Wendy E. Wagner
- Richard Dale Endowed Chair in Law
- Professor
Wendy Wagner is a leading authority on the use of science by environmental policy-makers. Her research focuses on administrative processes governing the bureaucratic state, the regulation of toxic substances, and the intersection of law and science. Professor Wagner has authored three books and over six dozen articles and book chapters on a wide range of topics, ranging from corporate accountability to causation in torts. Outside of her academic duties, Wagner has served on various academic and professional organizations, including several National Academies of Science committees, governing committees of the ABA and the Society for Risk Analysis, and as a consultant to ACUS.
Featured Work
Professor Wagner is a leading authority on the use of science by environmental policy-makers. She received a Masters of Environmental Studies and her law degree, both from Yale, where she was Senior Editor of the Yale Law Journal and Managing Editor of the Yale Journal of Regulation. Before entering teaching, she clerked for the Honorable Albert Engel of the U.S. Court of Appeals for the Sixth Circuit. She then practiced law for four years, first as an Honors Attorney in the Civil Enforcement Section of the Department of Justice's Environment and Natural Resources Division, and then as the Pollution Control Coordinator with the Department of Agriculture's Office of the General Counsel. Prior to joining the faculty at the University of Texas, Professor Wagner taught at Case Western Law School and was a visiting professor at Columbia and Vanderbilt Law Schools.
Prof. Wagner’s research focuses on the design of administrative process, with particular attention to environmental policy and science-intensive regulations. She has published more than six dozen articles and book chapters and three books on a wide range of topics. Her work has won multiple awards, including the Hamilton Grand Prize for the best book published at UT in 2009 ("Bending Science" with Tom McGarity) and the 2018 American Bar Association Award for Scholarship in Administrative Law ("Dynamic Rulemaking" with Tom McGarity, Bill West and Lisa Peters).
Prof. Wagner has served or is serving on several National Academies of Science Committees, the Bipartisan Policy Center Committee on Regulatory Science, the National Conference of Scientists and Lawyers (AAAS-ABA Committee), the Administrative New Scholarship Roundtable, and as a consultant to the Administrative Conference of the U.S. (ACUS) on a project on the agencies’ use of science. Wagner also served on governing councils of the ABA Administrative Law Section and the Society for Risk Analysis. She is a Member Scholar of the Center for Progressive Reform.
2003
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Article
The "Bad Science" Fiction: Reclaiming the Debate over the Role of Science in Public Health and Environmental Regulation
Wendy E. Wagner, The "Bad Science" Fiction: Reclaiming the Debate over the Role of Science in Public Health and Environmental Regulation, 66 Law & Contemporary Problems 63 (2003).
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Book Chapter
Environmental and Natural Resource Regulation
Wendy E. Wagner, Environmental and Natural Resource Regulation, in 2001-2002 Developments in Administrative Law and Regulatory Practice 299 (Jeffrey S. Lubbers ed.; Chicago: ABA Section of Administrative Law & Regulatory Practice, 2003) (with Jonathan Entin, & Carrie A. Von Hoff).
2002
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Other Publication
Commentary: What's It All About, Cardozo?
Wendy E. Wagner, Commentary: What's It All About, Cardozo? [Symposium: The Impact of Civil Justice on the American Economy & Polity], 80 Texas Law Review 1577 (2002).
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Book Chapter
Environmental and Natural Resource Regulation
Wendy E. Wagner, Environmental and Natural Resource Regulation, in 2000-2001 Developments in Administrative Law and Regulatory Practice 323 (Jeffrey S. Lubbers ed.; Chicago: ABA Section of Administrative Law & Regulatory Practice, 2002) (with Jonathan Entin, et al.).
2001
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Other Publication
Introduction to the Symposium Papers
Wendy E. Wagner, Introduction to the Symposium Papers, 6 Risk Decision & Policy 121 (2001). -
Book Chapter
Environmental and Natural Resource Regulation
Wendy E. Wagner, Environmental and Natural Resource Regulation, in 1999-2000 Developments in Administrative Law and Regulatory Practice 267 (Jeffrey S. Lubbers ed.; Chicago: ABA Section of Administrative Law & Regulatory Practice, 2001) (with Jonathan Entin & Joshua Sarnoff).
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Book Review
Legal Alchemy, by David Faigman
Wendy E. Wagner, Legal Alchemy, by David Faigman, 76 Quarterly Review of Biology 68 (2001).
2000
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Book Chapter
Federal Policy Making for Biotechnology, Congress, and EPA
Wendy E. Wagner, Federal Policy Making for Biotechnology, Congress, and EPA, in 1 Encyclopedia of Ethical, Legal & Policy Issues in Biotechnology 227 (Thomas Murray & Maxwell Mehlman eds.; New York: John Wiley & Sons, 2000). -
Article
The Triumph of Technology-Based Standards
Wendy E. Wagner, The Triumph of Technology-Based Standards, 2000 University of Illinois Law Review 83.
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Other Publication
Possible Legal Implications of Hormesis (A Comment on Frank Cross)
Wendy E. Wagner, Possible Legal Implications of Hormesis (A Comment on Frank Cross), 9 Belle Newsletter 34 (2000).
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Article
The Precautionary Principle and Chemical Regulation in the U.S.
Wendy E. Wagner, The Precautionary Principle and Chemical Regulation in the U.S., 6 Human Ecology Risk Assessment 459 (2000). -
Book Chapter
Judicial Review of Statistical Analyses in Environmental Rulemakings
Wendy E. Wagner, Judicial Review of Statistical Analyses in Environmental Rulemakings, in Statistical Science in the Courtroom 281 (Joseph Gastwirth ed.; New York: Springer, 2000). -
Book Chapter
Environmental and Natural Resource Regulation
Wendy E. Wagner, Environmental and Natural Resource Regulation, in 1998-1999 Developments in Administrative Law and Regulatory Practice 273 (Jeffrey S. Lubbers ed.; Chicago: ABA Section of Administrative Law & Regulatory Practice, 2000) (with Joshua Sarnoff). -
Article
Restoring Polluted Waters with Public Values
Wendy E. Wagner, Restoring Polluted Waters with Public Values, 25 William & Mary Environmental Law & Policy Review 429 (2000).
1999
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Article
Congress, Science and Environmental Policy
Wendy E. Wagner, Congress, Science and Environmental Policy, 1999 University of Illinois Law Review 181.
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Article
Rough Justice and the Attorney General Litigation
Wendy E. Wagner, Rough Justice and the Attorney General Litigation, 33 University of Georgia Law Review 935 (1999).
1998
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Article
Learning from Brownfields
Wendy E. Wagner, Learning from Brownfields, 13 Journal of Natural Resources & Environmental Law 217 (1998).
1997
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Book Review
Breast Implants Revisited: Beyond Science on Trial
Wendy E. Wagner, Breast Implants Revisited: Beyond Science on Trial, 1997 Wisconsin Law Review 705 (with Rebecca Dresser & Paul Giannelli).
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Article
Choosing Ignorance in the Manufacture of Toxic Products
Wendy E. Wagner, Choosing Ignorance in the Manufacture of Toxic Products, 82 Cornell Law Review 773 (1997).
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Book Chapter
Overview of Federal and State Law Governing Brownfields Cleanups
Wendy E. Wagner, Overview of Federal and State Law Governing Brownfields Cleanups, in Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property 15 (Todd S. Davis & Kevin D. Margolis, eds.; Chicago: ABA, 2nd ed. 2002; 1st ed. 1997).
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