Thomas Owen McGarity

University of Texas at Austin - School of Law

727 East Dean Keeton Street

Austin, TX 78705

United States

SCHOLARLY PAPERS

27

DOWNLOADS
Rank 16,706

SSRN RANKINGS

Top 16,706

in Total Papers Downloads

2,800

CITATIONS
Rank 30,705

SSRN RANKINGS

Top 30,705

in Total Papers Citations

7

Scholarly Papers (27)

1.

Medical Malpractice Myths and Realities: Why an Insurance Crisis is Not a Lawsuit Crisis

A Center for Progressive Reform White Paper No. 509, June 2005, U of Texas Law, Public Law Research Paper No. 79, Cornell Legal Studies Research Paper No. 05-027, Loyola of Los Angeles Law Review, Vol. 39, No. 2, p. 785, 2006
Number of pages: 34 Posted: 19 Oct 2005
Thomas Owen McGarity, Douglas A. Kysar and Karen C. Sokol
University of Texas at Austin - School of Law, Yale University - Law School and Loyola University New Orleans College of Law
Downloads 352 (82,536)

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2.

The Truth About Torts: Defensive Medicine and the Unsupported Case for Medical Malpractice 'Reform'

Center for Progressive Reform White Paper No. 1203
Number of pages: 36 Posted: 01 Sep 2012
Wake Forest University School of Law, University of Texas at Austin - School of Law, Center for Progressive Reform and Center for Progressive Reform
Downloads 282 (105,372)

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Medical Malpractice, Tort Reform, Defensive Medicine, Civil Justice, Litigation

3.

Workers at Risk: Regulatory Dysfunction at OSHA

Center for Progressive Reform White Paper No. 1003, U of Maryland Legal Studies Research Paper No. 2010-14, Energy Center Research Paper No. 09-10
Number of pages: 37 Posted: 09 Mar 2010 Last Revised: 21 Oct 2013
University of Texas at Austin - School of Law, University of Maryland Francis King Carey School of Law, Wake Forest University School of Law and Center for Progressive Reform
Downloads 260 (114,754)
Citation 1

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Occupational Safety and Health Administration, workplace safety, enforcement, hazards, regulatory reform

4.

Did Nepa Drown New Orleans? The Levees, the Blame Game, and the Hazards of Hindsight

Duke Law Journal - 36th Annual Administrative Law Symposium, Vol. 56, 2006, U of Texas Law, Public Law Research Paper No. 106, Cornell Legal Studies Research Paper No. 06-024
Number of pages: 44 Posted: 08 Sep 2006
Douglas A. Kysar and Thomas Owen McGarity
Yale University - Law School and University of Texas at Austin - School of Law
Downloads 226 (132,224)
Citation 1

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environmental law, risk regulation, disaster, hurricane, cost-benefit analysis, precautionary principle, risk assessment, risk management

5.

The BP Catastrophe: When Hobbled Law and Hollow Regulation Leave Americans Unprotected

Number of pages: 36 Posted: 23 Apr 2011 Last Revised: 17 Sep 2015
University of Florida Levin College of Law, University of Alabama - School of Law, University of Texas at Austin - School of Law, Wake Forest University School of Law and Center for Progressive Reform
Downloads 225 (132,797)

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regulatory safeguards, access to justice

6.

Daubert and the Proper Role for the Courts in Health, Safety, and Environmental Regulation

American Journal of Public Health, Vol. 95, No. S1, pp. S92-S98, 2005, The Coronado Conference: Scientific Evidence and Public Policy Paper
Number of pages: 7 Posted: 29 Nov 2005
Thomas Owen McGarity
University of Texas at Austin - School of Law
Downloads 149 (192,315)
Citation 2

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Environmental law, Judicial Review, Weight of the evidence, Daubert

7.

Dynamic Rulemaking

92 N.Y.U. Law Review 183 (2017), U of Texas Law, Public Law Research Paper , Case Legal Studies Research Paper
Number of pages: 84 Posted: 11 May 2017
Wendy E. Wagner, William F. West, Thomas Owen McGarity and Lisa Peters
University of Texas at Austin – School of Law, Independent, University of Texas at Austin - School of Law and Case Western Reserve University - Law Library
Downloads 127 (218,512)

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Administrative Law, Rulemaking, Revision

8.

The Clean Power Plan: Issues to Watch

Center for Progressive Reform Issue Alert, No. 1506, August 2015, GWU Law School Public Law Research Paper No. 2015-50, GWU Legal Studies Research Paper No. 2015-50, Minnesota Legal Studies Research Paper No. 15-43
Number of pages: 92 Posted: 12 Nov 2015 Last Revised: 09 Jan 2016
University of San Francisco - School of Law, Georgetown University Law Center, Syracuse University College of Law, University of Arizona - James E. Rogers College of Law, University of Houston Law Center, George Washington University - Law School, George Washington University - Law School, University of Minnesota Law School, University of Texas at Austin - School of Law, Lewis & Clark Law School and University of Cincinnati - College of Law
Downloads 125 (221,125)

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Environmental Protection Agency, Clean Power Plan, Clean Air Act, federalism, environmental justice, energy, cap-and-trade, offsets

9.

Legislating 'Sound Science': The Role of the Tobacco Industry

American Journal of Public Health, Vol. 95, No. S1, pp. S20-S27, 2005, The Coronado Conference: Scientific Evidence and Public Policy Paper
Number of pages: 8 Posted: 30 Nov 2005
Annamaria Baba, Daniel M. Cook, Thomas Owen McGarity and Lisa Bero
University of California, San Francisco, University of California, San Francisco, University of Texas at Austin - School of Law and University of California, San Francisco (UCSF) - School of Pharmacy
Downloads 112 (239,793)
Citation 1

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Tobacco industry, scientific evidence, public health, regulatory policy

10.

Administrative Law as Blood Sport: Policy Erosion in a Highly Partisan Age

Duke Law Journal, Vol. 61, No. 1671, 2012
Number of pages: 92 Posted: 23 Apr 2012
Thomas Owen McGarity
University of Texas at Austin - School of Law
Downloads 106 (249,321)

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Administrative Law, Implementation, Ex Parte Contacts, Lobbying

11.

The Next OSHA: Progressive Reforms to Empower Workers

Center for Progressive Reform White Paper No. 1207
Number of pages: 32 Posted: 27 Jul 2012
University at Buffalo Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, University of Maryland Francis King Carey School of Law and Center for Progressive Reform
Downloads 101 (257,786)
Citation 1

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Occupational Safety and Health Administration, occupational safety and health

12.

Regulatory Science in Rulemaking and Tort: Unifying the Weight of the Evidence Approach

3 Wake Forest J. L.& Pub. Pol. 101 (2013), U of Texas Law, Law and Econ Research Paper No. 404, Energy Center Research Paper No. 2013-07
Number of pages: 41 Posted: 28 Feb 2013 Last Revised: 27 May 2014
Thomas Owen McGarity and Sidney A. Shapiro
University of Texas at Austin - School of Law and Wake Forest University School of Law
Downloads 98 (262,953)

Abstract:

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13.

The Truth About Torts: Regulatory Preemption at the Federal Railroad Administration

Number of pages: 24 Posted: 18 Jun 2010
University of Texas at Austin - School of Law, Center for Progressive Reform, Wake Forest University School of Law, Lewis & Clark Law School, University of Michigan Law School and Allen & Overy LLP
Downloads 77 (305,269)

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Regulatory preemption, tort law, railroad safety

14.

The End Game of Deregulation: Myopic Risk Management and the Next Catastrophe

Duke Environmental Law & Policy Forum, Vol. 23, 2012, ,p. 93+, U of Maryland Legal Studies Research Paper No. 2013-5
Number of pages: 58 Posted: 11 Jan 2013
Thomas Owen McGarity and Rena I. Steinzor
University of Texas at Austin - School of Law and University of Maryland Francis King Carey School of Law
Downloads 65 (335,043)

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environmental reform, coal ash, Kingston Fossil Fuel Plant

15.

Opening the Industry Playbook: Myths and Truths in the Debate Over BPA Regulation

Center for Progressive Reform White Paper No. 1107, U of Maryland Legal Studies Research Paper No. 2011-30
Number of pages: 25 Posted: 24 Jun 2011
Thomas Owen McGarity, Rena I. Steinzor, Matthew Shudtz and Lena Pons
University of Texas at Austin - School of Law, University of Maryland Francis King Carey School of Law, Center for Progressive Reform and Center for Progressive Reform - CPR Policy Analyst
Downloads 60 (348,829)

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bisphenol-A

16.

From Ship to Shore: Reforming the National Contingency Plan to Improve Protections for Oil Spill Cleanup Workers

Center for Progressive Reform Working Paper No. 1006, U of Maryland Legal Studies Research Paper No. 2010-59
Number of pages: 23 Posted: 13 Dec 2010
City University of New York - School of Law, University of Florida Levin College of Law, University of Texas at Austin - School of Law, Wake Forest University School of Law, University of Maryland Francis King Carey School of Law and Center for Progressive Reform
Downloads 57 (357,734)

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environmental protection, clean-up, reform

17.

EPA at Helm's Deep: Surviving the Fourth Attack on Environmental Law

Fordham Environmental Law Journal, Vol. 24, p. 205, 2012-2013, Energy Center Research Paper No. 2013-03
Number of pages: 27 Posted: 09 Oct 2013
Thomas Owen McGarity
University of Texas at Austin - School of Law
Downloads 55 (363,842)

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18.

But What About Texas? Climate Disruption Regulation in Recalcitrant States

Harvard Environmental Law Review, Vol. 39, No. 1, 2015, KBH Energy Center Research Paper No. 2015-06
Number of pages: 15 Posted: 03 Jul 2015
Thomas Owen McGarity
University of Texas at Austin - School of Law
Downloads 54 (367,025)

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Texas, resistance, federal environmental regulation, economic growth, pollutants, TCEQ, Clean Air Act, EPA, permitting, greenhouse gas emissions, climate disruption, bureaucracy, federal law

19.

‘Fifty FDAs’: An Argument for Federal Preemption of State Tort Law that is Less than Meets the Eye

Lewis & Clark Law School Legal Studies Research Paper No. 2010-28, Energy Center Research Paper No. 10-10
Number of pages: 21 Posted: 01 Oct 2010 Last Revised: 28 Jul 2013
Georgetown University Law Center, Lewis & Clark Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, Center for Progressive Reform and Center for Progressive Reform
Downloads 52 (373,192)

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regulatory preemption, tort law, drug and medical device safety

20.

Plausibility Pleading: Barring the Courthouse Door to Deserving Claimants

Lewis & Clark Law School Legal Studies Research Paper No. 2010-25
Number of pages: 23 Posted: 01 Oct 2010 Last Revised: 13 Oct 2010
William Funk, Thomas Owen McGarity, Sidney A. Shapiro and James Goodwin
Lewis & Clark Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law and Center for Progressive Reform
Downloads 52 (373,192)

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Pleading, Supreme Court, Access to Justice

21.

Science and Policy in Setting National Ambient Air Quality Standards: Resolving the Ozone Enigma

Texas Law Review, Vol. 93, 2015, KBH Energy Center Research Paper No. 2015-10
Number of pages: 28 Posted: 08 Jul 2015
Thomas Owen McGarity
University of Texas at Austin - School of Law
Downloads 45 (396,606)

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science, policy, risk-based standard setting, regulatory agencies, EPA, NAAQS, ozone, environmental decision making, ozone rulemakings, nonthreshold pollutants

22.

Earmarking Away the Public Interest: How Congressional Republicans Use Antiregulatory Appropriations Riders to Benefit Powerful Polluting Industries

U of Texas Law, Public Law Research Paper No. 651
Number of pages: 22 Posted: 05 Feb 2016
Thomas Owen McGarity, Richard W. Murphy and James Goodwin
University of Texas at Austin - School of Law, Texas Tech University School of Law and Center for Progressive Reform
Downloads 32 (447,497)

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Congress, Regulations, Appropriations, Riders

23.

A Response by Thomas O. McGarity

Texas Law Review, Vol. 92, No. 6, 2014, Energy Center Research Paper No. 2014-09
Number of pages: 16 Posted: 15 Oct 2014
Thomas Owen McGarity
University of Texas at Austin - School of Law
Downloads 32 (447,497)

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Freedom to Harm, Review, Environmental Protection, health, safety

24.

TSCA Reform: Preserving Tort and Regulatory Approaches

Number of pages: 21 Posted: 20 Feb 2016
George Washington University - Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, University of Texas at Austin – School of Law and Center for Progressive Reform
Downloads 27 (471,366)
Citation 1

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Congress, Regulations, TSCA, Legislation, Chemicals, Public Health, Safety

25.

The Role of Health and Safety Evidence in Regulation and the Civil Justice System: Preserving Protection of the Public

Center for Progressive Reform Issue Alert, No. 1401, 2014, Wake Forest Univ. Legal Studies Paper No. 2733336
Number of pages: 14 Posted: 18 Feb 2016
George Washington University - Law School, University of Texas at Austin - School of Law, University of Richmond School of Law, Wake Forest University School of Law, University of Texas at Austin – School of Law and Center for Progressive Reform
Downloads 18 (521,054)

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TSCA, Chemicals, Regulation, Evidence, Civil Justice, Congress

26.

Deregulation Using Stealth 'Science' Strategies

68 Duke L. J., Forthcoming
Number of pages: 79 Posted: 07 May 2019
Thomas Owen McGarity and Wendy E. Wagner
University of Texas at Austin - School of Law and University of Texas at Austin – School of Law
Downloads 11 (561,529)

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administrative law, deregulation, executive branch, agencies, science

27.

Regulating Forced Arbitration in Consumer Financial Services: Re-Opening the Courthouse Doors to Victimized Consumers

Posted: 13 Jun 2016
University at Buffalo Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, Center for Progressive Reform and Center for Progressive Reform

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Access to Courts, Civil Justice, Arbitration, Class Action, Cost-Benefit Analysis, Consumer Rights, Corporate Accountability