practice

Agenda Overview

  • Contacting me via e-mail
    • If there is no response within 48 hours, please send a reminder.
    • Concern of emails falling through the cracks.
  • Discussion Points
    • Notes on the first skill-building exercise in the textbook.
    • Examination of 5 Course Themes.
    • Overview of the Asbestos Case.
    • Background information on Asbestos and its relation to the themes.
    • More lecture-oriented as many students may not have the textbook yet.
    • If time permits, hints regarding the upcoming paper.

First Skill Building Exercise in Textbook

  • Detailed Components
    1. Illustrate the social science method in a world characterized by imperfect information.
    2. Highlight two types of knowledge within a medical context:
    • Diagnostic Knowledge:
      • Coding a case (distinguishing between seasonal flu and COVID).
    • Risk Factors (Scope Conditions):
      • Identification of conditions indicating when potential patients are likely to contract COVID.
    1. Demonstrate the iterative nature of knowledge acquisition in the context of social studies.
    2. Application to the “CCV v. DCV” debate:
    • Diagnostic Knowledge:
      • Coding cases as either CCV (COVID Confirmed Viral) or DCV (Differential COVID Viral).
    • Risk Factors/Scope Conditions:
      • Considerations of when CCV and DCV are more likely present among the unobserved population of cases.

Five Course Themes: Overview

  • Theme 1: Demands for “total justice” versus “lumping it”
  • Theme 2: Different methods to address demands for total justice, referred to as “institutional choice.”
  • Theme 3: The outsized role of litigation in the United States.
  • Theme 4: Litigation as a distinct method of policymaking characterized by pros and cons.
  • Theme 5: Policy originates from interactions among various branches and levels of government.

Asbestos Case: Background

  • Definition of Asbestos:
    • A naturally occurring substance colloquially known as a “magic mineral” due to its properties:
      • Fireproof.
      • Corrosion-proof.
      • Stronger than steel.
      • Flexible enough to be woven into fabric.
  • Scientific Inquiry:
    • What is the “half-life” of a rock?
    • Inquiry into whether rocks evaporate.

Consumption Patterns of Asbestos in the U.S.

  • Graphical Data:
    • Accumulated apparent asbestos consumption from 1900 to 2003, measured in thousands of metric tons.
    • Total consumption exceeding 30 million metric tons.
    • Key paradigms of study include socio-economic implications over decades.

Exposure to Asbestos Fibers

  • Health Risks Associated with Asbestos:
    • Exposure is potentially lethal and can cause several serious health conditions:
    • Asbestosis: A chronic lung disease resulting from inhaling asbestos fibers.
    • Mesothelioma: A rare form of cancer that affects the lining of the lungs, chest cavity, or abdomen, predominantly linked to asbestos exposure.
    • Lung and Other Cancers: Multiple cancer types linked to asbestos exposure.
    • Ongoing Concerns:
    • Asbestos present in existing structures and buildings, such as those impacted during 9/11.
    • Exposure risk in environments like the DMC on campus.
    • Asbestos is still utilized in certain applications within the U.S.
    • Continuous litigation surrounding asbestos in talcum powder products.

Theme 1: Asbestos and the Demand for “Total Justice”

  • Description of the repercussions
    • Considered the “worst industrial accident” in U.S. history.
    • Victims actively seek compensation.
    • Tough questions arise regarding what actions should be taken to address these grievances.

Theme 2: Institutional Choice

  • Dynamics of Institutional Design
    • Explore federal, state, and local legislative and judicial choices.
    • Discuss the concept of “Fractal” institutional design in American politics and policy-making, reflecting the complexities and variances.

Workers' Options in Asbestos Cases

  • Two Main Routes Available:
    1. Workers’ Compensation Programs:
    • Primarily designed for traumatic injuries, not for occupational diseases like those arising from asbestos exposure.
    • Numerous attempts have been made to create a federal program for those affected, none successfully passed.
    1. Private Lawsuits:
    • Cases often include sympathetic plaintiffs, however, legal experts have indicated doubts regarding the validity of claims.
    • By the late 1960s, courts began to acknowledge “product liability” claims regarding failure to warn about dangers, despite countering expert testimonies.

Theme 3: Surge of Litigation

  • Historical Context
    • Documented litigation across 75 of 83 economic categories.
    • Asbestos-related diseases are more common in the Netherlands with numerous lawsuits as of 1991.
    • A marked increase in litigation presence in recent years, currently over 40,000 active cases regarding talcum powder linked to asbestos exposure.

Theme 4: Litigation as Policy-Making

  • Understanding the Policy-Making Cycle
    • Defined phases:
      • Mobilization: From injury to claim initiation.
      • Agenda Setting: Filing a suit as a method of establishing the issue in the public sphere.
      • Information Gathering: Discovery phase allows for collection of evidence.
      • Rulemaking: Court rulings establish legal precedents.
      • Implementation: Remedies are enforced through law.
    • Asbestos litigation effectively mobilizes, sets agendas, and gathers information. However, it struggles with coherent rulemaking and aimed implementation.
    • Distinction between Judicial power and coercion, exploring how policies are upheld or enforced.

U.S. Encouragement of Judicial Policy-Making

  • Various Incentives for Judicial Action
    • Mobilization facilitated through contingency fees.
    • Agenda setting through methodologies like “notice pleading.”
    • Information gathering is empowered by extensive “discovery” rights.
    • Rulemaking is influenced by the selection of politically aligned judges.
    • Implementation further affected by the powers granted to courts via injunctive measures.

Theme 4 Continued: Characteristics of Litigation

  • Examination of Litigation’s Dual Nature
    • Positive Aspects:
      • Innovation and responsiveness to societal needs.
      • Raised awareness and mobilized public interests.
      • Provided some degree of relief for claimants.
    • Negative Aspects:
      • Slow processes wherein claims can protract over years.
      • Inconsistency, described as operating like a lottery.
      • High administrative costs exceeding $325 billion in current figures.
      • Administrative costs surpassing 50% of claims awarded.

Theme 5: Interbranch Dynamics

  • Analysis of Policy-Making Perspectives
    • Single Actor Perspective:
      • State programs highlight gaps in the safety net for victims.
      • Congressional gridlock results in stagnant policy progress.
      • Judicial activism fills the void left by inadequate state and federal interventions.
    • Interbranch Perspective:
      • The inadequacies of state compensation programs along with congressional gridlock produce opportunities for judicial innovation.
      • The void in policy-making is filled by the judiciary's activities, demonstrating the interplay between branches of government.