front cover of Dangerous Trade
Dangerous Trade
Histories of Industrial Hazard across a Globalizing World
Christopher Sellers
Temple University Press, 2011

From anthrax to asbestos to pesticides, industrial toxins and pollutants have troubled the world for the past century and longer. Environmental hazards from industry remain one of the world's foremost killers.Dangerous Trade establishes historical groundwork for a better understanding of how and why these hazards continue to threaten our shrinking world.

In this timely collection, an international group of scholars casts a rigorous eye towards efforts to combat these ailments. Dangerous Trade contains a wide range of case studies that illuminate transnational movements of risk—from the colonial plantations of Indonesia to compensation laws in late 19th century Britain, and from the occupational medicine clinics of 1960s New York City to the burning of electronic waste in early twenty-first century Uruguay.

The essays in Dangerous Trade provide an unprecedented broad perspective of the dangers stirred up by industrial activity across the globe, as well as the voices rasied to remedy them.

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front cover of What Process is Due?
What Process is Due?
Courts and Science-Policy Disputes
David M. O'Brien
Russell Sage Foundation, 1987
Are judges competent to decide complex scientific disputes over toxic chemicals and hazardous wastes? Have courts gone too far in awarding damages to victims? Does the judiciary unreasonably constrain free market forces and usurp power from democratically elected branches of government? What constitutes judicial "due process" in the regulation of health-safety and environmental risks? David O'Brien addresses these and other key questions in a comprehensive survey of the role of courts in resolving science-policy disputes. He theorizes that such disputes, with their burden of scientific uncertainty and intense value conflict, become judicialized in the United States because they pose an uncomfortable trilemma for policy makers: how to accommodate competing demands for scientific certainty, political compromise, and procedural fairness in the regulation of risks. When policy negotiations break down, courts are called on not to settle scientific controversies per se, but in their traditional role as independent tribunals for settling value conflicts and imposing norms in a pluralistic society. This interpretation is enhanced by a unique set of case studies, including DES and asbestos litigation and the ban on Tris (a carcinogenic flame-retardent). O'Brien's analytical framework and his detailed examples illuminate the extent, the implications, and the underlying causes of the judicialization of risk regulation.
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