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Full-Text Articles in Law
No Mud Pies: Risk Avoidance As Risk Regulation, Catherine O’Neill
No Mud Pies: Risk Avoidance As Risk Regulation, Catherine O’Neill
Faculty Articles
Regulation in the environmental context has, until recently, been guided by risk reduction - strategies that require risk-producers to prevent, limit, or clean up contaminants. However, it has increasingly come to rely on "risk avoidance" - strategies that call upon risk-bearers to alter their practices and ways of living so as to avoid exposure to contaminants left unabated. For example, women and children might be asked to eliminate fish from their diets to avoid the risks of methylmercury contamination; asthmatics might be advised to refrain from going outside on "ozone alert" days to avoid the risks of ground-level ozone pollution; …
Fishery Conservation And Management Act Reauthorization: “A” For Effort, “C” For Substance, Madeline Kass
Fishery Conservation And Management Act Reauthorization: “A” For Effort, “C” For Substance, Madeline Kass
Faculty Articles
In one of its last acts of 2006, the 109th Congress passed the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (FCMRA), reauthorizing the nation's primary fishing law through the year 2013. The president signed on in early January 2007. Those involved in the reauthorization effort deserve kudos for achieving a successful bipartisan compromise, a relatively rare phenomenon in recent years. Congress also deserves praise for taking positive action towards improving existing law and for rejecting preliminary proposals designed principally to derail conservation efforts. Yet, in the face of unrelenting, catastrophic fish stock declines, it is unclear whether the …