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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 Jan 2023

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 Jan 2009

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 Jan 2005

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 Jan 2005

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 Oct 1999

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 Feb 1934

Law As A Science, George W. Goble

Indiana Law Journal

Reprinted from The Scientific Monthly, with the permission of that periodical.