High technology and the courts: nuclear power and the need for institutional reform

Journal Article · Thu Jan 01 04:00:00 EST 1981 · Harv. Law Rev.; (United States)

DOI:https://doi.org/10.2307/1340676· OSTI ID:6306770

Yellin, J

In this article Professor Yellin analyzes the performance of the courts when confronted with the important and complex issues attending the commercial development of nuclear power. He draws three general conclusions from the analysis: (1) the failure of nuclear regulation indicates that substantive review of agency decision making is necessary; (2) the limitations of the courts' ability to understand the scientific and technological arguments inherent in the nuclear power cases suggest the need for hybrid legal and scientific oversight of technological decisions; and (3) procedural requirements of the adversary system tend to impede full presentation of the issues in nuclear power cases, again pointing to the need for new systems of review. Professor Yellin proposes creation of a permanent review board composed of masters trained in both science and law to which technological and scientific issues falling outside the special competence of the judiciary would be referred by the federal appellate courts.

• Research Organization: Massachusetts Inst. of Tech., Cambridge
• OSTI ID: 6306770
• Journal Information: Harv. Law Rev.; (United States), Journal Name: Harv. Law Rev.; (United States) Vol. 94:3; ISSN HALRA
• Country of Publication: United States
• Language: English

Related Subjects

21 SPECIFIC NUCLEAR REACTORS AND ASSOCIATED PLANTS
210700 -- Nuclear Power Plants-- Regulation & Licensing
29 ENERGY PLANNING, POLICY, AND ECONOMY
290600* -- Energy Planning & Policy-- Nuclear Energy
ADVERSARIES
CASE LAW
COURTS
INSTITUTIONAL FACTORS
LAWS
LEGAL ASPECTS
NUCLEAR POWER
POWER
REGULATIONS
TECHNOLOGY ASSESSMENT