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Duke Law

Journal

2003

Research

Articles 1 - 2 of 2

Full-Text Articles in Law

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.


“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer Oct 2003

“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer

Law and Contemporary Problems

In Daubert v. Merrell Dow Pharmaceuticals Inc, the US Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert provides a suitable framework for reviewing the quality of agency science and the soundness of agency decisions consistent with the standards established for review of agency rulemakings under the Administrative Procedure Act.