Abstract
Lawyers for companies subject to federal health, safety and environmental regulation hope that stringent substantive judicial review will relieve their clients of the burdens of much regulation without the need for troublesome legislative battles they seem unable to win. McGarity argues that assigning a Daubert-like (Daubert v. Merrell Dow Pharmaceuticals Inc) gatekeeper role to courts engaged in judicial review of agency risk assessments is a profoundly bad idea.
Citation
Thomas O. McGarity,
On the Prospect of “Daubertizing” Judicial Review of Risk Assessment,
66 Law and Contemporary Problems
155-226
(Fall 2003)
Available at: https://scholarship.law.duke.edu/lcp/vol66/iss4/6