front cover of Remembering Brown at Fifty
Remembering Brown at Fifty
The University of Illinois Commemorates Brown v. Board of Education
Edited by Orville Vernon Burton and David O'Brien
University of Illinois Press, 2009

Inspired by the University of Illinois's celebration of the Brown v. Board of Education decision's fiftieth anniversary, this collection addresses the significance of Brown in the contributors' lives or work in education and civil rights. Several authors describe their personal roles in the Brown case or similar cases, while others examine and illustrate events, performances, and exhibitions that were part of the anniversary commemoration. The book not only explores the repercussions of the Brown decision, but also stands as a historic document in its own right, preserving the reactions of many prominent intellectuals, artists, and activists fifty years after the decision.
 
Contributors are Kal Alston, Margaret L. Andersen, Kathryn H. Anthony, Nathaniel C. Banks, Bernice McNair Barnett, Christopher Benson, Ed Blankenheim, Julian Bond, Orville Vernon Burton, Jason Chambers, Constance Curry, Joseph A. De Laine Jr., Mary L. Dudziak, Joe R. Feagin, John Hope Franklin, Ophelia De Laine Gona, Lani Guinier, Darlene Clark Hine, Freeman A. Hrabowski III, John Jennings, Ralph Lemon, George Lipsitz, Jim Loewen, Laughlin McDonald, David O'Brien, James C. Onderdonk, Sekou Sundiata, Christopher Teal, Nicholas Watkins, Carrie Mae Weems, Juan Williams, and Joy Ann Williamson.

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front cover of What Process is Due?
What Process is Due?
Courts and Science-Policy Disputes
David M. O'Brien
Russell Sage Foundation, 1987
Are judges competent to decide complex scientific disputes over toxic chemicals and hazardous wastes? Have courts gone too far in awarding damages to victims? Does the judiciary unreasonably constrain free market forces and usurp power from democratically elected branches of government? What constitutes judicial "due process" in the regulation of health-safety and environmental risks? David O'Brien addresses these and other key questions in a comprehensive survey of the role of courts in resolving science-policy disputes. He theorizes that such disputes, with their burden of scientific uncertainty and intense value conflict, become judicialized in the United States because they pose an uncomfortable trilemma for policy makers: how to accommodate competing demands for scientific certainty, political compromise, and procedural fairness in the regulation of risks. When policy negotiations break down, courts are called on not to settle scientific controversies per se, but in their traditional role as independent tribunals for settling value conflicts and imposing norms in a pluralistic society. This interpretation is enhanced by a unique set of case studies, including DES and asbestos litigation and the ban on Tris (a carcinogenic flame-retardent). O'Brien's analytical framework and his detailed examples illuminate the extent, the implications, and the underlying causes of the judicialization of risk regulation.
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