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| | Rulemaking Ossification Is Real: A Response to Testing the Ossification Thesis | |
By Richard J. Pierce, Jr. | |
This Article responds to Testing the Ossification Thesis, in which Professors
Jason Yackee and Susan Yackee engage in an empirical study and claim
to find relatively weak evidence that ossification is either a serious or widespread
problem. This Response asserts that nothing in the Yackees’ study
contradicts or undermines the ossification hypothesis. Ossification is a real
problem that has a wide variety of serious adverse effects. It must be understood
so that we can effectively discuss potential means through which we can
enhance the efficacy and efficiency of regulation by federal agencies. This
Response reviews the methodology of the Yackees’ study, the dataset relied
upon, and the time period used, and suggests what would be appropriate normative
criteria in such a study.
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Volume 80
Number 5 |
July 2012 |
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