Sophisticated Sabotage: The Intellectual Games Used To Subvert Responsible Regulation

by McGarity, Thomas O.; Shapiro, Sidney; Bollier, David

• ISBN13: 9781585760824
• ISBN10: 158576082X
• Format: Paperback
• Copyright: 2004-06-01
• Publisher: West Academic

Summary

Sophisticated Sabotage: The Intellectual Games Used to Subvert Responsible Regulationexplores regulatory cost-benefit analysis, quantitative risk assessment, the monetization of intangible values, comparative risk assessment and cost-effectiveness analysis, and related sub-disciplines. By explaining the arguments advanced by supporters of these tools, and discussing contrary views through short excerpts from the literature,Sophisticated Sabotagedescribes how dubious risk assessment and economic models have come to dominate regulatory decisionmaking and now stymie urgently needed health, safety and environmental protections. Each excerpt is thoroughly explained and previewed. Each chapter concludes with an extensive annotated listing of further readings. The authors are leading experts in administrative and environmental law.

Table of Contents

ABOUT THE AUTHORS	vii
FOREWORD	ix
PREFACE	xi
INTRODUCTION
Monkey-Wrenching the Regulatory Process	5	(2)
Varieties of Intellectual Error and Deception	7	(1)
The Quantification Quagmire	8	(1)
The Eclipse of Moral Judgments by Economics	9	(2)
The Triumph of Theory Over Reality	11	(6)
CHAPTER 1: CIVIC VALUES VERSUS CORPORATE SCIENCE AND ECONOMICS
The Rise of New Analytic Techniques	17	(2)
The Rationale for Regulation	19	(6)
Democratic Values Versus Runaway Markets	25	(1)
Suggestions for Further Reading	26	(3)
Chapter 1 Endnotes	29	(5)
CHAPTER 2: THE MYTH OF "JUNK SCIENCE"
Scientific Uncertainty: An Inescapable Aspect of Regulation	34	(7)
Why Companies "Choose Ignorance"	41	(3)
Scientific Charades as an Evasion of Responsibility	44	(7)
The Seductions of Expertise in Risk Assessment	51	(7)
Conclusion: Scientific Illusions and Regulatory Needs	58	(1)
Suggestions for Further Reading	59	(4)
Chapter 2 Endnotes	63	(4)
CHAPTER 3: THE QUANTIFICATION QUAGMIRE
What Is Quantitative Risk Assessment?	67	(5)
Why Quantification Dominates Regulatory Decisionmaking	72	(5)
The Specious Accuracy of "Shiny Numbers"	77	(3)
The Hidden Value Judgments of "Best Estimates"	80	(6)
Inducing Paralysis Through Analysis	86	(6)
Conclusion	92	(2)
Suggestions for Further Reading	94	(4)
Chapter 3 Endnotes	98	(5)
CHAPTER 4: THE USE OF COMPARATIVE RISK ASSESSMENT TO DENY COMPLEXITY
The False Precision of Comparative Risk Assessment	103	(5)
How Hidden Value Choices Mold "Hard" Numbers	108	(3)
How Self-Appointed Experts Disenfranchise the Public	111	(7)
Is Cost-Effectiveness Relevant to Regulatory Priority-Setting?	118	(4)
The Mythical Regulatory Costs Calculated by Morrall	122	(4)
The Dubious Number-Crunching of Graham	126	(4)
Is the Government Committing "Statistical Murder"?	130	(4)
Conclusion	134	(1)
Suggestions for Further Reading	135	(3)
Chapter 4 Endnotes	138	(6)
CHAPTER 5: THE FETISH OF EFFICIENCY
Should Kaldor-Hicks Efficiency Replace Common-Law Rights?	144	(4)
It's Only Statistical People	148	(4)
How Efficiency Criteria Hurt Children, the Poor, and the Elderly	152	(4)
Conclusion	156	(1)
Suggestions for Further Reading	157	(3)
Chapter 5 Endnotes	160	(3)
CHAPTER 6: PRICING THE GRAND CANYON, CASHING OUT A LIFE
Wage Premiums as a Measure of Life's Value	163	(3)
The Subtle Deceits of the "Willingness-to-Pay" Standard	166	(3)
The Ultimate Turnaround: Regulation Kills People	169	(4)
The Economic Value of an Ecosystem	173	(7)
Whose Values?	180	(3)
Bias Against the Future?	183	(4)
Conclusion	187	(2)
Suggestions for Further Reading	189	(4)
Chapter 6 Endnotes	193	(5)
CHAPTER 7: SLIPSHOD METHODS FOR ESTIMATING REGULATORY COSTS
Uncertainties in Measuring Costs	198	(6)
Are Costs Systematically Overestimated?	204	(4)
Can Regulation Enhance Economic Performance?	208	(4)
Conclusion	212	(1)
Suggestions for Further Reading	213	(2)
Chapter 7 Endnotes	215	(3)
CHAPTER 8: BETTER WAYS TO REGULATE
Safety First	218	(4)
Address the Source, Not the Victim	222	(4)
Radical Technology-Forcing	226	(4)
Costs Should Be a Consideration, Not an Obsession	230	(2)
The Pragmatic Perspective	232	(1)
Make the Polluter Pay	233	(3)
Distribute Health, Safety, and Environmental Risks and Benefits Fairly	236	(9)
Repay Our Debt to the Future	245	(4)
Conclusion	249	(2)
Suggestions for Further Reading	251	(8)
Chapter 8 Endnotes	259	(4)
INDEX	263