2005
DOI: 10.2105/ajph.2004.059626
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Science and Regulation: Current Impasse and Future Solutions

Abstract: We reflect on four articles that examine the Supreme Court's Daubert v Merrell Dow Pharmaceuticals, Inc decision and efforts by private interests to derail public health and environmental regulations. The articles' authors make the case that the impact of Daubert and related decisions in court settings pale by comparison to the threat that Daubert-like thinking poses in the regulatory arena. A growing number of companies, however, have made substantial changes in practice and in culture by embracing a philosop… Show more

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Cited by 5 publications
(6 citation statements)
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“…EPA 2010a), and new pharmaceuticals (FDA 2010). Recent discussions have explored how new types of assay data might have an impact on the regulation of genotoxic compounds (Elespuru et al 2009; Ge et al 2007; Guyton et al 2009; Hartung 2009a, 2009b; Hartung and Daston 2009; Hartung and Rovida 2009; Hoppin and Clapp 2005; Krewski et al 2009; Meek and Doull 2009; National Research Council 2007; Service 2009). Many such issues will need to be settled before legislation of the type above could ever be instituted for 21st century assays.…”
Section: The Salmonella Assay As a Model For 21st Century Toxicology mentioning
confidence: 99%
“…EPA 2010a), and new pharmaceuticals (FDA 2010). Recent discussions have explored how new types of assay data might have an impact on the regulation of genotoxic compounds (Elespuru et al 2009; Ge et al 2007; Guyton et al 2009; Hartung 2009a, 2009b; Hartung and Daston 2009; Hartung and Rovida 2009; Hoppin and Clapp 2005; Krewski et al 2009; Meek and Doull 2009; National Research Council 2007; Service 2009). Many such issues will need to be settled before legislation of the type above could ever be instituted for 21st century assays.…”
Section: The Salmonella Assay As a Model For 21st Century Toxicology mentioning
confidence: 99%
“…Manufacturing uncertainly and promoting inappropriate criteria for assessing the quality of evidence...are central elements of a strategy for opposing regulation, impeding discussion of values and societal priorities, and closing out input from those whose health and quality of life are impacted by regulatory decisions. (Hoppin & Clapp, 2005, p. S8) Science, Technology, and Identity Claims of too much uncertainty, and promotion of unreasonably high standards of evidence, are examples of strategic idealizations of science, because they suggest that good science avoids tentative conclusions, consensual assumptions, and the need for further research.…”
Section: Sts In the Law School Curriculummentioning
confidence: 99%
“…Some believe this evolution in business thinking might be occurring, albeit slowly (Hoppin and Clapp 2005).…”
Section: What Should Be Done?mentioning
confidence: 99%