Richard J. Pierce, Jr. · July 2012
80 GEO. WASH. L. REV. 1493 (2012)
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.
