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Full-Text Articles in Science and Technology Law
Trust The Science But Do Your Research: A Comment On The Unfortunate Revival Of The Progressive Case For The Administrative State, Mark Tushnet
Indiana Law Journal
This Article offers a critique of one Progressive argument for the administrative state, that it would base policies on what disinterested scientific inquiries showed would best advance the public good and flexibly respond to rapidly changing technological, economic, and social conditions. The critique draws on recent scholarship in the field of Science and Technology Studies, which argues that what counts as a scientific fact is the product of complex social, political, and other processes. The critique is deployed in an analysis of the responses of the U.S. Centers for Disease Control and Food and Drug Administration to some important aspects …
Scientific Avoidance: Toward More Principled Judicial Review Of Legislative Science, Emily H. Meazell
Scientific Avoidance: Toward More Principled Judicial Review Of Legislative Science, Emily H. Meazell
Indiana Law Journal
Courts increasingly confront legislative enactments made in light of scientific uncertainty. Even so, the degree of deference appropriate to this type of judicial review is a moving target, seemingly determined on an ad hoc, unprincipled basis. On one hand, the decision of how to legislate in light of scientific uncertainty is quintessentially one of policy, suggesting that the highest degree of deference is appropriate. But certain classes of cases, and certain types of scientific questions, seem singularly inappropriate for extreme judicial deference. While significant scholarly attention has focused on the comparative institutional competence of courts and legislatures with respect to …
Science, Globalization, And Educational Governance: The Political Rationalities Of The New Managerialism, Kathleen D. Hall
Science, Globalization, And Educational Governance: The Political Rationalities Of The New Managerialism, Kathleen D. Hall
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Neither Science Nor Shamans: Globalization Of Markets And Health In The Developing World, David Fidler
Neither Science Nor Shamans: Globalization Of Markets And Health In The Developing World, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
Law As A Science, George W. Goble
Law As A Science, George W. Goble
Indiana Law Journal
Reprinted from The Scientific Monthly, with the permission of that periodical.