- Research Article
- 10.2139/ssrn.2732715
Barack Obama's Path to Progress in 2015-16: Thirteen Essential Regulatory Actions
- Nov 01, 2014
- SSRN Electronic Journal
- Rena I Steinzor + 3 more +3
Publications from 2021 to 2026
Showing 9 of 9 papers
Barack Obama's Path to Progress in 2015-16: Thirteen Essential Regulatory Actions
Consequences for Cleanup: EPA Gets Serious About Weak Watershed Improvement Plans
TSCA Reform: Preserving Tort and Regulatory Approaches
The Truth About Torts: Defensive Medicine and the Unsupported Case for Medical Malpractice 'Reform'
Missing the Mark in the Chesapeake Bay: A Report Card for the Phase I Watershed Implementation Plans
Fifty FDAs: An Argument for Federal Preemption of State Tort Law that is Less than Meets the Eye
A white paper whose purpose is to try to put to rest the “unhelpful and disingenuous” “50 FDAs” argument that proponents of federal regulatory preemption have supported for the last few decades. First, this paper examines the “50 FDAs” argument in greater detail, with an eye toward understanding the concerns that have motivate manufacturers of drugs and medical devices to adopt this argument. Second, it explains why the “50 FDAs” argument should be rejected. Third, it argues that preemption of state tort law would ultimately be counterproductive, since the displacement of a vibrant state tort law system would greatly undermine the valuable role that state tort law plays in U.S. governance.
Read moreA Return to Common Sense: Protecting Health, Safety, and the Environment Through 'Pragmatic Regulatory Impact Analysis'
Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, and Political Interference Cripple the 'Protector Agencies'
The Tragedy of the Commons and the Myth of a Private Property Solution