On the one hand were advocates of "police" regulation on the continental model, with administrators given broad discretion to regulate for public health and welfare; on the other adherents to a "common law ideology" according to which administrative discretion needed to be constrained by courts demanding proof of harm.
The history of this debate is something Morag-Levine has been working on for some time (see, e.g., her "Is Precautionary Regulation a Civil Law Instrument? Lessons from the History of the Alkali Act"), and her application of this history to understanding a current debate in environmental law and policy is particularly valuable.
More when the article comes out...
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