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Front Matter i-x
INTRODUCTION: EMERGING ISSUES IN HAZARD MANAGEMENT 1-5
REFERENCE 6-6
PART 1 UNCERTAINTY 7-8
Science and Its Limits: The Regulator's Dilemma 9-9
SCIENCE AND RARE EVENTS 10-10
"Scientific" Approaches to Rare Events 11-13
Low-Level Exposure 14-14
How Science Reacts to Intrinsic Uncertainty 15-16
THE ATTACK ON SCIENCE FROM THE SOCIOLOGY OF KNOWLEDGE 17-18
Technological Fix 19-19
The De Minimis Principle 20-21
CONCLUSIONS 22-22
REFERENCES 23-23
Causality of a Given Cancer After Known Radiation Exposure 24-24
ACCIDENTAL HARM IN POPULATIONS OF EXPOSED PERSONS 25-25
QUANTAL RESPONSE IN A POPULATION OF HARMED PERSONS 26-27
RADIOTHERAHY OR ACCIDENTAL HIGH-LEVEL RADIATION EXPOSURE 28-28
LOW-LEVEL EXPOSURE OF NORMAL POPULATIONS 29-29
RADIOBIOLOGICAL RESPONSE FUNCTIONS 30-33
PROBABILITY OF CAUSATION IN CANCER CASES 34-40
References 41-43
Dealing With Uncertainty About Risk in Risk Management 44-45
Risk Assessment Policy 46-46
Is Conservatism Protective? 47-48
The Social Costs of Error 49-49
Resource Constraints and Risk Management 50-50
Risk Transfers 51-51
CONSERVATISM IN RISK ASSESSMENT: COMMENTS 52-52
DE MINIMIS RISK 53-54
De Minimis Risk and Conflicting Social Objectives 55-55
Individual Versus Societal Definition of De Minimis Risk 56-56
Applying the De Minimis Concept 57-57
References 58-59
Scientists, Engineers, and the Burdens of Occupational Exposure: The Case of the Lead Standard 60-60
BACKGROUND OF THE OSHA LEAD STANDARD 61-64
HEARINGS ON THE OSHA STANDARD: SCIENCE, POLITICS, AND THE CLASH OF INTERESTS 65-71
THE FINAL LEAD STANDARD 72-74
CONCLUSIONS 75-75
References 76-76
PART 2 EQUITY AND COMPENSATION 77-78
Hypersusceptibility to Occupational Hazards 79-79
HYPERSUSCEPTIBLE GROUPS 80-83
SCREENING AND MONITORING 84-86
FAIRNESS 87-87
References 88-88
The Bhopalization of American Tort Law 89-89
Bipolarity 90-91
Timeliness 92-94
The Driving Force 95-95
CAN THE LEGAL SYSTEM COPE? 96-96
Regressive Incentives 97-98
Kindling the Flames 99-99
The Writing on the Wall 100-100
Institutional Competence 101-102
Deferring to the Experts 103-104
Compensating Victims 105-106
PUBLIC RISKS AND POLITICAL LEGITIMACY 107-107
NOTES 108-109
References 110-110
THE PRINCIPLE OF FORESEEABILITY 111-111
Fire and Wind Cases 112-112
Product Liability Cases 113-113
THE PRINCIPLE OF JOINT AND SEVERAL LIABILITY WITHOUT CONTRIBUTION 114-114
New Determinants of Duty 115-115
Mandatory Allocation of Damages Among Responsible Parties 116-116
References 117-117
Hazardous Waste Facility Siting: Community, Firm, and Governmental Perspectives 118-118
The Need for a Systems Approach 119-122
Risk Uncertainty 123-123
Public Perception of Risk 124-126
Equity and the Ethics of Risk Imposition 127-129
Institutional Distrust 130-130
Communicating Risk to the Public 131-131
Problem and Institutional Mismatch 132-132
Approach 1: Locational Opportunism 133-133
Approach 2: Imposition by Central Authority 134-134
Approach 3: Bartered Consent 135-136
Approach 4: Fairness-Centered Process 137-137
Conceptualizing the Siting Problem 138-138
An Ethical Base for Siting 139-139
Risk Reduction and Safety Assurance 140-140
The Role of Compensation 141-141
References 142-144
Hazard Compensation and Incentive Systems: An Economic Perspective 145-145
PROBLEM CHARACTERISTICS 146-147
DESIGNING INCENTIVE SYSTEMS FOR PROTECTIVE ACTIVITIES 148-149
Broadening the Time Horizon 150-150
Penalties and Fines 151-151
COMPENSATION IN SITING TECHNOLOGICAL FACILITIES 152-152
Wes-Con, Inc. 153-153
Wes-Con, Inc. 154-154
Self-Insurance Funds 155-155
Integrating Stakeholders and Stages 156-157
Eliciting Preferences for Communities 158-159
CONCLUSIONS 160-160
References 161-164
PART 3 MANAGING TECHNOLOGICAL HAZARDS 165-166
Economic, Legal, and Practical Problems in Hazardous Waste Cleanup and Management 167-167
HOW CLEAN IS CLEAN? 168-168
Harris Corporation 169-169
Sapp Battery Salvage 170-171
Jacksonville 172-172
Whitehouse Oil Pits 173-173
Tower Chemical 174-174
Liability Insurance 175-175
Cleanup Delays 176-176
Sovereign Immunity 177-177
PRACTICAL PROBLEMS 178-178
PROSPECTS FOR LONG-TERM MANAGEMENT 179-179
National Small-Quantity Generator Survey 180-180
Amnesty Days 181-181
The Case for Transfer Stations 182-182
Another Alternative: Incineration 183-183
CONCLUSION 184-184
Focusing Private-Sector Action on Public Hazards 185-186
CLEAN SITES INC.: GOALS AND ORGANIZATION 187-187
WHAT CAN CLEAN SITES INC. DO? 188-191
DIRECTIONS FOR THE FUTURE 192-192
References 193-196
Three Mile Island and Bhopal: Lessons Learned and Not Learned 197-198
LESSONS FOR INDUSTRY 199-200
LESSONS FOR REGULATORS 201-202
THE PUBLIC 203-203
SCIENTISTS AND ENGINEERS 204-204
References 205-205
Managing Technological Hazards: Success, Strain, and Surprise 206-206
INSTITUTIONS OF HAZARD MANAGEMENT 207-208
THE PERSISTENCE OF SURPRISE 209-210
LIMITS TO HAZARD MANAGEMENT 211-211
TECHNOLOGICAL AND BEHAVIORAL FIXES 212-216
SHIFTING ATTITUDES, INSTITUTIONS, AND ACTIVITIES 217-217
ACKNOWLEDGMENTS 218-218
References 219-220
ABOUT THE AUTHORS 221-225

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Hazards: Technology and Fairness (1986)

Chapter: Product Liability Cases

My Academies

Hazards: Technology and Fairness (1986)

Chapter: Product Liability Cases