Chapter

The Judiciary

in The People's Agents and the Battle to Protect the American Public

Published by University of Chicago Press

Published in print June 2010 | ISBN: 9780226772028
Published online March 2013 | e-ISBN: 9780226772042 | DOI: http://dx.doi.org/10.7208/chicago/9780226772042.003.0007
The Judiciary

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This chapter begins with a discussion of cases involving the Occupational Safety and Health Administration's attempts to regulate toxic chemical exposures in the workplace, in order to illustrate the harm caused by unwarranted judicial interference. Next, it explains the evidence demonstrating judicial bias. It examines the incentives that motivate judges to discover why such bias arises. It discusses how ideological judging creates regulatory dysfunction. The chapter concludes with a series of recommendations for arresting these trends by defining the appropriate role of judges as last-resort or “border patrol” overseers.

Keywords: Occupational Safety and Health Administration; toxic chemical exposure regulation; judicial interference; judicial bias; ideological judging; judges

Chapter.  9436 words. 

Subjects: Environment and Energy Law

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