26 research outputs found

    Risk perceptions starting to shift? U.S. citizens are forming opinions about nanotechnology

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    This article presents early results from an opinion formation study based on a 76-member panel of U.S. citizens, with comparison data from a group of 177 nanotechnology experts. While initially similar to the expert group in terms of their perceptions of the risks, benefits, and need for regulation characterizing several forms of nanotechnology, the first follow-up survey indicates that the panel is beginning to diverge from the experts, particularly with respect to perceptions of the levels of various ā€œsocietalā€ risks that nanotechnology might present. The data suggest that responding to public concerns may involve more than attention to physical risks in areas such as health and environment; concerns about other forms of risk actually appear more salient

    From Expert Administration to Accountability Network: A New Paradigm for Comparative Administrative Law

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    Notwithstanding the radically changed landscape of contemporary administrative governance, the categories that guide comparative administrative law and that determine what will be compared remain similar to those used at the founding of the discipline in the late 1800s. These categories are rooted in confidence in an expert bureaucracy to accomplish public purposes and are mainly twofold - administrative organization and judicial review. This outdated model has limited the ability of comparative law to engage with contemporary debates on the administrative state, which instead display considerable skepticism of public administration and are premised on achieving the public good through a plural accountability network of public and private actors. This Article seeks to correct the anachronism by reframing comparative administrative law as an accountability network of rules and procedures designed to embed public administration and civil servants in their liberal democratic societies: accountability to elected officials, organized interests, the courts, and the general public. Based on this paradigm, the Article compares American and European administrative law in a global context. Among the many differences explored are parliamentary versus presidential political control, pluralist versus neo-corporatist forms of self-regulation and public-private collaboration, judicial review focused on fundamental rights versus policy rationality, and reliance on ombudsmen in lieu of courts. The Article concludes with a number of suggestions for how comparative law can speak to current debates on reforming administrative governance
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