Book Reviews

From 4 Risk (1993)

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Fred Blosser, Primer on Occupational Safety and Health (BNA 1992) [374 pp.] Appendices (e.g., forms, OSHA Inspection Procedures, OSHA/EPA Memorandum of Understanding, statute), glossary, index, preface, table of cases. LC 91-43769; ISBN 0-87179-741-0. [$46.00 paper. 1250 23d Street, NW, Ste. 300B; Washington DC 20037.]

In 136 pages, Blosser's primer provides a comprehensive overview of the Occupational Safety and Health Act (the Act) which created several well-known federal agencies to oversee worker health and safety: the Occupational Safety and Health Administration (OSHA), the Occupational Safety and Health Review Commission (OSHRC), and the National Institute for Occupational Safety (NIOSH). Most of the rest of the book (200 pages) is devoted to appendices as set forth above.

Blosser's book begins with explanations of elementary concepts and the basic structure of federal regulation. It then leads the reader through pertinent aspects of the Act and regulations promulgated since its passage. As one would expect from a primer, the book is geared toward persons in the public and private sectors who may not need detailed knowledge of all regulatory issues concerning employee health and safety but do require general knowledge, e.g., middle managers.

Throughout, Blosser intermingles relevant historical references with the names of key people who were instrumental in developing today's rules and regulations. He also reminds readers that these rules attempt to strike a balance between the interests of employees and employers as well as between the Federal and state governments who share authority.

After a ten page overview, three chapters cover, respectively, OSHA standards, record keeping requirements and enforcement. Here, inspection procedures and categories of violations are discussed -- as well as possible fines, settlement, and review by the OSHRC and the courts. Also, with regard to record keeping, there is some discussion of employee privacy.

Chapter 5 discusses employees' protected activities, e.g., complaining about unsafe working conditions, and employees' right not to be discriminated against for engaging in such activities. Chapters 6 through 8 discuss, respectively, the relationship between state and federal governments, including federal preemption; the obligations of federal agencies as employers with regard to employee safety; and the research programs of the NIOSH.

The last chapter adds a nice touch by going "beyond OSHA" and highlighting related programs under statutes governing mine, nuclear and aviation industries. It also briefly discusses several relevant environmental statutes. Although not detailed, this chapter generally cites prominent parts of statutes. It often also cites regulations and leading cases.

This primer provides insight into the basic effects of federal and state regulatory processes on worker health and safety. Blosser uses an easily understood, structured approach to a myriad of laws and regulations governing employee health and safety. He is adept at condensing complicated regulatory law into readable, concise language that can be understood by non-lawyers. People who need a place to start in learning about worker health and safety requirements would do well to consider his book. As a former industrial research employee, I found it both fascinating and informative.

Scott D. Rothenberger*

* Dr. Rothenberger has a B.S. (Chemistry), Albright College and Ph.D. (Organic Chemistry), University of New Hampshire. After several years in academic and industrial research laboratories, he is a J.D. candidate at Franklin Pierce Law Center.

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Valerie M. Fogleman, Hazardous Waste Cleanup, Liability and Litigation: A Comprehensive Guide to Superfund Law (Quorum Books 1992) [320 pp.] Acronyms, index, preface, selected bibliography. LC 91-47999, ISBN 0-89930-647-0. [$59.95 cloth. 88 Post Road West; Westport CT 06881.]

Fogleman, an environmental attorney who specializes in environmental liability issues, has authored several publications on the subject. In this practical guide, she attempts to reconcile the complexities and ambiguities created by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended by the Superfund Amendment and Reauthorization Act (SARA), commonly referred to as Superfund legislation. This legislation establishes a national program for cleanup of abandoned and uncontrolled hazardous waste sites in the U. S.

The Superfund program is not without difficulties, and Fogleman attributes much of these difficulties to a hastily-enacted CERCLA, passed in 1980 "in the closing days of a lame duck Congress."1 After criticizing the "scant" legislative history, she examines the intricacies of the Superfund process, Environmental Protection Agency (EPA) enforcement and settlement procedures, and Superfund litigation. The Superfund process is described from discovery of an abandoned or uncontrolled hazardous waste site to its eventual cleanup. Next, Fogleman examines the types and scope of the EPA's enforcement mechanisms under Superfund, including the EPA's authority to negotiate settlements with potentially responsible parties (PRPs). The remaining chapters examine aspects of Superfund litigation, focusing on cleanup cost-recovery issues, PRPs, standards for liability and natural resource damages.

The book is intended to provide attorneys and business managers alike with a practical and comprehensive guide to Superfund law and liability. Although the book generally serves this purpose, much of the discussion is best suited to those with knowledge of basic legal concepts. As a result, individuals unfamiliar with such fundamental legal concepts as judicial review, administrative law and process and strict liability, may have difficulty understanding all aspects of the text. Nevertheless, lawyers and business managers acquainted with environmental regulation will find the book useful as a resource for Superfund law and liability. Managers, in particular, will undoubtedly be interested in chapters 7 and 8, where Fogleman analyzes (1) the criteria used to designate individuals and entities as PRPs, and (2) the resultant Superfund liability of those so designated.

The analysis indicates that the Superfund liability scheme is unparalleled in its reach, subjecting corporations, corporate officers, directors, and employees, many other individuals and entities, and lending institutions to liability for multimillion dollar cleanups. Such liability can indeed be exorbitant and, at times, unlimited. For example, a PRP may, as Fogleman indicates, be "liable for all [cleanup costs relating] to a release of a hazardous substance or incident involving the release of a hazardous substance," regardless of fault.2 As a consequence, PRPs and related individuals should find Fogleman's coverage of Superfund liability and available defenses helpful.

The book suggests that Superfund liability can be avoided by developing an understanding of the program's scheme and using this understanding to develop a proactive approach to hazardous waste control. Fogleman, in this work, successfully provides lawyers and relevant business managers with an important reference to Superfund law and liability.

Allan M. Soobert*

1 At 5.

2 At 226.

* Mr. Soobert has a B.S. (Electrical Engineering), Pennsylvania State University; M.S. (Electrical Engineering), George Mason University; and J.D., Franklin Pierce Law Center. He is an associate of Dorsey & Whitney, in Washington, D.C., specializing in intellectual property and international trade law, with additional interest in environmental law.

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John Harris, Wonderwoman and Superman: The Ethics of Human Biotechnology (Oxford University Press 1992) [271 pp.] Acknowledgements, further reading, index, introduction, notes. LC 91-23939; ISBN 0-19-2177540-0. [$22.95 cloth. 200 Madison Avenue; New York NY 10016.]

In this volume, John Harris, Professor of Applied Philosophy at the Centre for Social Ethics and Policy at the University of Manchester, presents a series of hypothetical ethical dilemmas that may arise as biotechnology progresses. While the title of the book focuses on the ultimate in potential human eugenic engineering, the creation of a wonderwoman or superman with physical capacities beyond those of current humans, his inquiry is broader -- but not so broad as to encompass bionic engineering

To lay a foundation, Harris begins by briefly tracking developments in biotechnology, particularly genetics. Then he addresses research on embryos and, e.g., in vitro fertilization and uterine implantation. He also examines storing embryos as sources of human cellular material and discusses clones. With regard to the latter, he ponders the potential for the vainglorious, in seeking immortality, to replace nuclei of stored embryos with their own.

Harris also considers "wrongful life," discussing litigation over whether it is better to be alive with a physical defect or to have never been born. After briefly reviewing the legal system's reticence to recognize an individual's right not to have been born, he concludes that "wrongful life" lawsuits should rarely succeed and proposes that, if we judge some people as "better off dead, we should make it easy for them to achieve the death they seek by legalizing voluntary euthanasia."1

Further, Harris explores possible solutions to dilemmas presented by wide-ranging potential for commercial and noncommercial exploitation of tissues -- primarily human embryos, aborted fetuses, anencephalic infants, living tissue donors and cadavers. With regard to the last, for example, he proposes that cadavers be regarded as "public property" and observes that:2

It has always seemed curious to me that the state can order a post-mortem examination to satisfy its curiosity about the cause of death, but not order cadaver transplants in order to save the lives of living citizens.
Not until the seventh chapter, does the book turn to the philosophical and legal implications of potential wonderwomen and supermen however created. He begins by analogizing to a possible objective of education, a sound mind in a sound body, and, quoting Shylock's inquiries in the Merchant of Venice,3 quickly shifts to the question of what it means to be "human."

If we can create superhumans, can we not also create subhumans? Will transgenic "humans" with genomic implants from other animals be human? Regardless of method, will some be engineered, e.g., for tolerance to environmental pollutants and harsh working conditions? Will they be used to improve the living and working conditions of "natural" humans -- or "superhumans"?

After raising such spectres in the last five chapters, Harris concludes by noting that all knowledge can be used for evil and by warning:4

If we fear such a world we must make sure that it does not become a reality. But our distaste for such possibilities should not prevent us from availing ourselves of the benefits of genetic screening. As always and as with any innovation whatsoever, it is up to us to decline the burdens.

Bradley J. Olson*

1 At 96.

2 At 103.

3 Act III, scene i, quoted at 143.

4 At 235.

* Mr. Olson has a B.A. (Biology), Central Connecticut State University and a M.S., University of Connecticut. After several years of biochemistry laboratory experience, he is a candidate for the J.D. and Masters of Intellectual Property (M.I.P.) at Franklin Pierce Law Center.

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Sheldon Krimsky & Alonzo Plough, Environmental Hazards: Communicating Risks As a Social Process (Auburn House 1988) [333 pp.] Acknowledgements, bibliographies, case chronologies, figures, foreword, glossaries of acronyms, index, notes. LC: 88-14467; ISBN: 0-8659-187-8. [$18.95 paper. 88 Post Road West, Westport CT 06881.]

This thoroughly researched collection of five environmental events focuses upon the social and cultural aspects of risk communication. Krimsky and Plough broadly define risk communication with a conventional meaning and a symbolic meaning. Conventionally, risk communication is defined as the transmission of technical information from the elites to the general public. Symbolically, risk communication refers to any public or private communication that informs individuals about the existence, nature, form, severity or acceptability of risks.1 Five chapters address different case studies of environmental risk in historical and regulatory context.

The first case addresses the permissible residues of the pesticide and soil fumigant ethylene dibromide (EDB) in grain products -- an environmental risk with national impact. It illustrates risks associated with low-dose and long-term exposure to pesticide residues in foods and compares federal and state risk communication activities.2

The second concerns the release of genetically engineered organisms into the environment. Proposals to open field test the "ice minus" bacterium posed hypothetical risks due the the lack of empirical data about the consequence of such a release.3

The third case addresses the risk of naturally-forming radon gas in homes, focusing on the many players involved in risk communication, including the media and the government. Comparisons of two states, Pennsylvania and Massachusetts, with markedly different levels of radon also illustrate the role of state agencies and citizen groups.4

The fourth centers on the release of arsenic emission from a copper smelter. Due to the uncertainly about the health effects of long-term exposure to low doses of arsenic, this case presents the dilemma between setting low standards which may result in the possibility of plant closure and high standards which evoke public opposition.5

The last case examines a Superfund chemical waste site and the accompanying problem of the unknown adverse health effects associated with it.

In their study of these cases, Krimsky and Plough set out to illustrate the different modes of environmental risk communication to the public, their responses to the messages and factors that hinder or effectuate successful communication.6 They clearly accomplish this and provide a structured framework for guiding environmental risk communication in events with varying complexity.

Throughout, Krimsky and Plough distinguish technical and cultural aspects of risk, emphasizing the latter. While the former can be regarded as largely independent of culture, popular culture provides a critical framework for communicating and managing risk. Neither can occur absent the cultural perspective the authors address. Those whose backgrounds tend to focus on the technical aspects of environmental risk should gain much from examining the studies of the cultural and social aspects of public risk communication explored in Environmental Hazards.

Christine M. Wilkes*

1 Introduction at 5.

2 Id., at 8.

3 Id. The bacterium was so-named to signify removal of a gene associated with ice nucleation.

4 At 132.

5 Introduction at 9.

6 Id., at 7.

*Ms. Wilkes has a B.Ch.E.,Villanova University, and is a candidate for J.D. and M.I.P. degrees at Franklin Pierce Law Center.

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Wesley A. Magat & W. Kip Viscusi, Informational Approaches To Regulation (MIT Press 1992) [274 pp.] Appendices, endnotes, illustrations, index, list of titles in the Regulation of Economic Activity series, list of tables and figures, preface, series foreword. LC 91-29483; ISBN 0-262-13277-X. [$32.50 cloth. 55 Hayward Street; Cambridge MA 02142.]

This is the nineteenth in a series. As pointed out in a foreword:1
Economists generally assume that workers and consumers are supremely competent, unboundedly rational information processors. Accordingly, economists have long argued that if the government has a choice between banning a risky product or activity or providing information..., it should choose information.... And, for a variety of reasons, during the 1980s the federal government substantially increased its reliance on hazard warnings.
As noneconomists might suspect... analysis of these programs indicates that individuals' response... depends on exactly what information is provided and how...
The work described in Informational Approaches begins to address that problem. Indeed, it addresses one broader than indicated above -- not only can mandated information substitute for product regulation short of bans, but it can also guide consumer choices in circumstances lacking any immediate threat of personal injury.

With Joel Huber, who coauthored three (of five) chapters, and John W. Payne, who coauthored another, in 188 pages, Magat and Viscusi review the literature and describe original surveys and experiments to evaluate whether information accomplishes its regulatory objectives.2 Three studies are the focus of the volume. One involves health risks presented by pesticides and chemicals, and a second, warnings about carcinogenic food substances. The last, however, "examines home energy audits and addresses the role of the structure of the energy efficiency information presented and its effect on consumer behavior."3

The authors conclude, not surprisingly, that, while providing hazard information is beneficial, different risks require different approaches. More specifically, they caution, e.g., against recipients' being inundated with information and urge care in the design of presentations:4

The exact wording of a warning... cannot be determined in the abstract. Although enough is known about the effects of labels to enable a government agency to decide on the appropriateness of a warning message, more precise knowledge is needed.... Experiments should be carried out... in much the same way as described earlier in this book. It is irresponsible... to mandate a specific warning without tests or an experimental foundation to assess the likely consumer responses.
As they acknowledge, contributions from disciplines other than economics are important.5 Yet, their perspective seems sometimes to be unduly narrow, even judgmental:6
In wording, format, and general approach the objective of informational policies should not be to have as strong an impact on behavior as possible. The objective should be sound decisions, not altered decisions. [Emphasis added.]
Normative considerations aside, many would regard good information as only part of the solution in addressing risky behavior.7

Still, Magat and Viscusi have culled an incredible amount of information from their data and are to be commended for identifying work that needs to be done and suggesting ways to do it. Most readers of Risk will find Informational Approaches to be of great interest.

Juanita V. Field & Thomas G. Field, Jr.*

1 Nancy Rose and Richard Schmalensee, general editors, at xv.

2 The remainder comprises appendices that mostly reproduce questionnaires and information presented to subjects. However, one contains multivariate results, and another entitled "Determination of Risk Avoidance Values" is apt to be unfathomable to anyone but economists.

3 At 10.

4 At 178-79.

5 At xvi.

6 At 185.

7 See, e.g., Galen E. Cole, David R. Holtgrave & Nilka M. Rios, Systematic Development of Trans-Theoretically Based Behavioral Risk Management Programs, 4 Risk 67 (1993); or Branden B. Johnson, Advancing Knowledge's Role in Lay Risk Perception, infra at 189.

* Respectively, Assistant Professor of Psychology, Plymouth State College, and Professor of Law, Franklin Pierce Law Center.

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Management of Hazardous Agents: (V. 1) Industrial and Regulatory Approaches; (V. 2) Social, Political, and Policy Aspects (Duane G. LeVine & Arthur C. Upton eds., Praeger 1992) Each volume contains: bibliography, series foreword, foreword, figures, notes, biographical references, tables, index. Vol. 1: [194 pp.] LC-92-167 ISBN 0-275-94322-4. Vol. 2: [188 pp.] ISBN 0-275-94323-2. [Cloth, each $49.95. 88 Post Road West; Westport CT 06881.]

These volumes are the first in the Only One Earth series and contain compelling essays based on forums at the Dubos Center in 1987 and 1988. Notwithstanding that the introduction to each volume is the same, calling for more research in risk assessment and risk communication, as well as for regulatory and legislative change, the volumes have different foci. The first tends to be more technical, outlining methods for assessing and managing risks from hazardous materials, and the second tends to be more policy oriented, suggesting social and political strategies for addressing the fissure between public and scientific knowledge. From scientific, industrial, governmental and public viewpoints, these volumes offer invaluable discussions of the complex issues that must be addressed in minimizing the effects of hazardous agents, including electric and magnetic fields, on us today and in the years to come.

Volume one contains the work of fifteen scholars, including physicians, regulators and scientists. Divided into five sections, it addresses heavy metals, radiation, PCBs, dioxins and related materials, and pesticides. Each section discusses methods of assessing the health hazards, exposure estimates, and risks and benefits associated with those respective materials. Also, innovative industrial and regulatory approaches are suggested for limiting human exposures. Moreover, we are made aware that our ability to communicate risk information to the public does not seem to have kept pace with out ability to assess risks.

The first volume seems most useful for those directly engaged in environmental risk assessment and exposure control The strategies it describes for achieving more accurate health and risk assessments certainly should be known to those who regulate hazardous materials as well as those who produce such materials. It offers an important view of current risk assessment in the scientific community and furnishes the opportunity for what one essay calls an "obligation to remain current with the scientific advances and to revisit the validity of assumptions used in evaluating risks."1

The twenty essays in the second volume continue nicely where those in the first leave off. They address respectively institutional and legislative initiatives, risk communication, and public involvement in dealing with risks posed by hazardous agents. However, this volume seems to address a potentially broader spectrum of readers. In doing so, it furnishes a compelling overview of how we, as a society, may cope. One essay in this volume suggests that we should "Think broadly about risk potential, act on the significant."2 Another paper, likely to be of interest to a very broad spectrum of readers, discusses strategies that average citizens may consider in attempting to force local polluters to clean up their act.3

Taken together, this set provides even those of us without formal technical training a comprehensive and generally understandable overview of attempts to assess and manage hazardous materials, technically and politically, privately and collectively.

James R. Baum*

1 John A. Moore & Jane Hopkins, Regulatory Approaches..., Vol. 1, at 145.

2 Fred D. Hoerger, The Role of Business and Industry..., Vol. 2, at 33.

3 Maria Pavlova, Practical Lessons in Risk Communication at the Community Level, Vol. 2, at 139.

* Mr. Baum received an A.B. (Economics) from Lawrence University and is a candidate for the J.D. at Franklin Pierce Law Center. His studies have focused on environmental regulation.

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Dade W. Moeller, Environmental Health (Harvard University Press 1992) [332 pp.] Abbreviations, credits, index, preface. LC 91-20836; ISBN 0-674-25858-4. [$39.95 cloth. 79 Garden Street; Cambridge MA 02138.]

This well-written and well-documented book has its origins in a survey course, "Principles of Environmental Health," which Professor Moeller has taught for more than 25 years at the Harvard School of Public Health. Accordingly, included in the fourteen chapters are chapters dealing with typical environmental health issues such as air, water, food, waste disposal, rodents and insects, the development of environmental standards, and environmental monitoring. However, perhaps the most attractive feature of Moeller' s book is the inclusion of material that is atypical in a book of this type; for example, chapters dealing with occupational safety and workplace issues, injury control, energy, electromagnetic radiation, and disaster response.

The broad coverage of the book prompted me to review it to determine if it would be an appropriate text for a course I teach that deals with risk analysis and the management of environmental risk. While the text is not appropriate as the main text in a course of that nature, it is an excellent supplemental text for such a course. Furthermore, it is an easy-to-read general reference on issues of environmental health, particularly because of Moeller's detailed documentation. That is, rather than simply providing information, Moeller routinely documents sources, which is most helpful for those who wish to pursue specific issues in more detail.

The last chapter, "A Macroscopic View," is a jewel. It deals with global environmental issues including ozone depletion, acid rain, the greenhouse effect, deforestation, loss of topsoil, and destruction of the wetlands. This chapter provides an excellent general discussion of these important issues, and, in my opinion, the chapter should be the first chapter in the book, rather than the last. If placed first, it would provide a global perspective from which to view the more narrow environmental health topics covered in the other chapters. Because the chapter is so good, it is also perhaps the most disappointing. That is, the brevity of treatment of the various issues is somewhat disappointing. Of course, the reader recognizes that this chapter is simply supplemental to the environmental health focus of the book. However, the excellent treatment of these global issues leaves the reader desiring a more comprehensive treatment.

Other particularly attractive features of the book include an extensive examination of electromagnetic radiation (the longest chapter in the book), and a discussion of disaster response. Environmental effects of electromagnetic radiation are the subject of increasing controversy, and the chapter devoted to this issue increases the value of the book as a reference source. Similarly, the disaster response chapter is a good reference source for those with an interest in this topic.

In summary, while Moeller's book provides a good treatment of the more typical environmental health issues, it also provides a broader coverage than is expected in a book of this type. Because of the level of documentation, the book is not only a good textbook, it is also a handy general reference source for the topics covered.

John M. Gleason*

* Dr. Gleason is Professor of Decision Sciences and Systems College of Business Administration, Creighton University. He is also on the Editorial Advisory Board of Risk.

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Ann Rappaport & Margaret Fresher Flaherty, Corporate Responses to Environmental Challenges: Initiatives by Multinational Management (Quorum Books 1992) [186 pp.] Acknowledgements, bibliography, figures, foreword, index, notes, tables. LC: 91-44706; ISBN: 0-89930-715-9 [Cloth $45.00.]

This book focuses upon the range of management behaviors through which companies can attempt to support sustainable development -- and the connection of these behaviors to outcomes. It provides a realistic picture of the constraints within which multinational corporations must act, e.g., specific regulatory requirements as well as host country development objectives and government agendas more generally. It explores the question of what constitutes a good environment, health and safety program by identifying approaches currently used by companies responding to increased demands for responsible action.

Rapport and Flaherty analyze methods through which multinational corporations address health, safety and environmental issues. The complexity and multifaceted nature of this type of management is illustrated through a series of case studies. Five multinational corporations were selected to facilitate examination of three issues. First, how does the corporation address environmental, health and safety issues? Second, is information concerning environment, health and safety readily communicated between the home office and subsidiaries? Third, how is the corporation organized and staffed to address environment, health and safety challenges?

The material set forth is the result of two research projects conducted under the auspices of the Center for Environmental Management at Tufts University. Information was gathered through extensive research, including interviews at corporate headquarters, domestic facilities and overseas manufacturing facilities; tours of company facilities, meetings with government officials of host countries, U.S. consulate offices, representatives of nongovernmental organizations, trade associations, media spokespersons and academics -- as well as survey data on corporate environment, health and safety practices.

The case studies are also examined comparatively. First, can differences in the effectiveness of the companies' environment, health and safety practices be explained by the type of business in which they engage? Second, do companies with greater consumer name recognition have more protective environmental programs than those less well recognized? Third, are small companies more or less protective of the environment than large companies? Fourth, is profitability of the corporation important to strong environment, health and safety performance? Fifth, does conformity with the environment, health and safety program developed by corporate headquarters diminish as distance from headquarters increases and as cultural and political contexts become increasingly different from those at headquarters? Sixth, does greater top management commitment improve environment, health and safety program performance? Finally, does having a well-publicized environmental incident in the corporate history provide increased attention to environment, health and safety programs?

This text provides insight into the practical challenges facing multinational corporations in implementing environment, health and safety programs. Its value is, of course, augmented by the figures, tables, notes and extensive bibliography. It would appear to be "must" reading for corporate employees involved with such programs as well as for outsiders concerned about the responsiveness of multinational firms to issues of ever-increasing global importance.

Gianna Julian-Arnold*

* Ms. Julian-Arnold has a B.S. (Chemistry), Northern Arizona University and J.D. and M.I.P., Franklin Pierce Law Center [FPLC]. She is an Intellectual Property Research Fellow at FPLC and editorial assistant for Risk.

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Robert A. Shanley, Presidential Influence and Environmental Policy (Greenwood Press 1992) [163 pp.] Abbreviations, acknowledgements, index, inrroduction, notes, selected bibliography. LC 92-15584; ISBN 0-313-25883-X. [$45.00 cloth. 88 Post Road West; Westport CT 06881.]

Shanley, a professor of political science, focuses primarily on environmental law but broadly overviews implementation of regulatory policy and presidential influence. His introduction provides a helpful, concise summary of each chapter and states that a main purposes of the book "...is to extend the analysis of the Reagan administrative presidency strategy and its impact on environmentally related policies throughout the Reagan years and to examine its legacy for the Bush Administration."1 Although Shanley did not seem to anticipate the results of the last election, his topic is of continuing concern.

Chapter 1 historically overviews Presidential influence on administrative law, beginning with Theodore Roosevelt. It also compares "administrative presidency strategy" of the Carter and Reagan administrations. Chapter 2 takes a closer look at ways the Reagan administration attempted to curb agencies' issuance of new regulations through use of the Paperwork Reduction Act of 1980 and the Office of Information and Regulatory Affairs -- as well as through appointments, reorganizations and budget restrictions.

In the third chapter, Shanley examines the significant influence of executive orders on environmental policy, beginning in 1970. Reagan orders E.O. 12291 and 12498 are flagged as laying important foundations for subsequent regulatory strategy. Chapter 4 contrasts the Carter and Reagan Administrations, with particular attention to the increased role of the Office of Management and Budget (OMB) in risk assessment under Reagan, including both criticism and a view that "OMB has a legitimate role to play... reflecting the political concerns and priorities of an administration."2 In the following chapter, Shanley examines Reagan's influence on the EPA under the infamous reign of Ann Burford and the subsequent restoration of credibility by William Ruckelshaus.

Next, Shanley details the reactions of Congress and the courts and the effects it had on Bush -- who had served as "Reagan's loyal lieutenant and chairman of the President's Task Force on Regulatory Relief."3 He also discusses the continuing role of the OMB and the increased role of Bush's Council on Competitiveness (Council) and illustrates "...the Administration's difficulties in working out compromises between environmental and economic interests."4

Ultimately, Shanley concludes that:5

[T]he record of presidential leadership since Earth Day in 1970 has been uneven... reactive, often to crises, and shaped by a political economy whose leading measurements of economic growth do not fully account for environmental and natural resources losses.
Unfortunately, limits on political incentives of the president as administrataive and legislative leader in environmental policy render such leadership problematic and uncertain for the major challenges the nation faces in the foreseeable future.

Anyone working with executive agencies or anyone who is merely interested in how the power of the president is actually exercised will find this overview of considerable interest.

Scott Hogan*

1 At 2.

2 At 91.

3 At 131.

4 At 6.

5 At 162-3.

* Mr. Hogan has a B.S. (Environmental Science) from the University of New Hampshire. After managing environmental compliance for a small manufacturer, he is pursuing his J.D. at Franklin Pierce Law Center.

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Stuart M. Speiser, Lawyers and the American Dream (Evans 1993) [430 pp.] Endnotes with full citations, index, lexicon (lay definitions of legal terms). LC 93-35272; ISBN 0-87131-724-9. [$16.95 paper. 216 E. 49th Street, New York NY 10017.]

Speiser's title, aptly printed in gold, instantly reminded me of a local television advertisement I despise -- showing a man waxing his new Mercedes convertible, as he spouts his admiration for his personal injury (PI) attorney. This is the image that Speiser, a prominent retired plaintiffs' PI litigator, tries to counteract in his surprisingly informational, if not entirely balanced, look at the role of such lawyers in the American system of justice (and commerce).

Speiser paints a picture of the personal injury attorney as champion, stabbing away at the greedy or stupid establishment in the name of individual rights. In his last chapter, he admits his bias but tries for a balanced discussion of the pro's and con's of tort litigation through the device of transcribing a mock debate. The style of this chapter is unique and provides references for readers to consult for differing views.

Throughout, Speiser uses television and film characters to persuade readers. At times, his approach is heavy handed and boring, but LA Law groupies will appreciate the overview of its storyline. In that vein, the basic theme is that decent PI attorneys "do good" for society and their clients, while "doing well" for themselves. Thus they both serve and live the American Dream. Individuals, as "underdogs," must fight the establishment, including courts, insurance companies and businesses. The attorneys representing these "underdogs" are dubbed, the "Equalizers."

Speiser is neither subtle nor timid in praise or criticism. Gagging observations like "I could feel the power of the American tort system lifting the bereaved Aberdeen families from the poverty that would have been their lot under Scottish law..."1 often remind readers of Speiser's intent -- as do references to, e.g., the "well-known proclivity of business to trample on individual rights."2 Yet, even those in business should ignore weaknesses of this kind and keep an open mind. Speiser's ample experience often supports his thesis.

Lawyers and the American Dream is an easy read. Its discussion of the history and evolution of PI litigation is comprehensive and helpful. Anyone interested in the airline industry or flying will appreciate Speiser's extensive discussion of his experiences. History and political buffs should also appreciate his analysis of, e.g., the Titanic, Korean Air Lines and other, well-known mass disasters.

Speiser gives the facts, legal theories and litigation strategies for several of his prominent cases. The human side of litigation is revealed, and readers come to better know, such people as Melvin Belli, Harry Gair, Ralph Nader, Paolo Gucci and, unfortunately too many, others he has worked with. By far, the high points of his book, for both lawyers and non-lawyers, are the "war stories."

On balance, Speiser's book, aside from occasional editing and spelling mistakes, is well-written, interesting and informational. Litigators on both sides of the PI fence should read it. Also, those in the court system and insurance and business industries with the foresight to use criticism constructively will find it helpful. Still others may find it useful in providing a view of PI litigation unlikely to be encountered in, e.g., editorial cartoons, scream headlines of megadollar verdicts and, unfortunately often, ads generated by PI lawyers themselves.

Lisa M. White*

1 At 360.

2 At 378.

* Ms. White has a B.S. (Paralegal Studies) from Rivier College (NH). Prior to obtaining her JD from Franklin Pierce Law Center, she worked several years in civil litigation, including plaintiffs' PI cases.

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Helena Szejnwald Brown et al., Corporate Environmentalism in a Global Economy: Societal Values in International Technology Transfer (Quorum Books 1993) [264 pp.] Acknowledgments, bibliography, figures, index, tables. LC 92-19851; ISBN: 0-89930-802-3. [$49.95. P.O. Box 5007, Westport CT 06881.]

Using three multi-national corporate (MNC) case studies, the authors show that many forces interact in the complicated and controversial processes of siting hazardous manufacturing facilities within certain developing countries. The cases offer a firsthand glimpse into at least the corporate part of the black box wherein such decisions are made. Chronicling the significance of contrasting social values of MNCs and developing countries' governments in their respective decision-making, these studies promise empirical rather than philosophical or ethical analyses.1

Data was gathered in interviews, discussions, site visits, and studies of key documents used in each transaction. The investigation period spanned the time for negotiations, licensing, construction of each facility and actual start-up. A long-term analysis was attempted "to the extent necessary to understand the effects on performance of the decisions make during siting."2

Contrasting social values are grouped as: environmental, health, and safety concerns (EH&S) and development, equity, and independence concerns (DE&I). The authors note inherent conflicts between these sets because they often represent multiple desirable goals that cannot be realized simultaneously, given limited host country and MNC resources. When MNCs and developing host countries each act in their own best interests, social values are traded off and compromised. The significance of EH&S and DE&I value sets is fully analyzed in chapter 2, along with assessing the degree to which these conflicting values are compatible or incompatible within and between the social value sets and communicating how value interactions add to EH&S outcomes at the facility level.

Chapter 3 details the involved host countries and MNCs, and chapter 4 describes the case studies. Chapter 5 discusses the host countries' values, and chapter 6 discusses the corporate cultures of the three MNCs. Chapter 7 outlines the nature of the business arrangements between the corporation and their partners, and chapter 8, is a synthesis of the authors' findings.

There is little doubt that the authors have exercised much effort to make their selected case studies unbiased and enlightening. However, as pointed out by the authors, of fifty MNCs offered the chance to participate, only three, DuPont, Occidental Chemical, and Xerox, agreed to make their decision making public.3 All three are MNCs that are "large, rich in resources, and eager to share their strong policies and commitment to EH&S."4 Conclusions based on these studies, no matter how thorough, cannot be by the authors' own admission, generalized to firms that do not share some, not to mention all, of these attributes.

Thus, while the authors' research is interesting, without a more extensive data set, this book constitutes little more than a close examination of recent facility siting decisions by three major corporations. Nothing more; nothing less.

Suzanne B. Watson*

1 At 41.

2 At 9.

3 At 10.

4 Id.

* Ms. Watson, received her B.A. from Bowdoin College and J.D. from Franklin Pierce Law Center [FPLC]. As a FPLC Research Fellow, she is organizing a conference on the relationship between environmental protection and intellectual property.

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Environmental Politics: Public Costs, Private Rewards (Michael S. Greve & Fred L. Smith, Jr. eds., Praeger 1992) [209 pp.] Acknowledgements, biographical information, figures, foreword by James Q. Wilson, index, notes, selected bibliography, tables. LC 91-44009, ISBN 0-275-94238-4. [Paper $19.95, cloth $45.00. One Madison Avenue, New York N.Y. 10010.]

Environmental Politics is said to be written with the goal of inspiring a realistic debate on governmental capacity to procure public environmental benefits. It begins with an introduction by Greve entitled "Environmental Politics without Romance" and ends with a conclusion by Smith entitled "Environmental Policy at the Crossroads."

In the foreword, Wilson states:1

I commend this volume to the reader, not because I hate environmentalism and wish to see it derailed, but because true environmentalism has already been derailed by mindless or mischievous policies that claim, wrongly, to serve the environment. This book contains several compelling examples of why good intentions are not good enough and how environmental slogans have turned into private gain.
Thus, the remaining seven chapters represent case studies where a purported environmental rationale fronts for benefits conferred on favored constituencies. Although they are tied together by the common theme that environmental regulation can be used and abused for political and economic objectives having little or nothing to do with the environment, they may also be divided into three subgroups.

The first three studies examine coalitions between environmental advocacy organizations and industrial groups. Chapters 2-4 are, respectively, essays on the Clean Air Act Amendments of 1990, the Bovine Somatotropin controversy, and the Comprehensive Environmental Response, Compensation and Liability Act, (i.e. CERCLA or Superfund). The second subgroup consists of two essays analyzing the interplay between interest groups and regulators in the institutional arena and focus on pollution control deadlines and environmental citizenship suits. Finally, two essays examine international environmental regulation in the context of the Montreal Protocol on Substances that Deplete the Ozone Layer, and American Trade Policy.

Shep Melnick observes in chapter 5: "Cynicism in private can be comic, but the spread of public cynicism can be tragic."2 Thus, I found this book disconcerting and wonder if the authors were unable to locate examples where the purpose and effect of environmental statutes or regulations were not somehow perverted. Perhaps it is necessary to foster cynicism to promote debate. If so, this text is well suited to that end.

Gianna Julian-Arnold*

1 At ix.

2 At 100. Although this part of the article was originally published in 1983, at 102, in an epilog written in 1991, he concludes:

Surely, before long Jay Leno will intervene, and criticism will become ridicule. Members of Congress will condemn EPA, EPA will search for loopholes, and many years later Congress will rewrite the Act -- once again.
* Ms. Julian-Arnold received a B.S. (Chemistry) from Northern Arizona University and a J.D. and M.I.P. from FPLC, where she was an Intellectual Property Research Fellow and editorial assistant for Risk.

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Vice President Al Gore, Earth in the Balance: Ecology and the Human Spirit (Plume 1993) [368 pp.] Acknowledgements, bibliography, figures, foreword, illustrations, index, notes. LC 92-34013; ISBN 0-452-26935-0. [Paper $13.00. 375 Hudson Street, New York NY 10014.]

This book calls for global efforts to halt the collision between human civilization and the earth's ecology. Gore's basic premise is that "the problem is not our effect on the environment so much as our relationship with the environment."1 He urges a complete rethinking about our relationship with the earth and argues against proceeding on the assumptions that "nothing we did or could do would have any lasting effect on the global environment,"2 and that "natural resources are limitless."3 Ultimately, he maintains that we need to change the way we think about our individual and global relationships to the earth if we are to save the planet for future generations. He also believes that the U.S. should exercise global leadership.

In the first of three parts, Gore discusses major global threats to the earth's delicate ecological balance, e.g., global warming, ozone depletion, air pollution, water pollution, deforestation, desertification, depletion of biodiversity, waste disposal and population increases. In Part II, he explores these concerns from several perspectives including economics, sociology, politics, history, technology, philosophy -- and even theology. This discussion is detailed and aided by charts, graphs and illustrations. It is also documented with extensive citations to the work of experts. Thus, in the first two parts, Gore attempts to rebut any assumptions that environmental problems are remote and that ecological threats are insufficiently researched to warrant action.

In two chapters constituting the last part of Earth in the Balance..., Gore urges that current policy making is shortsighted and calls for immediate action. In chapter 14, he explains how his political vantage point has shaped his understanding and how he believes politics can "raise public awareness and catalyze collective decisions" to strike an ecological balance.4 He stresses our need to consider the effect of today's laws and policies on future generations, both domestically and internationally. In chapter 15, Gore discusses the pressing need to: 1) stabilize the world population, 2) create and develop environmentally appropriate technology, 3) change the economic accounting system to value ecological consequences of decisions in the marketplace, 4) negotiate and establish new international agreements and 5) educate the world citizens.

Overall, Gore's book expresses deep concern that future generations will inherit the consequences of short-term decision making and attempts to support the thesis that "each of us must take a greater personal responsibility for this deteriorating global environment... and look hard at the habits of mind and action... that have led to this grave crisis."5 Even those who disagree about the intensity of the crisis cannot ignore important evidence of thinking that will shape many policies of the present administration.

Angela V. Tafro*

1 At 34.

2 At 30.

3 Id.

4 At 270.

5 At 12.

* Ms. Tafro received her B.S. (Sociology) from Pennsylvania State University and is a 1994 candidate for the J.D. at FPLC, with an interest in environmental law.

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Marshall A. Kapp, Ethical Aspects of Health Care for the Elderly: An Annotated Bibliography (Greenwood Press 1992) [200 pp.] Number 17 in series, Bibliographies and Indices in Gerontology. Author index; foreword by Erdman B. Palmore, series editor; preface; subject index. LC: 92-17776; ISBN: 0-313-27490-8. [Cloth $45.00. P.O. Box 5007, Westport CT 06881.]

It is not easy to review an annotated bibliography. One cannot simply sit down and read the book cover-to-cover. Therefore, the task is to evaluate how the author selected sources for inclusion, the care with which the work was done, the clarity of annotations and ultimately the utility of the product for various consumers.

Professor Kapp, who has both a J.D. and M.P.H., has carefully defined the subject matter and time frame for his work. As to the first, he limits his work to materials dealing with ethical, as opposed to mixed ethical-legal, questions. This makes his task manageable, and he covers, e.g., end of life decisions, futility, ethics committees and financing. One could quibble about whether additional topics should have been included, but his coverage is sufficiently comprehensive to make the book quite useful. In that context, he annotates a relatively broad selection of articles and books published between 1980-91. As with his choice of scope, his time frame is large enough to capture much important, and still relevant, work and ends recently enough to furnish a good starting point. Users should have little difficulty bringing their research up to date.

To determine the quality of Kapp's annotations, I read several articles he treats. In each case, the annotation succinctly captures the thrust of the article, and the provided information is adequate to enable a reader reasonably to predict whether the article would be useful.

In short, I think that Ethical Aspects will be of great use to a range of individuals, health care and human service professionals, as well as lawyers and students.

Others interested in elder health care issues will also find this book of assistance. Yet, I hesitate to agree with a suggestion in the Foreword1 that Ethical Aspects will be useful to all elders. This could be a wonderful resource, but the small type and density of material would make it less than ideal for many older individuals with whom I have worked. This is not meant as a criticism but rather is intended to assist those who might consider adding this book to their personal or organizational libraries.

Mitchell M. Simon*

1 At viii.

* Mr. Simon is Professor of Law, FPLC, and Co-director, FPLC Institute for Health, Law & Ethics.

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Donald C. Lee, Toward a Sound World Order: A Multidimensional Hierarchical Ethical Theory (Greenwood Press 1992) [240 pp.] Bibliography, index, notes, preface. LC: 91-440942; ISBN:0-313-27903-9. [Cloth $42.95. Address above.]

Environmental awareness has increased dramatically over the past decade. For example, while recycling has become a way of life in numerous communities across the U.S., many people are still not conscious of their role in depleting natural resources here and abroad.

Lee's discussion is in three parts: The Ethical Theory, Extension of the Ethical Theory in the Environmental Realm and Extension of the Theory in the Political and Economic Realm. Thus, only a third of the book addresses conflicts between present and future needs for natural resources.

In his introduction, Lee argues that free market and liberal political approaches are neither always fair nor best. He also challenges the dominant tradition of ethics "in which one ethical principle, based on one aspect of human nature, is supposed to be applicable to all aspects of human life."1 He argues, rather, that ethics should account for all aspects of human nature and recognize different ontological levels in several ethical levels.2 He regards ethics as based on universal needs, not eternal ideals.3

In his theory, Lee stresses the importance of individuals gaining knowledge and self-confidence as well as satisfaction at five basic levels: biological, social, rational, cultural and individual.4 Throughout, Lee argues that when individuals are not satisfied at every level, their decisions are apt to be detrimental to the community.5

For Lee, essential basic human needs of individuals must be met before all can benefit. However, some illustrations of his theory suffer a great deal from failure, e.g., to anticipate the collapse of the United Soviet Socialist Republic and the extreme political unrest that has followed the demise of the Cold War. Moreover, particularly in view of the cost of this book, some purchasers may be disappointed that it was obviously reproduced from a typed manuscript.

That one cannot ignore basic human needs in dealing with ethics generally and or ethics as applied in environmental, or in broader political or economic realms seems compelling. Thus, notwithstanding failure of his crystal ball, Lee appears to add a new dimension to one aspect of the environmental debate, and some readers of Risk may find it useful.

Cynthia Dash*

1 At xii.

2 At xii and 9.

3 At xiv.

4 At 27-40.

5 See, e.g., id. at 72:

I once asked an executive of a lumber company if he agreed with the current projection that the tropical rain forests would be gone by the end of this century. He conceded that it was probable. I asked him if it did not worry him that his grandchildren would have no wood with which to make houses, furniture, and other items. His response was that by then he would have made a fortune, and his grandchildren could use the wealth to build plastic houses.
* Ms. Dash received her B.A. (Political Science) from William Smith College and is a 1994 candidate for the J.D. at FPLC.

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Marc A. Rodwin, Medicine, Money & Morals: Physicians' Conflicts of Interest (Oxford University Press 1993) [430 pp.] Acknowledgements, acronyms, appendices, foreword, index, notes. LC: 92-49488; ISBN: 0-19-508096-3. [Cloth $25.00. 200 Madison Avenue, New York NY 10016.]
In this reasonably priced and well-produced book, Marc Rodwin sets out to put the issue of physicians' conflicts of interest on the ethical and health policy agendas. He certainly provides readers with the necessary tools to understand the topic.

Medicine, Money & Morals traces questions surrounding physicians' conflicts of interest and answers from the profession since the beginning of the century. It contains extensive citations and provides the reader with sufficient materials to allow critical evaluation and careful analysis of the author's thesis.

I have found few, if any, books as readable as this to be as rich in citations and secondary materials. In fact, Rodwin's text occupies just over one-half of his book; the remainder includes useful appendices and extensive endnotes. In the few weeks I have had this book, I have referred to it at least twice and used its references in my work.

I was also impressed with the author's understanding and coverage of the conflict issues in managed care. It seems to me that the questions raised by "specialist accounts" controlled by primary care doctors, and other incentives to refer to others too infrequently, raise issues for health care consumers at least as important as blatant incentives to overtreat.

My only criticism is that the book seems to "play" much better for lawyers than physicians. In discussing its analysis of problems and the proffered solutions with friends who are doctors, I found more hostility than expected. I think, in part, this is because the author relies heavily on the logic and argumentation techniques of legal thought. For example, Rodwin uses much reasoning by analogy, a mainstay of lawyers. It is probably not a fair test of the power of a work to ask those who are criticized to enjoy it, but my own interest in finding ways to bring the professions together compels lament.

Professor Rodwin concludes that, in light of the profession's failure to self-regulate, far-reaching legal interventions are needed. Thus, he aims his arguments at policymakers. However, I think he missed an opportunity to educate doctors who already feel attacked by legal and political systems. His attempt at the end to show how removal of certain economic incentives will help create an ethos of caring that will benefit both doctors and patients seems to be too little, too late.

In conclusion, I think that Rodwin set out to persuade policymakers to control conflicts of interests. He has certainly done a fine job of arguing his case and presenting material that allows those who disagree nevertheless to participate in the discussion. Despite what I believe to be missed opportunities to do more, this is a solid achievement.

With the review copy of the book, Oxford sent a page of other reviewers' comments. As expected, their observations are exceedingly kind. Nevertheless, I agree with those who expect this to be the best book on the topic for some time to come.

Mitchell M. Simon*

* Mr. Simon is Professor of Law, FPLC, and Co-director, FPLC Institute for Health, Law & Ethics.

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Stanley M. Rosenblatt, Murder of Mercy: Euthanasia on Trial (Prometheus Books 1992) [352 pp.] CIP: 92-25910; ISBN: 0-87975-772-8. [$24.95. 59 John Glenn Drive, Buffalo NY 14228-2197.]

This well produced and clearly written book tells of what its jacket calls the "legal ordeal" of Dr. Peter Rosier, who was tried for murder after unabashedly trying to help his terminally ill wife commit suicide.

Rosenblatt, a well-known civil trial attorney, explains his strategy and tactics leading to Rosier's acquittal. He develops the story on both legal and moral planes and enhances it with many excerpts from the trial transcript.

While Rosenblatt sometimes seems more focused on his own moral qualms, personal challenges and triumphs, Murder of Mercy delivers on its promise to describe the ordeal of Rosier.

One of his book's most broadly applicable features is Rosenblatt's repeated discussion of the fact that Rosier was tried at all, much less for first degree murder. In his final chapter, Closing Thoughts, he states:1

Our legal system has not been creative enough to treat assisted suicides by family members or physicians differently from a murder that occurs during an armed robbery. The practical solution... has been for prosecutors to look the other way. The situation is... [similar] to what existed when abortions were illegal; prosecutions were extremely rare and almost unheard of against middle- and upper-class women....
Rosenblatt goes on to mention several quite similar situations where the public and officials evidenced notable lack of concern.

Readers should not expect an impartial account of either the defense or of euthanasia. Yet, even as a sometimes self-centered tale, the book has much to commend it. If nothing else, it is highly entertaining.

Timothy J. Arel*

1 At 341.

* Mr. Arel received is B.S. (Economics) from St. Anselm's College and is a 1994 candidate for the J.D. at FPLC. He has a strong interest in health law.

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W. Kip Viscusi, Smoking: Making the Risky Decision (Oxford University Press 1992) [180 pp.] Appendix, bibliography, figures, illustrations, index, notes, preface, tables. LC: 91-47138; ISBN: 0-19-507486-6. [Cloth $ 24.95. Address above.]

Smoking neither condones or promotes as it explores characteristics of smokers and factors that may affect each decision to smoke. The book is rich in data, e.g., smoking rates throughout most of the 20th century, indicating when risk information became public. Among its more interesting findings is that smokers are generally less risk adverse than non-smokers. It also examines the extent to which smokers differ from non-smokers in matters such as price-sensitivity, e.g., by age, race, sex and income. The focus is on factors that may influence consumer "choice," so the book does not address second-hand smoke. Moreover, it skirts addiction, but Viscusi justifies this on the basis that choosing, e.g., a spouse or career are also difficult to reverse.1

Viscusi's main theme is perceived risk, and he finds that the risk, e.g., of lung cancer is lower than generally perceived by the public. He surmises that this is because lung cancer and other smoking hazaards have been heavily publicized whereas frequency data is not readily available. In this vein, he argues that information regulation has adversely affected "rational" choice and proposes ways to better inform the public, both generally and as to particular cigarette types or brands. He suggests that the last should spur desirable competition.

Anyone interested in risk-taking generally, and risk perception particularly, should find this book, notwithstanding its awkward avoidance of addiction, both interesting and enlightening.

Robert W. Nelson*

1 At 11. But see, e.g., at 109, where addiction is mentioned in a subtitle but not addressed in the text.

* Mr. Nelson received a B.S.E.E. from the University of Massachusetts, at Lowell, and a J.D. from FPLC. He now practices law in Manchester, NH.



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