Lectures & Events

Bending Science: How Special Interests Corrupt Public Health Research
Center for Business Law and Regulation
OCT 29, 2008
4:00 PM - 5:30 PM
Moot Courtroom (A59)

What do we know about the possible poisons industrial technologies put in the air and water? How reliable is the science that federal regulators and legislators use to protect the public from dangerous products and pollutants? Co-authors Professor Wendy Wagner, Case Western Reserve University School of Law, and Professor Thomas O. McGarity, University of Texas, will reveal the range of sophisticated legal and financial tactics political and corporate advocates use to discredit or suppress research, or invent controversy on possible human health hazards.

Using compelling stories drawn entirely from the public record, they will describe the ways many advocates attempt to bend science to reach a convenient outcome or to “spin” inconvenient findings if they become public.

Following the talk, Professor Jonathan Adler, Director of the Center for Business Law and Regulation, will moderate commentary by E. Donald Elliott of Willkie Farr & Gallagher LLP and Duke University Professor Christopher Schroeder.
Speaker Information
Wendy WagnerProfessor Wendy Wagner
Case Western Reserve University School of Law

Wendy Wagner returned to the Case Western Reserve University School of Law faculty in 2008. She is also the Joe A. Worsham Centennial Professor at University of Texas School of Law. Earlier, Prof. Wagner had been a professor at Case Western Reserve University School of Law and a visiting professor at Columbia Law School and Vanderbilt School of Law. Prof. Wagner received her master’s degree in environmental studies from the Yale School of Forestry and Environmental Studies. She clerked for Hon. Judge Albert Engel, Chief Judge of the U.S. Court of Appeals for the 6th Circuit. Her research focuses on the law-science interface in environmental law and her articles have appeared in numerous journals, including the Columbia, Cornell, Duke, Illinois, Texas, Wisconsin, and Yale Law Reviews. She authored two books, Bending Science: How Special Interests Corrupt Public Health Research (with McGarity; Harvard 2008) and Rescuing Science from Politics: Regulation and the Distortion of Scientific Research (co-edited with Rena Steinzor; Cambridge 2006). Prof. Wagner serves on the National Academies of Sciences Committee on Stormwater Management and is a Member Scholar of the Center for Progressive Regulation.

Thomas O. McGarityThomas O. McGarity
R. and Teresa Lozano Long Endowed Chair in Administrative Law
University of Texas School of Law

Thomas O. McGarity has taught Environmental Law, Administrative Law and Torts at UT Law school since 1980. Prior to that he taught at the University of Kansas School of Law. After clerking for Judge William E. Doyle of the Federal Court of Appeals for the Tenth Circuit in Denver, Colorado, Prof. McGarity served as an attorney-advisor in the Office of General Counsel of the Environmental Protection Agency in Washington, D.C.

Prof. McGarity has written widely in the areas of Environmental Law and Administrative Law. A new book Bending Science: How Special Interests Corrupt Public Health Research (co-authored with Wendy Wagner) was published in May 2008 by Harvard University Press. The Yale University Press will be publishing his most recent book, The Preemption War: When Federal Bureaucracies Trump Local Jurie in October 2008.

Professor McGarity is immediate past president and a member of the Board of Directors of the Center for Progressive Reform, a nonprofit organization consisting of scholars who are committed to developing and sharing knowledge and information, with the ultimate aim of preserving the fundamental value of the life and health of human beings and the natural environment.

E. Donald ElliottE. Donald Elliott, Partner
Chair, Worldwide Environmental, Health and Safety Department
Willkie Farr & Gallagher LLP in Washington D.C.

Mr. Elliott has over 30 years of experience in all aspects of environmental and product liability law, including having served as General Counsel of the U.S. Environmental Protection Agency (1989-91). He also has expertise in Food & Drug law matters, representing biotechnology, pharmaceutical, and medical device companies in regulatory projects and transactions.

From 1981 through 1993, Mr. Elliott was a tenured professor at the Yale Law School, where he continues as an adjunct professor. Prior to joining Willkie in 2003, he was a partner and Co-Chair of the national environmental practice group at Paul, Hastings, Janofsky & Walker LLP. Earlier, he was a partner and head of the Environmental and Product Safety Department in the Washington office of Fried, Frank, Harris, Shriver & Jacobsen. Prior to that, Mr. Elliott served as Special Litigation Counsel, Corporate Environmental Programs, for the General Electric Company. He is admitted to the D.C. Bar, the U.S. Court of Appeals, D.C. Circuit; and the U.S. Court of Appeals, 2nd Circuit.

Mr. Elliott received his B.A. (1970) and J.D. (1974) degrees from Yale University. Following law school, he was law clerk to Judge Gerhard Gesell, U.S. District Court for the District of Columbia, and thereafter clerked for Chief Judge David Bazelon on the U.S. Court of Appeals for the D.C. Circuit.

Christopher SchroederChristopher Schroeder
Charles S. Murphy Professor of Law and Public Policy Studies
Duke University School of Law

Christopher H. Schroeder is director of the Program in Public Law at Duke University. His publications include a leading environmental law casebook, Environmental Regulation: Law, Science and Policy (6th Edition, 2008), Presidential Power Stories (with Curtis A. Bradley, 2008), A New Progressive Agenda for Public Health and the Environment (2005), a project of the Center for Progressive Reform (CPR), co-edited with Rena Steinzor. He has served on National Academy of Sciences and Institute of Medicine committees to evaluate the use of human intentional dosing studies by EPA and the adequacy of the U.S. drug safety system.

Prof. Schroeder has served as acting assistant attorney general in the Office of Legal Counsel at the Department of Justice, where he was responsible for legal advice to the attorney general, the executive office of the president and other executive branch agencies on a broad range of issues, including separation of powers, other constitutional issues, and matters of statutory interpretation and administrative law. He has also served as chief counsel to the Senate Judiciary Committee. He is of counsel to the firm of O'Melveny and Myers.

He received his B.A. degree from Princeton University in 1968, a M.Div. from Yale University in 1971, and his J.D. degree from University of California, Berkeley (Boalt Hall) in 1974, where he was editor-in-chief of the California Law Review.

Jonathan AdlerModerator:
Professor Jonathan Adler

Director of the Center for Business Law and Regulation
Case Western Reserve University School of Law

Additional Information
Open to the public at no cost. One and a half free hours of CLE credit will be available to lawyers who attend.

· Bending Science

Supplemental Readings:
· McGarity-Bending Science
· Suing the Scientists
· Saving Science

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