In Defense of Regulatory Peer Review

J. B. Ruhl and James Salzman
Largely overlooked, but pertinent to the question of what role peer review could play, is the potential that agencies might misuse perfectly credible science, or so-called “good science,” by overstating the extent to which it supports their policy and regulatory decisions. No study has ever demonstrated whether use of regulatory peer review would have detected other instances, like the Klamath, in which the concern is that the agency has stretched…

Intelligent Design and the First Amendment: A Response

Jay D. Wexler
In late 2004, the school board of the Dover School District in Pennsylvania passed a series of measures requiring teachers to inform students that evolution is incomplete and to make available to students a textbook on “intelligent design” (“ID”), a purportedly scientific theory suggesting that an intelligent agent created the universe and everything in it, including human beings. In December 2005, a federal district Judge ruled that the school’s policies…

Wiley Rutledge, Executive Detention, and Judicial Conscience at War

John Ferren’s Salt of the Earth, Conscience of the Court is the first full biography of Rutledge, and the book not only lifts Rutledge from obscurity’s shadow; it also dispels any “limbo” surrounding the Court he served. Part I of this Article offers a brief biographical sketch showing that Rutledge deserves that much. His pre-judicial life as dean, legal reformer, and advocate of progressive politics provides context for his work…

Monsanto, Matsushita, and “Conscious Parallelism”: Towards a Judicial Resolution of the “Oligopoly Problem”

Matthew M. Bunda