Law and science in collaborationPDF电子书下载

Chapter 1 Introduction&Milton M.Carrow and J.D.Nyhart 1

Models for Regulatory Decision Making Concerning Science and Technology 2

Conclusion 10

Part Ⅰ Changing Frameworks 11

Chapter 2 An Overview:Two Models of Regulatory Decision Making&Jerry L.Mashaw 13

A Normative Perspective:Models as Legitimating Ideals 13

A Critical Perspective:Problems of Implementation and the Compromise of Ideals 16

Summary 21

Chapter 3 Components of an Adequate Record&William Warfield Ross 23

An Adequate Record-From Whose Standpoint? 24

Standards Governing Judicial Review of Agency Proceedings 24

The Interaction between Court and Agency and Its Effect on the Administrative Record 29

Comment&Stephen G.Breyer 41

Chapter 4 Some Thoughts on Science and Scientists in the 1980s&J.William Haun 47

The Scientific Method and Ethos 47

Big Science and the Deterioration of the System 48

Comment&Clifford Grobstein 51

Part Ⅱ Five Case Studies of Special Mechanisms 53

Chapter 5 OSHA's Generic Carcinogen Policy:Rule Making under Scientific and Legal Uncertainty&Thomas O.McGarity 55

History of the OSHA Generic Carcinogen Policy 56

Effectiveness of the GCP Effort 73

Lessons for the Future 82

Comment&Richard A.Merrill 105

Comment&J.William Haun 109

Chapter 6 The Role of the National Academy of Sciences in Public Policy and Regulatory Decision Making&Clifford Grobstein 115

Nature of NAS and Its Mandate 115

Organization of the Academy Complex 117

The Academy Process of Study and Report 118

NRC Studies and Reports as Adjuncts to Regulation 122

Examining a Case History 130

Concluding Remarks 133

Comment&Harold P.Green 135

Chapter 7 NIH's Consensus-Development Program:Theory,Process,and Critique&Charles Upton Lowe 139

Statement of the Problem 139

An Approach to the Problem:Diffusion Theory 141

Evolution of NIH's Consensus-Development Effort 145

An Evaluation 148

Conclusion 152

Comment:On Public Acceptance of Regulatory Decisions Involving Technology-Based Health Risks&Kenneth H.Thompson 155

Chapter 8 The Role of Advisory Committees in Resolving Regulatory Issues Involving Science and Technology:Experience from OSHA and the EPA&Nicholas A.Ashford 165

The Purposes of Advisory Committees 166

The Legal Framework for OSHA and EPA Advisory Committees 168

Analysis of the Role of Advisory Committees 170

Recommendations for Improving the Effectiveness of Advisory Committees 173

Comment:Channels of Communication between Various Subsets of the Public and a Regulatory Agency&Anna J.Harrison 175

Chapter 9 The First FDA Public Board of Inquiry:The Aspartame Case&Vincent Brannigan 181

Issue 1:Framing the Question to the PBOI 182

Issue 2:Constituting the Board 185

Issue 3:Limiting Evidence in the Proceeding 190

Issue 4:Conducting the Hearing 192

Issue 5:The Decision 195

Issue 6:The Appeal to the Commissioner 197

Issue 7:The Record 199

Issue 8:The Commissioner's Decision 200

Conclusions 201

Comment&Nancy L.Buc 203

Comment&Harold M.Peck 207

Part Ⅲ Working Together:Lawyers,Scientists,Judges,Engineers 211

Chapter 10 The Cognitive Style of Lawyers and Scientists&Peter G.W.Keen 213

Decision-Making Methods and Assumptions:Judges and Managers 215

The Myers-Briggs Type Indicator 219

Cognitive Style and Occupational Specialization 223

Mutual Understanding 228

Lawyers and Scientists 230

Implications for Cognitive Style for the Use of Scientific Expertise 236

Appendix 10A 239

Comment&Milton R.Wessel 245

Part Ⅳ Learnings:A Summary 253

Chapter 11 Toward Better Resolution of Regulatory Issues Involving Science and Technology&J.D.Nyhart and Milton M.Carrow 255

Science as a Special Case 255

Mechanisms for Infusing Science into the Regulatory Process 257

Changing Frameworks for Science in Regulatory Decisions 268

A Model of Law and Science Collaboration in Resolving Regulatory Disputes Involving Science and Technology 273

Conclusion:Practical Applications of the Model 294

Index 297

About the Contributors 303

About the Editors 306