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Articles 1 - 30 of 43
Full-Text Articles in Law
The Case For Integrated Pollution Control, Lakshman Guruswamy
The Case For Integrated Pollution Control, Lakshman Guruswamy
Law and Contemporary Problems
An integrated approach to pollution control (IPC) is advocated. The disadvantages of the EPA's current fragmented approach are examined, and the advantages and difficulties posed by implementing an integrated approach are discussed. The EPA can develop several practicable measures to overcome these difficulties.
The Role Of Economic Analysis In Shaping Environmental Policy, Arthur Fraas
The Role Of Economic Analysis In Shaping Environmental Policy, Arthur Fraas
Law and Contemporary Problems
The experience of the US in using economic analysis to develop environmental policy is examined. Regulatory actions needed to create environmental benefits often impose substantial costs--both direct costs and indirect effects on other social goals--so it is important to consider all the effects of proposed initiatives Before imposing regulations.
Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg
Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg
Law and Contemporary Problems
An examination by Lazarus (1991) of the adversarial effects of congressional oversight on the EPA is erroneous in its premise that congressional oversight is a powerful tool that can make or break the EPA and unduly influence the implementation of federal environmental policy. A review of the seven "disadvantages" of congressional oversight of the EPA cited by Lazarus is presented.
Epa’S Organizational Structure, Alfred A. Marcus
Epa’S Organizational Structure, Alfred A. Marcus
Law and Contemporary Problems
The origins and early history of the EPA are reviewed. The US might have had better natural resource and environmental protection policies if some of the principles of comprehensive environmental management considered at EPA's founding had been followed.
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Law and Contemporary Problems
The tension between the rule of law and the politics of regulation reflected in oversight by the Executive Office of the President of the EPA. The presidential use of regulatory review and the congressional responses it has provoked pose new challenges to theories of the impact of separation of powers on federal policymaking.
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity
Law and Contemporary Problems
The EPA's evolving internal decisionmaking structures as they relate to the agency's primary function of promulgating rules and regulations are examined. As an agency addressing complex scientific, economic and technological issues, the EPA must draw upon many different kinds of expertise and has developed a unique version of "bureaucratic pluralism" as manifested in the "team" model that dominates the EPA's institutional thought process.
The Neglected Question Of Congressional Oversight Of Epa: Quis Custodiet Ipsos Custodees (Who Shall Watch The Watchers Themselves), Richard J. Lazarus
The Neglected Question Of Congressional Oversight Of Epa: Quis Custodiet Ipsos Custodees (Who Shall Watch The Watchers Themselves), Richard J. Lazarus
Law and Contemporary Problems
No abstract provided.
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus
Law and Contemporary Problems
The relationship between the EPA and Congress Since the founding of the EPA in 1970 has been marked by congressional oversight that has seriously frustrated the development and implementation of federal environmental protection policy. A destructive cycle has emerged: agency distrust has led to the failure of its policies, creating further distrust and further failure.
Foreword, Christopher H. Schroeder
Foreword, Christopher H. Schroeder
Law and Contemporary Problems
No abstract provided.
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder
Law and Contemporary Problems
The relationship between the EPA and the federal courts during the first 20 years of the EPA is examined, with concentration on the Court of Appeals for the District of Columbia Circuit, which hears the majority of challenges to major EPA decisions.
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn
Law and Contemporary Problems
A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.
The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii
The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii
Law and Contemporary Problems
Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin
Law and Contemporary Problems
The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer
Law and Contemporary Problems
Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.
Comment On Peterson And Selvin, Lea Brilmayer
Comment On Peterson And Selvin, Lea Brilmayer
Law and Contemporary Problems
A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.
Foreword, George L. Priest, Judyth W. Pendell
Foreword, George L. Priest, Judyth W. Pendell
Law and Contemporary Problems
No abstract provided.
From “Cases” To “Litigation”, Judith Resnik
From “Cases” To “Litigation”, Judith Resnik
Law and Contemporary Problems
Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Law and Contemporary Problems
It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.
Comment On Donohue, Danny Boggs
Comment On Donohue, Danny Boggs
Law and Contemporary Problems
A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
Law and Contemporary Problems
The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.
Medical Experts And The Ghost Of Galileo, Peter Huber
Medical Experts And The Ghost Of Galileo, Peter Huber
Law and Contemporary Problems
The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.
Aggregating Litigation, Ralph K. Winter
Aggregating Litigation, Ralph K. Winter
Law and Contemporary Problems
A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.
Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst
Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst
Law and Contemporary Problems
The utility of medical practice guidelines in the law of medical malpractice was studied. Contrary to the views of most physicians and policy makers, practice guidelines should be allowed to evolve in a pluralistic fashion.
S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff
S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff
Law and Contemporary Problems
S. 1232, the "Medical Injury Compensation Fairness Act of 1991, is discussed. S. 1232 may be too innovative to be enacted in its present form, but there is immense potential for combining its encouragement of private reform of poorly designed, cost-increasing malpractice rights with other federal proposals that seek to make good-quality health care accessible to all Americans at reasonable cost.
Legal Responses To Patient Injury: A Future Agenda For Research And Reform, Walter J. Wadlington
Legal Responses To Patient Injury: A Future Agenda For Research And Reform, Walter J. Wadlington
Law and Contemporary Problems
No abstract provided.
Rethinking Responsibility For Patient Injury: Accelerated-Compensation Events, A Malpractice And Quality Reform Ripe For A Test, Laurence R. Tancredi, Randall R. Bovbjerg
Rethinking Responsibility For Patient Injury: Accelerated-Compensation Events, A Malpractice And Quality Reform Ripe For A Test, Laurence R. Tancredi, Randall R. Bovbjerg
Law and Contemporary Problems
The accelerated-compensation events (ACE) approach in medical malpractice reform was studied. Reforms based on ACE best address the twin goals of making compensation more equitable and avoiding bad outcomes in medical care.
Do Hospital Risk Management Programs Make A Difference?: Relationships Between Risk Management Program Activities And Hospital Malpractice Claims Experience, Laura L. Morlock, Faye E. Malitz
Do Hospital Risk Management Programs Make A Difference?: Relationships Between Risk Management Program Activities And Hospital Malpractice Claims Experience, Laura L. Morlock, Faye E. Malitz
Law and Contemporary Problems
No abstract provided.