Join us.

We’re working to create a just society and preserve a healthy environment for future generations. Donate today to help.

Donate

Blog

Showing 80 results

Sidney A. Shapiro

Fletcher Chair in Administrative Law

Sidney A. Shapiro | October 6, 2009

‘Sound Science’ Attack on OSHA Nominee David Michaels Is Drenched in Irony

How’s this for any irony? David Michaels, President Obama’s nominee to head the Occupational Safety and Health Administration (OSHA), has written a book, published by Oxford University press, documenting how industry manufactures doubts that chemicals harm people by accusing regulators and plaintiff lawyers of relying of “junk science” instead of “sound science.” Now, after Michaels has exposed […]

Sidney A. Shapiro | August 13, 2009

New York Governor Channels Ronald Reagan: Governor Paterson’s Flawed Plan to Review Regulations

This is one of two posts today by CPR member scholars evaluating NY Gov. David Paterson’s recent executive order on regulations; see also Rebecca Bratspies’ post, “Paterson’s Executive Order: Win for Industry, Loss for Public Health and Safety.” Who knew? With his newly announced plan to require New York departments and agencies to look back […]

Sidney A. Shapiro | July 30, 2009

‘Curiouser and Curiouser!’ Cried Alice … A Tale of Regulatory Policy in the Obama Administration

Like Alice's adventure, the development of regulatory oversight in the Obama administration is becoming "curiouser and curiouser." President Obama selected Cass Sunstein to be the head of the Office of Information and Regulatory Affairs (OIRA), a curious choice since Sunstein, although one of the country’s most distinguished academics, is in favor of extending the use […]

Sidney A. Shapiro | July 30, 2009

Reviving OSHA: The New Administrator’s Big Challenge

On Tuesday, the White House announced the appointment of Dr. David Michaels to head the Occupational Safety and Health Administration (OSHA). An epidemiologist and a professor at George Washington University’s School of Public Health and Health Services, Michaels will bring substantial expertise and experience to the job. Besides being an active health research – he studies the health effects of occupational exposure to toxic chemicals – he has also written impressively on science and regulatory policy. His book, Doubt Is Their Product: How Industry’s Assault on Science Threatens Your Health, offers extensive evidence of how regulatory entities spend millions of dollars attempting to dismantle public health protections using the playbook that originated with the tobacco industry’s efforts to deny the risks of smoking. He is also an experienced public health administrator, having served as the Assistant Secretary of Energy for Environment, Safety and Health in the Clinton Administration.

Sidney A. Shapiro | February 2, 2009

President Obama’s FOIA Order

On January 21, 2009, President Obama issued a Presidential Memorandum that I’m hopeful will be the start of undoing much of the excessive secrecy practiced by the previous administration. The memorandum, established that the Freedom of Information Act (FOIA) “should be administered with a clear presumption: In the face of doubt, openness prevails.” A recent […]

Sidney A. Shapiro | November 17, 2008

An Executive Order to Restore Transparency to Government

The Bush Administration’s penchant for secrecy was one of the most corrosive aspects of the way it ran the government these last eight years. This preference for conducting government business behind closed doors ran the gamut from military and foreign policy, where secrecy is more easily justified, to regulatory policy, where it is much less […]

Sidney A. Shapiro | July 30, 2008

Why Do the Courts Not Respect Congressional Intent?

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 […]

Sidney A. Shapiro | July 27, 2008

Getting Started

CPR has published two white papers on “preemption”—a doctrine used by the courts to determine whether federal regulation of some type of corporate behavior bars a state from subjecting the corporation to its own laws. The first, The Truth About Torts: Using Agency Preemption to Undercut Consumer Health and Safety, came out in September, 2007, and […]