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Home > Law > Laws of specific jurisdictions > Legal systems: general > Courts and procedures > What Process is Due?: Courts and Science-Policy Disputes
What Process is Due?: Courts and Science-Policy Disputes

What Process is Due?: Courts and Science-Policy Disputes


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About the Book

Are judges competent to decide on complex scientific disputes over toxic chemicals and hazardous wastes? Have courts gone too far in awarding damage to victims? Does the judiciary unreasonably constrain the free market forces and usurp power from democratically elected branches of government? What constitutes judical "due process" in the regulation of health safety and environmental risks? This book addresses these and other key questions in a comprehensive survey of the role of the courts in resolving science-policy disputes. It theorizes that such disputes, with their burden of scientific uncertainity and intense value conflict, become "judicialized" in the US because they pose an uncomfortable dilemma for policy makers: how to accommodate competing demands for scientific certainty, political compromise and procedural fairness in the regulation of risks. When policy negotiations break down, courts are called on not to settle controversies but in their traditional role as independent tribunals for settling value conflicts and imposing norms in a pluralistic society. This interpretation is enhanced by a set of case studies including: DES and asbestos litigation and the ban on Tris (a carcinogenic flame retardent). It's analytical framework and detailed examples illuminate the extent, the implcation and the underlying causes of the judicialization of risk regulation.

About the Author :
DAVID M. O'BRIEN is associate professor of political science at the University of Virginia, Charlottesville.


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Product Details
  • ISBN-13: 9780871546234
  • Publisher: Russell Sage Foundation
  • Publisher Imprint: Russell Sage Foundation
  • Height: 230 mm
  • Returnable: N
  • Weight: 555 gr
  • ISBN-10: 087154623X
  • Publisher Date: 30 Mar 1988
  • Binding: Hardback
  • Language: English
  • Sub Title: Courts and Science-Policy Disputes


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