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Articles 1 - 30 of 43

Full-Text Articles in Law

The Case For Integrated Pollution Control, Lakshman Guruswamy Oct 1991

The Case For Integrated Pollution Control, Lakshman Guruswamy

Law and Contemporary Problems

An integrated approach to pollution control (IPC) is advocated. The disadvantages of the EPA's current fragmented approach are examined, and the advantages and difficulties posed by implementing an integrated approach are discussed. The EPA can develop several practicable measures to overcome these difficulties.


The Role Of Economic Analysis In Shaping Environmental Policy, Arthur Fraas Oct 1991

The Role Of Economic Analysis In Shaping Environmental Policy, Arthur Fraas

Law and Contemporary Problems

The experience of the US in using economic analysis to develop environmental policy is examined. Regulatory actions needed to create environmental benefits often impose substantial costs--both direct costs and indirect effects on other social goals--so it is important to consider all the effects of proposed initiatives Before imposing regulations.


Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg Oct 1991

Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg

Law and Contemporary Problems

An examination by Lazarus (1991) of the adversarial effects of congressional oversight on the EPA is erroneous in its premise that congressional oversight is a powerful tool that can make or break the EPA and unduly influence the implementation of federal environmental policy. A review of the seven "disadvantages" of congressional oversight of the EPA cited by Lazarus is presented.


Foreword, Christopher H. Schroeder Oct 1991

Foreword, Christopher H. Schroeder

Law and Contemporary Problems

No abstract provided.


Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder Oct 1991

Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder

Law and Contemporary Problems

The relationship between the EPA and the federal courts during the first 20 years of the EPA is examined, with concentration on the Court of Appeals for the District of Columbia Circuit, which hears the majority of challenges to major EPA decisions.


The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity Oct 1991

The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity

Law and Contemporary Problems

The EPA's evolving internal decisionmaking structures as they relate to the agency's primary function of promulgating rules and regulations are examined. As an agency addressing complex scientific, economic and technological issues, the EPA must draw upon many different kinds of expertise and has developed a unique version of "bureaucratic pluralism" as manifested in the "team" model that dominates the EPA's institutional thought process.


The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus Oct 1991

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus

Law and Contemporary Problems

The relationship between the EPA and Congress Since the founding of the EPA in 1970 has been marked by congressional oversight that has seriously frustrated the development and implementation of federal environmental protection policy. A destructive cycle has emerged: agency distrust has led to the failure of its policies, creating further distrust and further failure.


Journal Staff Oct 1991

Journal Staff

Law and Contemporary Problems

No abstract provided.


Epa’S Organizational Structure, Alfred A. Marcus Oct 1991

Epa’S Organizational Structure, Alfred A. Marcus

Law and Contemporary Problems

The origins and early history of the EPA are reviewed. The US might have had better natural resource and environmental protection policies if some of the principles of comprehensive environmental management considered at EPA's founding had been followed.


Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival Oct 1991

Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival

Law and Contemporary Problems

The tension between the rule of law and the politics of regulation reflected in oversight by the Executive Office of the President of the EPA. The presidential use of regulatory review and the congressional responses it has provoked pose new challenges to theories of the impact of separation of powers on federal policymaking.


The Neglected Question Of Congressional Oversight Of Epa: Quis Custodiet Ipsos Custodees (Who Shall Watch The Watchers Themselves), Richard J. Lazarus Oct 1991

The Neglected Question Of Congressional Oversight Of Epa: Quis Custodiet Ipsos Custodees (Who Shall Watch The Watchers Themselves), Richard J. Lazarus

Law and Contemporary Problems

No abstract provided.


Editors’ Note Jul 1991

Editors’ Note

Law and Contemporary Problems

No abstract provided.


From “Cases” To “Litigation”, Judith Resnik Jul 1991

From “Cases” To “Litigation”, Judith Resnik

Law and Contemporary Problems

Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.


“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck Jul 1991

“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck

Law and Contemporary Problems

The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.


Aggregating Litigation, Ralph K. Winter Jul 1991

Aggregating Litigation, Ralph K. Winter

Law and Contemporary Problems

A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.


Foreword, George L. Priest, Judyth W. Pendell Jul 1991

Foreword, George L. Priest, Judyth W. Pendell

Law and Contemporary Problems

No abstract provided.


Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin Jul 1991

Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin

Law and Contemporary Problems

The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.


Medical Experts And The Ghost Of Galileo, Peter Huber Jul 1991

Medical Experts And The Ghost Of Galileo, Peter Huber

Law and Contemporary Problems

The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.


Comment On Peterson And Selvin, Lea Brilmayer Jul 1991

Comment On Peterson And Selvin, Lea Brilmayer

Law and Contemporary Problems

A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.


Journal Staff Jul 1991

Journal Staff

Law and Contemporary Problems

No abstract provided.


“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer Jul 1991

“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer

Law and Contemporary Problems

Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.


A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn Jul 1991

A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn

Law and Contemporary Problems

A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.


Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler Jul 1991

Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler

Law and Contemporary Problems

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.


The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii Jul 1991

The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii

Law and Contemporary Problems

Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.


Comment On Donohue, Danny Boggs Jul 1991

Comment On Donohue, Danny Boggs

Law and Contemporary Problems

A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.


Medical Malpractice Risk Management Early Warning Systems, Orley H. Lindgren, Ronald Christensen, Don Harper Mills Apr 1991

Medical Malpractice Risk Management Early Warning Systems, Orley H. Lindgren, Ronald Christensen, Don Harper Mills

Law and Contemporary Problems

The effectiveness of early warning systems that are based on incident of occurrence reports in improving medical malpractice claims processing and outcomes was studied. Results showed that malpractice claims established on the basis of early warning incident reports not only involve the full range of injury severity, but also identify claims warranting substantial indemnity payments.


Risk Factors For Hospital Malpractice Exposure: Implications For Managers And Insurers, Harold S. Luft, Patricia P. Katz, Douglas G. Pinney Apr 1991

Risk Factors For Hospital Malpractice Exposure: Implications For Managers And Insurers, Harold S. Luft, Patricia P. Katz, Douglas G. Pinney

Law and Contemporary Problems

The possibility of identifying certain variables that might serve as predictors of above- or below-average medical malpractice claims experience was explored. Results showed that it is possible to identify significant risk factors.


S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff Apr 1991

S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff

Law and Contemporary Problems

S. 1232, the "Medical Injury Compensation Fairness Act of 1991, is discussed. S. 1232 may be too innovative to be enacted in its present form, but there is immense potential for combining its encouragement of private reform of poorly designed, cost-increasing malpractice rights with other federal proposals that seek to make good-quality health care accessible to all Americans at reasonable cost.


Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst Apr 1991

Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst

Law and Contemporary Problems

The utility of medical practice guidelines in the law of medical malpractice was studied. Contrary to the views of most physicians and policy makers, practice guidelines should be allowed to evolve in a pluralistic fashion.


Legal Responses To Patient Injury: A Future Agenda For Research And Reform, Walter J. Wadlington Apr 1991

Legal Responses To Patient Injury: A Future Agenda For Research And Reform, Walter J. Wadlington

Law and Contemporary Problems

No abstract provided.