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Full-Text Articles in Law
Common Law Decision-Making, Constitutional Shadows, And The Value Of Consistency: The Jurisprudence Of William F. Batchelder, Lawrence Friedman
Common Law Decision-Making, Constitutional Shadows, And The Value Of Consistency: The Jurisprudence Of William F. Batchelder, Lawrence Friedman
The University of New Hampshire Law Review
[Excerpt] “This is an essay about common law decision-making, with an emphasis on the value of consistency as it relates to claims about the legitimacy of judicial lawmaking. The legitimacy of judicial lawmaking is ever an issue, particularly, of course, in the cases at the margins—those instances in which precedent points the court in no obviously correct direction, a choice must be made between plausible alternative paths, and “a decision one way or the other,” as Benjamin Cardozo observed, “will count for the future, will advance or retard, sometimes much, sometimes little, the development of the law.””
The Precautionary Principle In Australia: Policy, Law & Potential Precautionary Eias, Warwick Gullett
The Precautionary Principle In Australia: Policy, Law & Potential Precautionary Eias, Warwick Gullett
RISK: Health, Safety & Environment (1990-2002)
Dr. Gullet argues that environmental impact assessments are a logical vehicle for factoring the precautionary principle into large-project-approval processes.
Review Of: Dorothy J. Howell, Scientific Literacy And Environmental Policy- The Missing Prerequisite For Sound Decision Making (Quorum Books 1992), Diane M. Albert
Review Of: Dorothy J. Howell, Scientific Literacy And Environmental Policy- The Missing Prerequisite For Sound Decision Making (Quorum Books 1992), Diane M. Albert
RISK: Health, Safety & Environment (1990-2002)
Review of: Dorothy J. Howell, Scientific Literacy and Environmental Policy- The Missing Prerequisite for Sound Decision Making (Quorum Books 1992). Acknowledgements, bibliography, epilogue, index, introduction. LC 91- 36028; ISBN 0-89930-616-0. [181 pp. Cloth $45.00. One Madison Ave., New York, NY 10010.1
Review Of: Organizations, Uncertainties, And Risk (James F. Short, Jr. & Lee Clarke Eds.), Mehdi Sheikerz
Review Of: Organizations, Uncertainties, And Risk (James F. Short, Jr. & Lee Clarke Eds.), Mehdi Sheikerz
RISK: Health, Safety & Environment (1990-2002)
Review of: Organizations, Uncertainties, and Risk (James F. Short, Jr. & Lee Clarke eds., Westview Press 1992) Acknowledgements, contributor biographies, author and subject indices, foreword, references. ISBN: 0-8133-8562-8. [383 pp. Cloth $52.50. 500 Central Ave., Boulder CO 80301-2847.]
Procedural Choices In Regulatory Science, Sheila Jasanoff
Procedural Choices In Regulatory Science, Sheila Jasanoff
RISK: Health, Safety & Environment (1990-2002)
This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.
Consensus Development At Nih: What Went Wrong, Itzhak Jacoby
Consensus Development At Nih: What Went Wrong, Itzhak Jacoby
RISK: Health, Safety & Environment (1990-2002)
A close observer identifies the Science Court concept as inspiring consensus development conferences at the National Institutes of Health and describes the extent to which they have followed the model. Professor Jacoby also argues that, if the model were more closely followed, conference objectives would be better realized.
Doctors At Risk: A Problem As Viewed By Decision Analysis, Leonard P. Caccamo, Kimbroe J. Carter, Barbara A. Erickson, William R. Johnson, Edward Kessler
Doctors At Risk: A Problem As Viewed By Decision Analysis, Leonard P. Caccamo, Kimbroe J. Carter, Barbara A. Erickson, William R. Johnson, Edward Kessler
RISK: Health, Safety & Environment (1990-2002)
The authors closely analyze a case in which a Peer Review Organization cited a physician for treatment with potential for significant adverse effect. They also critique the regulatory scheme under which peer review occurs and conclude that such regulation interferes with physicians' primary obligations, fails to encourage cost-effective behavior and may decrease the quality of medical care.
Public Participation In Risk Regulation, Thomas O. Mcgarity
Public Participation In Risk Regulation, Thomas O. Mcgarity
RISK: Health, Safety & Environment (1990-2002)
After discussing the increasing recognition of different kinds of claims for public participation in Risk regulation, this paper discusses a spectrum of approaches and examines six points along its range.