Results by title

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.

Soldier and explorer William H. Emory traveled the length and breadth of the United States and participated in some of the most significant events of the nineteenth century. This first complete biography of Emory offers new insights into an often-overlooked military figure and provides an important view of an expanding America.

Born in Maryland in 1811, Emory was a West Point graduate who resigned his commission to become a civil engineer and join the newly formed Corps of Topographical Engineers. After working along the Canadian boundary, he was selected to accompany Stephen Watts Kearny and the Army of the West in their trek to California in 1846, and his map from that expedition helped guide Forty-Niners bound for the goldfields.

Emory worked for nine years on the new border between the United States and Mexico after the Treaty of Guadalupe Hidalgo and the Gadsden Purchase and was responsible for the survey and marking of the boundary. When the Civil War broke out, Emory refused a commission in the Confederate Army, instead commanding a regiment defending Washington, D.C. Later he saw action at Manassas, in the Red River campaign, and in the Shenandoah Valley, where he served under Phil Sheridan.

This biography draws on Emory’s personal papers to reveal other significant episodes of his life. While commanding a cavalry unit in Indian Territory, he was the only officer to bring an entire command out of insurrectionary territory. In hostile action of a different kind, he was a major witness in the impeachment trial of Andrew Johnson and offered testimony that helped save the president.

William H. Emory: Soldier-Scientist is an important resource for scholars of western expansion and the Civil War. More than that, it is a rousing story of an unsung but distinguished hero of his time.