100 Years of the National Research Council: Examining Judicial Deference to Agency Science
This project aims to further the School of Law’s interest in the relationship between science and the legal process, and its expertise in American Law. The National Academy of Sciences established the National Research Council in 1916 at the request of President Wilson to recruit specialists from the larger scientific and technological communities to participate in the Academy's advisory work to the government. Recognizing the value of scientific advice to the nation in times of peace as well as war, Wilson issued an executive order at the close of World War I asking the Academy to perpetuate the National Research Council. Since then, the National Research Council has generated tens of reports on scientific issues relevant to a plethora of areas, including criminal justice, environment and public health. These reports have been used by petitioners and courts to aid the assessment of legal claims. These sorts of claims force the NRC, science and the legal process to intersect. However, there is a general view that the NRC’s findings are afforded less deference by the courts in comparison to those issued by Federal Agencies. This all falls under the concept of ‘agency science.’ Aims This projects aims to:
1. Critically compare judicial approaches taken to ‘agency science’ as provided by the by the NRC and federal agencies in order to: a. Create a typology of relevant case law. b. Identify theoretical drivers underpinning judicial decision-making in these cases. c. Contribute to the growing body of literature concerned with the intersection of law and science and the practical and philosophical tensions that exist at that juncture. d. Inform National Research Council and federal agency policies.