CPR Perspective: The Takings Clause of the Fifth Amendment
CPR Perspective: 'The Takings Clause of the Fifth Amendment,' by Bill Funk. CPR's Perspectives Series is a set of monographs by CPR Member Scholars on timely and important health, safety, and environmental topics. Each Perspective provides a thumbnail sketch of the competing arguments concerning a substantive or procedural principle for developing appropriate health, safety and environmental policies, and closes with the Member Scholar-author's proposed approach to the issue.
Author(s): Bill Funk
Tort Law, Texas Style
On the Center for American Progress website, Douglas Kysar writes that "Conservative lawmakers and right-wing policy institutes would have us believe that one of the most pressing issues facing the nation today is the problem of 'regulation through litigation.' Across the country, power-hungry officials are said to be conspiring with greedy lawyers and activist judges to pursue regulatory agendas that have not, or could not, be successfully achieved through legislative channels. Given this relentless conservative refrain, it was surprising to learn that the latest example of 'regulation through litigation' was launched by Cornyn's successor as Texas state attorney general, Greg Abbott...."
Author(s): Douglas Kysar
Stealth Tort Reform: How the Bush Administration's Aggressive Use of the Preemption Doctrine Hurts Consumers
Stealth Tort Reform: How the Bush Administration's Aggressive Use of the Preemption Doctrine Hurts Consumers, by Margaret Giblin. White Paper 403, October 2004.
Author(s): Margaret Giblin
July 22, 2004. New Study Reveals Gaping Holes in Mad Cow 'Firewall'
Mad Cow 'Firewalls' Just a Smokescreen
Writing on the Center for American Progress website, Tom McGarity observes that seven months into the discovery of Mad Cow disease in a Washington state cattle herd, it's time for the Bush Department of Agriculture to have a comprehensive plan. But the so-called "firewalls" it touts are more about public relations than food safety.
Author(s): Thomas McGarity
A New Progressive Agenda for Public Health and the Environment
Over the last quarter century, much of the focus of federal regulatory policy in the areas of health, safety, and the environment has been gradually redirected away from protecting Americans against various harms and toward protecting corporate interests from the plain meaning of protective statutes. This book delivers precisely what its title promises, a re-imagining of federal policy in these areas, with particular focus on the regulatory process. It identifies the failings of the current approach to regulation and proposes innovative, straightforward, and practical solutions for the 21st Century. The 2004, A New Progressive Agenda for Public Health and the Environment, was a seminal collaboration among the Member Scholars of the Center for Progressive Reform (then called the Center for Progressive Regulation).
Author(s): Rena Steinzor, Christopher Schroeder
July 9, 2004: CPR President McGarity Responds to FDA Mad Cow Announcement.
Flimsy Firewalls: The Continuing Triumph of Efficiency over Safety in Regulating Mad Cow Disease Risks
Flimsy Firewalls: The Continuing Triumph of Efficiency over Safety in Regulating Mad Cow Disease Risks, by Thomas O. McGarity with Frank Ackerman. White Paper 402, July 2004.
Author(s): Thomas McGarity, Frank Ackerman