scholarly journals The Limitations of Legal Institutions For Addressing Environmental Risks

1991 ◽  
Vol 5 (3) ◽  
pp. 93-113 ◽  
Author(s):  
Peter S Menell

This article assesses the major systems of environmental liability in the United States—the toxic tort system and Superfund. The discussion of each of these areas first lays out the scientific background of the environmental problems and the applicable regulatory regime. It then analyzes the efficacy of these regimes for addressing environmental problems and suggests alternative institutional designs for better promoting the goals of equitable and cost-effective compensation of disease victims and efficient deterrence and remediation of environmental degradation.

2018 ◽  
Vol 16 (4) ◽  
pp. 919-937 ◽  
Author(s):  
Ruth Berins Collier ◽  
V.B. Dubal ◽  
Christopher L. Carter

Platform companies disrupt not only the economic sectors they enter, but also the regulatory regimes that govern those sectors. We examine Uber in the United States as a case of regulating this disruption in different arenas: cities, state legislatures, and judicial venues. We find that the politics of Uber regulation does not conform to existing models of regulation. We describe instead a pattern of “disruptive regulation”, characterized by a challenger-incumbent cleavage, in two steps. First, an existing regulatory regime is not deregulated but successfully disregarded by a new entrant. Second, the politics of subsequently regulating the challenger leads to a dual regulatory regime. In the case of Uber, disruptive regulation takes the form of challenger capture, an elite-driven pattern, in which the challenger has largely prevailed. It is further characterized by the surrogate representation of dispersed actors—customers and drivers—who do not have autonomous power and who rely instead on shifting alignments with the challenger and incumbent. In its surrogate capacity in city and state regulation, Uber has frequently mobilized large numbers of customers and drivers to lobby for policy outcomes that allow it to continue to provide service on terms it finds acceptable. Because drivers have reaped less advantage from these alignments, labor issues have been taken up in judicial venues, again primarily by surrogates (usually plaintiffs’ attorneys) but to date have not been successful.


2015 ◽  
Vol 4 (6) ◽  
pp. 82 ◽  
Author(s):  
Julie M. Mhlaba ◽  
Emily W. Stockert ◽  
Martin Coronel ◽  
Alexander J. Langerman

Objective: Operating rooms (OR) generate a large portion of hospital revenue and waste. Consequently, improving efficiency and reducing waste is a high priority. Our objective was to quantify waste associated with opened but unused instruments from trays and to compare this with the cost of individually wrapping instruments.Methods: Data was collected from June to November of 2013 in a 550-bed hospital in the United States. We recorded the instrument usage of two commonly-used trays for ten cases each. The time to decontaminate and reassemble instrument trays and peel packs was measured, and the cost to reprocess one instrument was calculated.Results: Average utilization was 14% for the Plastic Soft Tissue Tray and 29% for the Major Laparotomy Tray. Of 98 instruments in the Plastics tray (n = 10), 0% was used in all cases observed and 59% were used in no observed cases. Of 110 instruments in the Major Tray (n = 10), 0% was used in all cases observed and 25% were used in no observed cases. Average cost to reprocess one instrument was $0.34-$0.47 in a tray and $0.81-$0.84 in a peel pack, or individually-wrapped instrument.Conclusions: We estimate that the cost of peel packing an instrument is roughly two times the cost of tray packing. Therefore, it becomes more cost effective from a processing standpoint to package an instrument in a peel pack when there is less than a 42%-56% probability of use depending on instrument type. This study demonstrates an opportunity for reorganization of instrument delivery that could result in a significant cost-savings and waste reduction.


ILR Review ◽  
2016 ◽  
Vol 70 (2) ◽  
pp. 519-551 ◽  
Author(s):  
Cory Koedel ◽  
P. Brett Xiang

The authors use data from workers in the largest public-sector occupation in the United States—teaching—to examine the effect of pension enhancements on employee retention. Specifically, they study a 1999 enhancement to the benefit formula for public school teachers in St. Louis, Missouri, that resulted in an immediate and dramatic increase in their incentives to remain in covered employment. To identify the effect of the enhancement on teacher retention, the analysis leverages the fact that the strength of the incentive increase varied across the workforce depending on how far teachers were from retirement eligibility when it was enacted. The results indicate that the St. Louis enhancement—which was structurally similar to enhancements that were enacted in other public pension plans across the United States in the late 1990s and early 2000s—was not a cost-effective way to increase employee retention.


10.36469/9861 ◽  
2013 ◽  
Vol 1 (2) ◽  
pp. 134-150 ◽  
Author(s):  
J. Mark Stephens ◽  
Samuel Brotherton ◽  
Stephan C. Dunning ◽  
Larry C. Emerson ◽  
David T. Gilbertson ◽  
...  

Background: The costs of transporting end-stage renal disease (ESRD) patients to dialysis centers are high and growing rapidly. Research has suggested that substantial cost savings could be achieved if medically appropriate transport was made available and covered by Medicare. Objectives: To estimate US dialysis transportation costs from a purchaser’s perspective, and to estimate cost savings that could be achieved if less expensive means of transport were utilized. Methods: Costs were estimated using an actuarial model. Travel distance estimates were calculated using GIS software from patient ZIP codes and dialysis facility addresses. Cost and utilization estimates were derived from fee schedules, government reports, transportation websites and peer-reviewed literature. Results: The estimated annual cost of dialysis transportation in the United States is $3.0 billion, half of which is for ambulances. Most other costs are due to transport via ambulettes, wheelchair vans and taxis. Approximately 5% of costs incurred are for private vehicle or public transportation use. If ambulance use dropped to 1% of trips from the current 5%, costs could be reduced by one-third. Conclusions: Decision-makers should consider policies to reduce ambulance use, while providing appropriate levels of care.


1992 ◽  
Vol 47 (3) ◽  
pp. 112-120
Author(s):  
A. Gurtner-Zimmermann

Abstract. Over the last decades, Canada and Switzerland, countries with "small" economies, when compared with their neighbours, have experienced increasing economic Integration with their main trading partners, the United States and the European Community (EC) respectively. Using a political-economic approach, this article analyzes the effects of growmg Integration for management of transboundary, environmental problems in North America. As well, in view of the Canadian experience, possible implications for Switzerland in its future relationship to the EC are addressed. In the past the Canadian-American debate over transboundary environmental problems has centered around questions of territory. Despite increasing economic Integration, the dominant reaction to ecological interdependence has been reliance on national policies. In accordance with the American, economic leadership in the continental System, the kind of political response to transboundary, environmental Problems is mainly dictated by the importance of the problem in the United States. The Great Lakes are an area of mutual concern and, therefore, an example for limited, environmental Cooperation and the adoption of an environmental advanced Position. In the U. S., the political response to acid rain was reactive and delayed, since only certain regions were concerned. Despite Canadian domestic and international efforts during the 1980s, until recently no significant progress has been made in developing effective measures to abate air emissions. The conclusion of the Canada-U. S. Free Trade Agreement (FTA) in 1988 did not change the very nature of the mutual environmental relationship. However, in the corollary to the FTA serious threats to the environment can be identified. Liberalized trade and restrained State Intervention foster the accelerated exploitation of Canada's natural resources and further the harmonization of environmental Standards between the two countries. In view ofthe Canadian experience, the article concludes that for Switzerland an economic agreement with the EC without parallel environmental commitments could have significant, negative consequences.


Environments ◽  
2021 ◽  
Vol 8 (9) ◽  
pp. 91
Author(s):  
Bruce Dvorak

It has been 30 years since, in the United States, the Pollution Prevention Act of 1990 focused attention on reducing pollution through cost-effective changes in production, operation, and raw materials use [...]


Author(s):  
W E Short II

The chemical and petrochemical industries have decades of experience in specifying metallic piping lined with non-metals as a cost effective alternative to high-priced alloy materials of construction for piping in corrosive service. Early on, application of plastic piping was essentially limited to atmospheric chemical sewage service and to above-ground vents and drains. However, applications and usage of plastic piping continue to increase as engineers become more confident in specifying plastic materials and mechanical contractors gain experience with their installation. Non-metallic materials are being developed that are not only corrosion resistant but also have increasingly higher pressure and temperature capabilities. Plastic double-containment piping has experienced tremendous growth for handling hazards and toxic fluids. In the United States, recent dramatic growth of plastic double-containment piping applications has been, to a large extent, for compliance with the Environmental Protection Agency (EPA) regulations of the 1976 Resource Conservation and Recovery Act (RCRA). Related EPA regulatory efforts were accelerated in 1988 by more stringent amendments to this legislation. Industry in the United States must comply with these EPA regulations by December 1998. Plastic piping and metallic piping lined with non-metals have been covered to some extent by the ASME B31.3 Chemical Plant and Petroleum Refinery Piping Code for several years. The distinctive requirements of non-metallic piping and piping lined with non-metals were incorporated into the 1980 edition as a separate Chapter VII, which is dedicated to this growing area of interest in piping. This paper provides an overview of the present coverage of non-metallic piping lined with non-metals in the ASME B31.3 Chemical Plant and Petroleum Refinery Piping Code (1). Some topics that warrant further investigation are presented as well.


Hepatology ◽  
2017 ◽  
Vol 66 (1) ◽  
pp. 46-56 ◽  
Author(s):  
Aijaz Ahmed ◽  
Stevan A. Gonzalez ◽  
George Cholankeril ◽  
Ryan B. Perumpail ◽  
Justin McGinnis ◽  
...  

Author(s):  
John N. Drobak

Rethinking Market Regulation: Helping Labor by Overcoming Economic Myths tackles the plight of workers who lose their jobs from mergers and outsourcing by examining two economic “principles,” or narratives that have shaped the perception of the economic system in the United States today: (1) the notion that the U.S. economy is competitive, making government market regulation unnecessary, and (2) the claim that corporations exist for the benefit of their shareholders but not for other stakeholders. Contrary to popular belief, this book demonstrates that many markets are not competitive but rather are oligopolistic. This conclusion undercuts the common refrain that government market regulation is unnecessary because competition already provides sufficient constraints on business. Part of the lack of competition has resulted from the large mergers over the past few years, many of which have resulted in massive layoffs. The second narrative has justified the outsourcing of millions of jobs of U.S. workers this century, made possible by globalization. The book argues that this narrative is not an economic principle but rather a normative position. In effect, both narratives are myths, although they are accepted as truisms by many people. The book ties together a concern for the problems of using economic principles as a justification for the lack of government intervention with the harm that has been caused to workers. The book’s recommendations for a new regulatory regime are a prescription for helping labor by limiting job losses from mergers and outsourcing.


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