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Full-Text Articles in Law

On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity Oct 2003

On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity

Law and Contemporary Problems

Lawyers for companies subject to federal health, safety and environmental regulation hope that stringent substantive judicial review will relieve their clients of the burdens of much regulation without the need for troublesome legislative battles they seem unable to win. McGarity argues that assigning a Daubert-like (Daubert v. Merrell Dow Pharmaceuticals Inc) gatekeeper role to courts engaged in judicial review of agency risk assessments is a profoundly bad idea.


Whose Precaution After All? A Comment On The Comparison And Evolution Of Risk Regulatory Systems, Jonathan B. Wiener Jul 2003

Whose Precaution After All? A Comment On The Comparison And Evolution Of Risk Regulatory Systems, Jonathan B. Wiener

Duke Journal of Comparative & International Law

No abstract provided.