporary Problems

Criminologists have long debated the presence of racial disparity at various places in the criminal justice system, from initial on-the-street encounters between citizens and police officers to the sentencing behavior of judges. What is new is the use of statistics designed to persuade the public, and not just other academics and researchers, that grave racial disparities exist in the system, and that these disparities necessitate significant policy changes.