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Articles 1 - 8 of 8

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.


Understanding The Terrorist Mindset, Randy Borum Jul 2003

Understanding The Terrorist Mindset, Randy Borum

Mental Health Law & Policy Faculty Publications

No abstract provided.


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.


Improved Drought Planning For Arizona, Katharine Jacobs, Barbara Morehouse Jun 2003

Improved Drought Planning For Arizona, Katharine Jacobs, Barbara Morehouse

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Barbara Morehouse

7 pages and 22 slides

Includes bibliographical references

"Katharine Jacobs is currently the Special Assistant for Policy and Planning, Arizona Department of Water Resources."

"Barbara Morehouse is Associate Research Scientist at the University of Arizona’s Institute for the Study of Planet Earth. She manages the Climate Assessment for the Southwest (CLIMAS) project, which is supported by the National Oceanic and Atmospheric Administration’s Office of Global Programs."


The Tangled Web--Complexities, Fallacies And Misconceptions Regarding The Decision To Release Treated Sexual Offenders From Civil Commitment To Society, Leroy L. Kondo May 2003

The Tangled Web--Complexities, Fallacies And Misconceptions Regarding The Decision To Release Treated Sexual Offenders From Civil Commitment To Society, Leroy L. Kondo

Northern Illinois University Law Review

"When should a treated rapist, child molester or other sexual offender, convicted under a sexually violent predator statute, be released to society?" This question is fraught with multiple levels of complexity in a tangled web of misconceptions, fallacies, myths, and pitfalls reflected in the scientific and legal literature. Several excellent scientific reviews have documented tremendous progress in sexual recidivism research over the past few decades. However, decision-makers (e.g., psychiatrists, psychologists, social workers, judges, juries, district attorneys, public defenders, parole officers, and administrators of both correctional facilities and hospitals) remain confronted with a plethora of conceptual landmines and a morass of …


Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler Jan 2003

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 …


Keynote Address, Susan S. Bies, Alan Rechtschaffen Jan 2003

Keynote Address, Susan S. Bies, Alan Rechtschaffen

Fordham Journal of Corporate & Financial Law

No abstract provided.


Managing At-Risk Juvenile Offenders In The Community: Putting Evidence Based Principles Into Practice, Randy Borum Jan 2003

Managing At-Risk Juvenile Offenders In The Community: Putting Evidence Based Principles Into Practice, Randy Borum

Mental Health Law & Policy Faculty Publications

More than a half-million juveniles are under community supervision as a result of violent or delinquent behavior. Research has shown that treatment can reduce their risk of reoffending. This article reviews and distills the key lessons from hundreds of empirical studies and metaanalyses and applies them to practice. The author argues for conducting systematic and developmentally informed risk assessments, selectively assigning intensive intervention to the highest risk offenders, focusing on criminogenic treatment targets, using proven interventions and treatment strategies, and applying rigor in implementation and follow-up.