HOME HELP FEEDBACK SUBSCRIPTIONS ARCHIVE SEARCH TABLE OF CONTENTS		QUICK SEARCH:   [advanced] Author: Keyword(s): Year:  Vol:  Page:

This Article Full Text Full Text (PDF) Submit a response View Shopping Cart Alert me when this article is cited Alert me when eLetters are posted Alert me if a correction is posted Services Similar articles in this journal Similar articles in PubMed Alert me to new issues of the journal Download to citation manager Citing Articles Citing Articles via HighWire Citing Articles via Google Scholar Google Scholar Articles by McGarity, T. O. Search for Related Content PubMed PubMed Citation Articles by McGarity, T. O. Related Collections Health Law Health Policy Government

Thomas O. McGarity, JD

The author is with the University of Texas School of Law, Austin. He is also with the Center for Progressive Regulation, Washington, DC.

Correspondence: Requests for reprint should be sent to Thomas McGarity, JD, University of Texas School of Law, 727 East Dean Keeton St., Austin, TX 78705 (e-mail: tmcgarity{at}mail.law.utexas.edu).

Assigning a Daubert-like gatekeeper role to courts engaged in judicial review of risk assessments prepared by federal agencies is a profoundly bad idea.

I describe the role of courts in reviewing regulatory agency decisionmaking and explore the potential impact of incorporating Daubert principles into administrative law. A Daubert form of judicial review will prevent agencies from employing a "weight of the evidence" approach, forcing them to adopt a "corpuscular" approach that rewards efforts by regulatees to find and exaggerate flaws in individual scientific studies.

Consequently, applying Daubert to federal agency decisionmaking will have a predictable impact on regulatory policy that runs directly counter to the precautionary policies that animate most health, safety, and environmental statutes.

This article has been cited by other articles:

				E. Bingham, L. Boden, R. Clapp, P. Hoppin, S. Krimsky, D. Michaels, D. Ozonoff, and A. Robbins BINGHAM ET AL. RESPOND Am J Public Health, February 1, 2006; 96(2): 206 - 207. [Full Text] [PDF]

				D. Michaels Scientific Evidence and Public Policy Am J Public Health, July 1, 2005; 95(S1): S5 - S7. [Full Text] [PDF]

				P. J. Hoppin and R. Clapp Science and Regulation: Current Impasse and Future Solutions Am J Public Health, July 1, 2005; 95(S1): S8 - S12. [Abstract] [Full Text] [PDF]