Blog

Wendy asks a fair question: if I may rephrase, “If not science, then what?” Of course, this rephrasing is a little hyperbolic. No one suggests that there is no place for science. Indeed, as I mentioned before, it is the foundation of our concerns and provides essential (if limited and often uncertain) information about the […]

As the moderator of this blog, I am the designated devil’s advocate. Read together, Rena’s and John’s entries make my assignment easy. Both write upbeat and insightful entries about their preferred approaches for the future, but they reach diametrically opposite conclusions. John suggests that the best solution for the manipulation of regulatory science is to […]

Reading Wendy’s rather gloomy assessment of the abuse of science in regulatory decisionmaking – which is to say, in political decisions – and Rena’s more upbeat reply, I find myself asking why we are so tied to science in the first place. If the science is so subject to bias and abuse, why are we relying […]

  I think Wendy paints far too black a picture of the current state of affairs, and that rays of sunshine are beginning to poke through this particularly cloudy sky. I rest my case for more optimism on the increasingly aggressive role that scientific advisory boards are playing when political appointees at the Environmental Protection Agency […]

One can quickly become depressed by the problems afflicting the science used for regulation of public health and the environment, and CPR bears a substantial share of responsibility for painting a grim picture of a world where politics prevails over science. In a Cambridge-published book, Rescuing Science from Politics, and an accompanying white paper that summarizes […]

There are three relevant actors in the preemption play: the courts, the executive, and the Congress. For various reasons, the mood of the Supreme Court at the present time is to limit tort actions generally. “Tort reform,” generally unsuccessful in state legislatures and Congress, is being implemented by the Supreme Court unilaterally. Daubert requirements for […]

There are two issues kicking around in this discussion: (1) Should state tort law be preempted if there is some sort of federal regulation in place?   (2) Which institutions – particularly federal agencies and courts – are legally empowered and/or competent to decide that question? I’d like to chime in on (1), but I hope we’ll […]

I’m glad that we have an opportunity to blog about preemption because, as the previous blogs discussed, the folks pushing preemption are so good at creating myths around this subject. One—elaborated on by Tom McGarity—is that the jury system is not to be trusted. Another—discussed by David Vladeck—is that it is up to the courts to decide whether […]

Tom’s point about the use of myths to drive the tort reform agenda is a powerful one.  But this battle is about more than myths about torts; it is also a battle about myths about constitutional law.       Tort Myths   In most of the tort suits that trigger preemption defenses, there is no […]