Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 66, No. 4, Autumn

Accounting for Science: The Independence of Public Research in the New, Subterranean Administrative Law
INTRODUCTION The corporate accounting scandals of the early twenty-first century are stark reminders that "the map is not the territory." (1) In the accounting scandals, stock valuations dropped when investors lost confidence in corporate earnings...
Implications of the Precuationary Principle for Environmental Regulation in the United States: Examples from the Control of Hazardous Air Pollutants in the 1990 Clean Air Act Amendments
INTRODUCTION In this Article we take a cautionary approach to the Precautionary Principle. We argue that the hazardous air pollutant provisions of the 1990 Clean Air Act Amendments provide an example of the Precautionary Principle incorporated into...
Law and Engineering: In Search of the Law-Science Problem
I INTRODUCTION Law is not unitary. Neither is science. Law pursues a host of divergent purposes: facilitating welfare-enhancing transactions, corrective justice (compensation for harms), preventing injury and disease, punishing crime, protecting...
On the Prospect of "Daubertizing" Judicial Review of Risk Assessment
I INTRODUCTION In Daubert v. Merrell Dow Pharmaceuticals, Inc., (1) the Supreme Court assigned a gatekeeper role to federal district courts hearing cases involving expert testimony. Daubert requires trial judges to so acquaint themselves with...
"Regulatory Daubert": A Proposal to Enhance Judicial Review of Agency Science by Incorporating Daubert Principles into Administrative Law
I INTRODUCTION In the landmark decision of Daubert v. Merrell Dow Pharmaceuticals, Inc., (1) the United States Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert has given the judiciary a mandate...
Strengthening Science's Voice at EPA
Throughout EPA's history, our greatest successes have occurred when policies, regulations, and decisions are based on the results of sound and relevant scientific research.... [T]he credibility of our decisions depends on the science underlying them....
The "Bad Science" Fiction: Reclaiming the Debate over the Role of Science in Public Health and Environmental Regulation
INTRODUCTION Imagine a world in which the proponent of a legal reform bears the burden of showing that a problem exists. Ideally, the reformer would also be expected to produce some evidence that the reform would actually address the identified...