No one solution to the "new demarcation problem"?: A view from the trenches.

The new demarcation problem asks whether and how we can identify illegitimate values in scientific inquiry. Yet given the multiple contexts and audiences of science advice occurring in practice, a single strategy or set of ex ante criteria may not be the best way to approach this difficult puzzle. This paper offers a mapping of several distinct types of manifestations of the new demarcation problem arising in environmental and health policymaking over the last fifty years and notes their highly divergent features with respect to assessing the illegitimacy of the values in scientific work.

Science, politics and institutional design in regulation.

The politicization of science is a recurring phenomenon in US federal policymaking that is explained in part by the unstructured, collaborative nature of decision-making in most science-intensive US regulatory programs. In this chapter we spotlight some of the most significant worries arising from this longstanding approach to U.S.

Legal obstacles to toxic chemical research.

Legislative design impedes study of chemicals in the environment.

Commons ignorance: the failure of environmental law to produce needed information on health and the environment.

One of the most significant problems facing environmental law is the dearth of scientific information available to assess the impact of industrial activities on public health and the environment. After documenting the significant gaps in existing information, this Article argues that existing laws both exacerbate and perpetuate this problem. By failing to require actors to assess the potential harm from their activities, and by penalizing them with additional regulation when they do, existing laws fail to counteract actors' natural inclination to remain silent about the harms that they might be causing.