In Defense of Asbestos Tort Litigation: Rethinking Legal Process Analysis in a World of Uncertainty, Second Bests, and Shared Policy‐Making Responsibility

2009 ◽  
Vol 34 (01) ◽  
pp. 5-29 ◽  
Author(s):  
Jeb Barnes

A central question in American policy making is when should courts address complex policy issues, as opposed to defer to other forums? Legal process analysis offers a standard answer. It holds that judges should act when adjudication offers advantages over other modes of social ordering such as contracts, legislation, or agency rule making. From this vantage, the decision to use common law adjudication to address a sprawling public health crisis was a terrible mistake, as asbestos litigation has come to represent the very worst of mass tort litigation. This article questions this view, arguing that legal process analysis distorts the institutional choices underlying the American policy‐making process. Indeed, once one considers informational and political constraints, as well as how the branches of government can fruitfully share policy‐making functions, the asbestos litigation seems a reasonable and, in some ways, exemplary, use of judicial power.

2021 ◽  
Vol 17 (31) ◽  
pp. 33
Author(s):  
Ioannis Balampanidis ◽  
Sotiria Liakaki

In this paper, an in-depth quantitative and qualitative analysis of the “emergency” regulation in Greece over the years of acute economic crisis and up to the COVID-19 public health crisis is performed, to examine if this kind of regulation has been too extended and whether it undermined any effective policy design. According to our working hypothesis, the “fast-track” legislation highlights the fragmented and somewhat erratic way of policymaking in Greece, while it also affirms the country’s limited capacity to properly initiate and implement reforms. Thus, the paper focuses on the collection and evaluation of the legislative corpus during the 2009-2021 period; its objective being, on the one hand, to evaluate whether and how much each government resorted to the invocation of urgency and on the other hand to examine the documentation and description of the legislative process vis-àvis the imperatives and quality criteria of Better Regulation and EvidenceBased Policy Making. At the same time, the article focuses on legislative texts of the 2020-2021 COVID-19 health crisis period. It will showcase the latter as an additional trigger aggravating the “urgency” element of regulation, transforming it into a persistent feature of Greek policymaking. Ergo, we examine methods and practices at the international level, focusing especially on the Evidence-Based Policy Making paradigm. Based on the analysis of the crisis regulation and international EBPM best practices, the paper concludes with key recommendations for an effective policymaking procedure, dependent on the establishment of an integrated Center of Government in Greece.


2012 ◽  
pp. 83-88
Author(s):  
A. Zolotov ◽  
M. Mukhanov

А new approach to policy-making in the field of economic reforms in modernizing countries (on the sample of SME promotion) is the subject of this article. Based on summarizing the ten-year experience of de-bureaucratization policy implementation to reduce the administrative pressure on SME, the conclusion of its insufficient efficiency and sustainability is made. The alternative possibility is the positive reintegration approach, which provides multiparty policy-making process, special compensation mechanisms for the losing sides, monitoring and enforcement operations. In conclusion matching between positive reintegration principles and socio-cultural factors inherent in modernization process is provided.


2020 ◽  
Vol 29 (3) ◽  
pp. 135-171
Author(s):  
Jeong Ho Yoo ◽  
Yunju Yang ◽  
Ji Hye Choi ◽  
Seung Taek Lee ◽  
Rosa Minhyo Cho

2020 ◽  
Vol 20 ◽  
Author(s):  
Miribane Dërmaku-Sopjani ◽  
Mentor Sopjani

Abstract:: The coronavirus disease 2019 (COVID-19) is currently a new public health crisis threatening the world. This pandemic disease is caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The virus has been reported to be originated in bats and by yet unknown intermediary animals were transmitted to humans in China 2019. The SARSCoV- 2 spreads faster than its two ancestors the SARS-CoV and Middle East respiratory syndrome coronavirus (MERSCoV) but has reduced fatality. At present, the SARS-CoV-2 has caused about a 1.16 million of deaths with more than 43.4 million confirmed cases worldwide, resulting in a serious threat to public health globally with yet uncertain impact. The disease is transmitted by inhalation or direct contact with an infected person. The incubation period ranges from 1 to 14 days. COVID-19 is accompanied by various symptoms, including cough, fatigue. In most people the disease is mild, but in some other people, such as in elderly and people with chronic diseases, it may progress from pneumonia to a multi-organ dysfunction. Many people are reported asymptomatic. The virus genome is sequenced, but new variants are reported. Numerous biochemical aspects of its structure and function are revealed. To date, no clinically approved vaccines and/or specific therapeutic drugs are available to prevent or treat the COVID-19. However, there are reported intensive researches on the SARSCoV- 2 to potentially identify vaccines and/or drug targets, which may help to overcome the disease. In this review, we discuss recent advances in understanding the molecular structure of SARS-CoV-2 and its biochemical characteristics.


2019 ◽  
Vol 16 (11) ◽  
pp. 1202-1210 ◽  
Author(s):  
Michael Joseps Hearn ◽  
Gwendolyn Towers ◽  
Michael Henry Cynamon

Background:With approximately one-third of the world’s population infected, tuberculosis continues to be a global public health crisis. The rise of strains that are unusually virulent or highly resistant to current drugs is a cause of special concern, prompting research into new classes of compounds, as well as the re-evaluation of known chemotherapeutic agents.Objectives:The antimycobacterial activities associated with some recently-reported thiocarbonyl compounds kindled our interest in the synthesis of substituted hydrazinecarbothioamides (3) and carbonothioic dihydrazides (4), with the aim of investigating their potential in antitubercular drug design and discovery.Methods:In the present study, the title compounds 3 and 4 were prepared by the condensation of hydrazines with isothiocyanates in reactions readily controlled by stoichiometry, temperature and solvent. The compounds were assessed against Mycobacterium bovis BCG in Kirby-Bauer disc diffusion, and minimum inhibitory concentrations were determined against the virulent strain M. tuberculosis Erdman.Results:The chemical structures of these thermally stable compounds were determined by IR, 1HNMR, 13C-NMR, high-resolution mass spectrometry and elemental analysis. In the Kirby-Bauer disc diffusion assay, some of the compounds showed substantial diameters of inhibition against BCG. In some cases, the zones of inhibition were so large that no growth at all was observed on the assay plates. Against M. tuberculosis Erdman, several of the compounds showed significant activities. Compound 3h was the most active, demonstrating a minimum inhibitory concentration of 0.5 µg/mL.Conclusion:We found that the title compounds may be prepared conveniently in excellent purity and good yields. They are readily identified on the basis of their characteristic spectra. Some members of this class showed significant activities against mycobacteria. We conclude that further work will be warranted in exploring the antitubercular properties of these compounds.


Coronaviruses ◽  
2020 ◽  
Vol 01 ◽  
Author(s):  
Saeed Khan ◽  
Tusha Sharma ◽  
Basu Dev Banerjee ◽  
Scotty Branch ◽  
Shea Harrelson

: Currently, Coronavirus disease 2019 (COVID-19) has transformed into a severe public health crisis and wreaking havoc worldwide. The ongoing pandemic has exposed the public healthcare system's weaknesses and highlighted the urgent need for investments in scientific programs and policies. A comprehensive program utilizing the science and technologydriven strategies combined with well-resourced healthcare organizations appears to be essential for current and future outbreak management.


Sign in / Sign up

Export Citation Format

Share Document