Thomas O. McGarity
- William Powers, Jr. and Kim L. Heilbrun Chair in Tort Law
- Professor
Thomas McGarity '74 is a leading scholar in the fields of both administrative law and environmental law and also teaches torts at Texas Law. He has written seven influential books, including “Demolition Agenda,” published in 2022, and articles in several law journals. Additionally, Professor McGarity has held the position of president at the Center for Progressive Reform.
Featured Work
A former Articles Editor of the Texas Law Review, Professor McGarity is a leading scholar in the fields of both administrative law and environmental law. He also teaches torts. He has written seven influential books: Demolition Agenda (The New Press 2022); Pollution, Politics and Power (Harvard University Press 2018); Freedom to Harm (Yale University Press 2013); The Preemption War: When Federal Bureaucracies Trump Local Juries, (Yale University Press 2008), Bending Science: How Special Interests Corrupt Public Health Research, (Harvard University Press 2008) (co-author), Workers at Risk (Praeger, 1993) (co-author), The Law of Environmental Protection (West, 2nd ed., 1991) (co-author), and Reinventing Rationality: The Role of Regulatory Analysis in the Federal Bureaucracy (Cambridge, 1991). His recent articles include "Supplemental Environmental Projects in Complex Environmental Litigation, 98 Tex. L. Rev. 1405 (2020); "Deregulation Using Stealth 'Science' Strategies, 68 Duke L. J. 1719 (2019) (with Professor Wendy Wagner); and Deliberative Rulemaking: An Empirical Study of Participation in Three Agency Programs, 73 Ad. L. Rev. 609 (2021). He is a past president of the Center for Progressive Reform.
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year-1986
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Article
Regulatory Reform in the Reagan Era
Thomas O. McGarity, Regulatory Reform in the Reagan Era, 45 University of Maryland Law Review 253 (1986). [Reprinted in 1987-1988 Corporate Practice Communications 291.] -
Other Publication
Risk and Trust: The Role of Regulatory Agencies
Thomas O. McGarity, Risk and Trust: The Role of Regulatory Agencies, in Dealing With Risk: The Courts, the Agencies and Congress (Chicago: ABA Committee on Environmental Law, 1986). -
Article
Beyond the Hard Look: A New Standard for Judicial Review?
Thomas O. McGarity, Beyond the Hard Look: A New Standard for Judicial Review?, 2 Natural Resources & Environment 32 (1986). -
Article
Regulatory Reform and the Positive State: An Historical Overview
Thomas O. McGarity, Regulatory Reform and the Positive State: An Historical Overview, 38 Administrative Law Review 399 (1986). -
Book
An Institutional and Legal Assessment on Instream Aeration Project in the Houston Ship Channel
Thomas O. McGarity, An Institutional and Legal Assessment on Instream Aeration Project in the Houston Ship Channel (Austin: Policy Research Institute, The University of Texas, 1986) (with Terrell Blodgett, E. Smeardon & Richard Steward).
year-1985
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Book Chapter
Governmental Regulation of Recombinant DNA Research and Manufacturing Processes
Thomas O. McGarity, Governmental Regulation of Recombinant DNA Research and Manufacturing Processes, Chapter 31 in Comprehensive Biotechnology (Murray Moo-Young ed.; New York: Pergamon Press, 1985) (with Karl O. Bayer). -
Article
Regulating Biotechnology
Thomas O. McGarity, Regulating Biotechnology, Issues in Science & Technology, Spring, 1985, at 40. -
Article
Bhopal and the Export of Hazardous Technologies
Thomas O. McGarity, Bhopal and the Export of Hazardous Technologies, 20 Texas International Law Journal 333 (1985).
year-1984
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Article
The New OSHA Rules and the Worker's Right to Know
Thomas O. McGarity, The New OSHA Rules and the Worker's Right to Know, Hastings Center Report, Aug. 1984, at 38. -
Article
Judicial Review of Scientific Rulemaking
Thomas O. McGarity, Judicial Review of Scientific Rulemaking, 9 Science, Technology & Human Values 97 (1984).
year-1983
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Book Chapter
OSHA's Generic Carcinogen Policy: Rulemaking Under Scientific and Legal Uncertainty
Thomas O. McGarity, OSHA's Generic Carcinogen Policy: Rulemaking Under Scientific and Legal Uncertainty, in Law and Science in Collaboration: Resolving Regulatory Issues in Science and Technology (J. D. Nyhart & Milton M. Carrow eds.; Lexington, MA: Lexington Books, 1983). -
Article
Media-Quality, Technology, and Cost-Benefit Balancing Strategies for Health and Environmental Regulation
Thomas O. McGarity, Media-Quality, Technology, and Cost-Benefit Balancing Strategies for Health and Environmental Regulation, 46 Law & Contemporary Problems 1593 (1983). -
Article
Commentary: Law, Science, and NEPA
Thomas O. McGarity, Commentary: Law, Science, and NEPA, 15 Natural Resources Law 7 (1983). -
Article
Federal Regulation of Emerging Genetic Technologies
Thomas O. McGarity, Federal Regulation of Emerging Genetic Technologies, 36 Vanderbilt Law Review 461 (1983) (with Karl O. Bayer). -
Book Chapter
Commentary on the Social Effects of the Development of the Border Region
Thomas O. McGarity, Commentary on the Social Effects of the Development of the Border Region, in Ecology and Development of the Border Region (Stanley R. Ross ed.; México: Asociacíon Nacional de Universidades e Institutos de Ensenañza Superior, 1983).
year-1982
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Article
Public Regulation of Recombinant DNA Gene Therapy
Thomas O. McGarity, Public Regulation of Recombinant DNA Gene Therapy, 3 Journal of Legal Medicine 185 (1982) (with Sidney A. Shapiro).
year-1981
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Article
Risk-Oriented Employment Screens
Thomas O. McGarity, Risk-Oriented Employment Screens, 59 Texas Law Review 6 (1981) (with Elinor P. Schroeder).
year-1980
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Article
Contending Approaches to Regulating Laboratory Safety
Thomas O. McGarity, Contending Approaches to Regulating Laboratory Safety, 28 Kansas Law Review 183 (1980). -
Article
The Trade Secret Status of Health and Safety Testing Information: Reforming Agency Disclosure Policies
Thomas O. McGarity, The Trade Secret Status of Health and Safety Testing Information: Reforming Agency Disclosure Policies, 93 Harvard Law Review 837 (1980) (with Sidney A. Shapiro). -
Book Chapter
Judicial Review of Technological Standards Under the Clean Water Act
Thomas O. McGarity, Judicial Review of Technological Standards Under the Clean Water Act, in Water--1978 (Gary F. Bennett ed.; New York: American Institute of Chemical Engineers, 1980) (with George Coggins).