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Full-Text Articles in Law
On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity
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
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.
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Faculty Scholarship
Is death a harm? Is the risk of death a harm? These questions lie at the foundations of risk regulation. Agencies that regulate threats to human life, such as the EPA, OSHA, the FDA, the CPSC, or NHTSA, invariably assume that premature death is a first-party harm - a welfare setback to the person who dies - and often assume that being at risk of death is a distinct and additional first-party harm. If these assumptions are untrue, the myriad statutes and regulations that govern risky activities should be radically overhauled, since the third-party benefits of preventing premature death and …