On the Prospect of “Daubertizing” Judicial Review of Risk Assessment.
Part of a special issue on science in the regulatory process. The Supreme Court, in Daubert v. Merrell Dow Pharmaceuticals, Inc., assigned a gatekeeper role to federal district courts hearing cases involving expert testimony; but assigning a similar role to courts engaged in judicial review of fede...
| Published in: | Law & Contemporary Problems Vol. 66; no. 4; pp. 155 - 226 |
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| Format: | Article |
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Duke University
Autumn2003
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| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=502501401&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 502501401 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 00239186 LCP jtl: Law & Contemporary Problems issn: 00239186 maglogo: N pubinfo: dt: Autumn2003 vid: 66 iid: 4 pid: 588 pub: Duke University artinfo: ui: 502501401 ppf: 155 ppct: 71 formats: fmt: – @attributes: type: T – @attributes: type: P size: 68.8MB tig: atl: On the Prospect of “Daubertizing” Judicial Review of Risk Assessment. aug: au: McGarity, Thomas O. su: United States. Environmental Protection Agency Environmental health Health risk assessment Judicial review Science & law sug: subj: United States. Environmental Protection Agency Environmental health Health risk assessment Judicial review Science & law keyword: United States -- Supreme Court -- Decisions ab: Part of a special issue on science in the regulatory process. The Supreme Court, in Daubert v. Merrell Dow Pharmaceuticals, Inc., assigned a gatekeeper role to federal district courts hearing cases involving expert testimony; but assigning a similar role to courts engaged in judicial review of federal agency risk assessments is an extremely bad idea. Having failed to rein in federal regulatory agencies by enacting sometimes strict regulatory-reform legislation, reformers are trying to secure regulatory relief in the courts by subtly granting a more activist role to judges, who are deemed to be more sympathetic to the objectives of the reformers than is Congress. The courts should strongly resist this call to reform protective health, safety, and environmental regulation to fit these judges' notions of the correct role for federal regulation in society. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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