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RISK

Symposium
Public Participation in Risk Management

Contents

Papers below are listed by author; to read them online, click on any title. Risk volume and page numbers are indicated by, e.g., 1.83.

  • Thomas G. Field, Jr., Introduction -- 1.1

  • Homer O. Blair, The Role of Technologically Trained Corporate Lawyers in Managing Risk -- 1.83
    An explanation of what technologically-trained lawyers ordinarily do as corporate employees. Lawyers with such training, while not members of the "public," have traditionally played a very small role in dealing with safety issues. It is strongly urged that they may be of great help in preventing harm which would be expensive, at best, to redress.

  • The Honorable Hugh H. Bownes, Should Trial by Jury Be Eliminated in Complex Cases? -- 1.75
    One way in which the public participates in the management of risk is as jurors. Here, the function of juries in civil litigation is discussed and the argument is made that problems with juries in complex cases may be solved by means short of eliminating juries altogether.

  • Carl F. Cranor, Scientific Conventions, Ethics and Legal Institutions --1.155
    This article examines the use of epidemiology to evaluate risks posed by toxic substances. Using illustrations drawn from an elaborate example, it argues that scientists applying usual conventions in doing statistical studies tend to ignore important normative issues.

  • Scott F. Eaton, Legislative Oversight of Administrative Rule Making in New Hampshire -- 1.131
    This paper explains how administrative rules are made in a small state. It also analyzes the role of a joint legislative committee which oversees the process and concludes that such oversight generally increases opportunities for public scrutiny of rules and public participation in rule making.

  • Jeffrey S. Lubbers, Federal Regulation: Administrative Procedure Constraints and Opportunities -- 1.43
    An introduction to the legal framework within which employees of the "twigs" on our fourth branch of government must operate. Particular attention is given to research sponsored by the Administrative Conference of the United States which has dealt with, for example, process problems in resolving specific issues and in building consensus on broad policy matters.

  • Joseph L. Lakshmanan, An Empirical Argument for Nontechnically Trained Public Members on "Technical" Advisory Committees: FDA as a Model -- 1.61
    A discussion of the results of two surveys of present and past members of Food and Drug Administration Advisory Committees. The views and understanding of the issues before various categories of membership are compared and contrasted. It appears that technical members of advisory committees would generally welcome more participation by persons who lack special subject matter expertise.

  • Frances M. Lynn, Public Participation in Risk Management Decisions: The Right to Define, the Right to Know and the Right to Act -- 1. 95
    It is important to solicit public opinions before making decisions about risk, but this is seen as only a first step. The author observes that it is also important that the public be involved in defining the problem, identifying needed information, interpreting information, and choosing among the options for action.

  • Thomas O. McGarity, Public Participation in Risk Regulation -- 1.103
    After discussing the increasing recognition of different kinds of claims for public participation in risk regulation, this paper discusses a spectrum of approaches and examines six points along its range.

  • Sidney A. Shapiro, Public Accountability of Advisory Committees -- 1.189
    Professor Shapiro discusses existing procedures for ensuring the integrity of advisory committee recommendations. It concludes that they are inadequate and argues that accountability would be better served if nonexperts were included. It also suggests that, in any event, measures need to be taken to indicate, e.g., the bases for committee conclusions.

  • Kristin S. Shrader-Frechette, Scientific Method, Anti-Foundationalism and Public Decisionmaking -- 1.23
    An examination of the legitimacy of attacks on lay assessments of environmental or other technological risk. The case is made that rational policy requires an epistemology in which what we believe about risk is bootstrapped onto how we should act concerning risk.

  • Paul B.Thompson, Risk Subjectivism and Risk Objectivism: When Are Risks Real? -- 1.3
    Typically, those who discuss risk management envision a two-step process wherein, first, risk is more or less objectively appraised and, second, the acceptability of those risks is subjectively evaluated. This paper questions the philosophical foundations of that approach.
See also The Science Court Symposia.

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Risk Articles Index


Modified 12/13/97 tgf
URL: http://www.piercelaw.edu/risk/pubprtn.htm
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