This chapter applies the requirements of Chapter 11 to selected items on the modern liberal regulatory agenda, specifically the prohibition on race and sex discrimination, occupational health Yeand safety regulation as embodied in OSHA, and medical products regulation as overseen by the Food and Drug Administration. It concludes that with the exception of one form of race discrimination, the imposition of these elements of the modern liberal regulatory agenda has not been morally legitimate, since one or more of the requirements articulated in Chapter 11 has been violated. Those elements could have been legitimately imposed, but they were not—and this is because of the way it was done (e.g., by judicial or bureaucratic fiat, after arguing for it in bad faith).
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