Fatal Tradeoffs


Book Description




Law and the Contradictions of the Disability Rights Movement


Book Description

The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.




Rights


Book Description

Rights brings together the most influential essays of the last thirty years critiquing and defending the liberal rights tradition. Modern 'rights critics' have focused on the perceived conflict between liberal rights and progressive or egalitarian political objectives, the preference of liberal states for negative over positive rights and also the dangers to community of the overly atomistic conception of human nature, which is arguably at the heart of the liberal rights tradition.




Trade-Offs


Book Description

How economists analyze real-world issues from overeating to organ transplants: “A wonderful introduction to economics for the layperson.” —Choice When economists wrestle with issues such as unemployment, inflation, or budget deficits, they do so by incorporating an impersonal, detached mode of reasoning. But economists also analyze issues that, to others, typically do not fall within the realm of economic reasoning, such as organ transplants, cigarette addiction, overeating, and product safety. Trade-Offs is an introduction to the economic approach to analyzing these controversial public policy issues. Harold Winter provides readers with the analytical tools needed to identify and understand the trade-offs associated with these topics. By considering both the costs and benefits of potential policy solutions, Winter stresses that real-world decision making is best served by an explicit recognition of as many trade-offs as possible. This new edition incorporates recent developments in policy debates, including the rise of “new paternalism,” or policies designed to protect people from themselves; alternative ways to increase the supply of organs available for transplant; and economic approaches to controlling infectious disease. Intellectually stimulating yet accessible and entertaining, Trade-Offs will be appreciated by students of economics, public policy, health administration, political science, and law—as well as by anyone who follows current social policy debates. “This precious little book will become widespread reading in basic courses on economics, but every sensible person interested in societal matters and not familiar with law and economics issues should also read it.” —History of Economic Ideas




Risk Regulation at Risk


Book Description

In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory. In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own. In the end, the authors reject the picture—painted by risk regulation’s critics—of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.







Theory and Practice in Policy Analysis


Book Description

Many books instruct readers on how to use the tools of policy analysis. This book is different. Its primary focus is on helping readers to look critically at the strengths, limitations, and the underlying assumptions analysts make when they use standard tools or problem framings. Using examples, many of which involve issues in science and technology, the book exposes readers to some of the critical issues of taste, professional responsibility, ethics, and values that are associated with policy analysis and research. Topics covered include policy problems formulated in terms of utility maximization such as benefit-cost, decision, and multi-attribute analysis, issues in the valuation of intangibles, uncertainty in policy analysis, selected topics in risk analysis and communication, limitations and alternatives to the paradigm of utility maximization, issues in behavioral decision theory, issues related to organizations and multiple agents, and selected topics in policy advice and policy analysis for government.




The Nanotechnology Challenge


Book Description

Nanotechnology is the wave of the future, and has already been incorporated into everything from toothpaste to socks to military equipment. The safety of nanotechnology for human health and the environment is a great unknown, however, and no legal system in the world has yet devised a way to reasonably address the uncertain risks of nanotechnology. To do so will require creating new legal institutions. This volume of essays by leading law scholars and social and physical scientists offers a range of views as to how such institutions should be formed. It is essential reading for anyone who may wonder how we can continue to innovate technologically in a way that both delivers the benefits and sustains human health and the environment.




Joseph Conrad and the Swan Song of Romance


Book Description

In the first critical study wholly devoted to Joseph Conrad's use of techniques associated with the literary tradition of romance, the author argues that Conrad's engagement with the genre invigorated his work throughout his career. Exploring the ways in which Conrad borrows from, alludes to, and subverts the tropes of romance, the author suggests that Conrad's ambivalent relationship with popular forms like the adventure novel is revealed in the way he uses romance conventions to disrupt narrative expectations and make visible ethical problems with Europe's colonial project. The author examines not only familiar novels like Lord Jim but also less-studied works such as Romance and The Rover, using Robert Miles's model of the 'philosophical romance' to show that for Conrad, romance is also philosophically engaged with issues of ideology. Her study enables a new appreciation of the ways in which Conrad continued to experiment, even in his later fiction, and of the ethical import of that aesthetic experimentation.




Routledge Handbook of Risk Studies


Book Description

It is over 40 years since we began to reflect upon risk in a more social than technological and economic fashion, firstly making sense of the gap between expert and public assessment of risks, such as to our health and environment. With fixed certainties of the past eroded and the technological leaps of ‘big data’, ours is truly an age of risk, uncertainty and probability - from Google’s algorithms to the daily management of personal lifestyle risks. Academic reflection and research has kept pace with these dizzying developments but remains an intellectually fragmented field, shaped by professional imperatives and disciplinary boundaries, from risk analysis to regulation and social research. This is the first attempt to draw together and define risk studies, through a definitive collection written by the leading scholars in the field. It will be an indispensable resource for the many scholars, students and professionals engaging with risk but lacking a resource to draw it all together.