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References
Conrad D. Johnson, “What Moral Philosophers Can Learn From the Law,”The Maryland Law Forum 7 (1977): 114–22.
Ibid.
Ibid.: 117.
Ibid.: 120.
Ibid.: 120.
Ibid.
Carl F. Cranor,Regulating Toxic Substances: A Philosophy of Science and the Law (New York: Oxford University Press, 1993), pp. 18–19.
National Research Council,Risk Assessment in the Federal Government (Washington, D.C.: National Academy Press, 1984), pp. 17–51.
Although there is considerable uncertainty about the science of carcinogenesis, there are also procedures for arriving at not unreasonable conclusions about the carcinogenic effects of particular substances. Cranor,Regulating, pp. 131–35.
While I do not explicitly argue for this issue here (but have done so inRegulating Toxic Substances), this unasked question should be addressed.
Gulf South Insul. v. Consumer Product Safety Commission, 701 F. 2nd 1137 (5th Cir. 1983).
Regulating Toxic Substances, pp. 78–82, 131–51.
Regulating Toxic Substances, pp. 29–40.
Regulating Toxic Substances, pp. 13–25.
Ferebee v. Chevron Chemical Co. 756 F. 2d 1529 at 1536 (D.C. Circuit 1984). A recent Supreme Court decisionDaubert v. Merrell-Dow Pharmaceutical, Inc. U.S. No. 92–100 (June 28, 1993) (Slip opinion) might lead to changes in this area.
Thomas S. Kuhn,The Essential Tension: Selected Studies in Scientific Tradition and Change (Chicago: The University of Chicago Press, 1977), pp. 330–32.
Fleming James, Jr., and Geoffrey C. Hazard, Jr.Civil Procedure (Boston: Little, Brown and Company, 1977), p. 245.
James and Hazard, p. 241.
James and Hazard, pp. 251–53.
John H. Wigmore,Wigmore on Evidence sec. 2501 (ed. 1940 & Supp. 1991).
James and Hazard, p. 253. They go on to remark that this “is a process of concealing by fiction a change in the substantive law. When the law presumes the presence of B from A, this means that the substantive law no longer requires the existence of B in cases where A is present, although it hesitates as yet to say so forthrightly ...” e.g., the presumption that the possessor of marijuana knows that it was illegally imported (254).
James and Hazard, p. 255.
James and Hazard, p. 255.
James and Hazard, p. 255.
James and Hazard, p. 257 and Edward W. Cleary et al.,McCormick on Evidence, 3rd edition (St. Paul, Minn.: West Publishing, 1984), pp. 968–69.
C. Cranor, “Public Health & Uncertainty” in Kristin Shrader-FrechetteThe Ethics of Research Science (forthcoming from Rowan & Littlefield, 1994).
The situation in science is even worse than this, however, since in statistical studies of scientific data, the more scientists try to avoid false positives, other things equal, the higher are false negatives (Regulating Toxic Substances, pp. 31–39).
Sections of the Food, Drug and Cosmetic Act and the Federal Insecticide, Fungicide and Rodenticide Act require premarket approval of various products and the Toxic Substances Control Act requires manufacturers to file premanufacture notifications for substances (including minimal testing) with the EPA which then ordinarily has 90 days to identify substances that need further testing. U.S. Congress, the Office of Technology Assessment,Identifying and Regulating Carcinogens (Washington, D.C.: U.S. Government Printing Office, 1987), pp. 199–200.
OTA,Identifying and Regulating Carcinogens, 199–220.
This is the view I argue for inRegulating Toxic Substances.
This is the legal presupposition of the voter-passed initiativeThe Safe Drinking Water and Toxic Enforcement Act of 1986 (California Code of Regulations, Title 2, section 12705).
U.S. Congress,Office of Technology Assessment (Washington, D.C.: U.S. Government Printing Office, 1987), p. 20.
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Hoover et al., “Improving the Regulation of Carcinogens,” (forthcoming inRisk Analysis).
Cranor,Regulatory Toxic Substances, pp. 137–146 and C. Cranor, “The Social Benefits of Expedited Risk Assessments” (tentative title, forthcoming).
Hoover et al., “Improving the Regulation of Carcinogens.”
Hoover et al., “Improving the Regulation of Carcinogens.”
Hoover et al., “Improving the Regulation of Carcinogens.”
For the remaining 200 of the 400 Proposition 65 carcinogens, the available data is inadequate for the default procedure.
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Cranor, C.F. Learning from the law for regulatory science. Law Philos 14, 115–145 (1995). https://doi.org/10.1007/BF01000527
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DOI: https://doi.org/10.1007/BF01000527