The subject of this paper, then, is the private and public law dimensions of the formaldehyde problem. The topics which I have chosen to discuss are directly relevant to any inquiry into the nature of the bureaucratic and entrepreneurial processes which together created the UFFI problem. My concern is not to fix blame, and I have chosen not to draw conclusions in respect of the doctrinal and policy issues which I discuss. Rather, I have attempted to describe the regulatory process which was associated with the development of the product, and to discuss the role of the courts in reviewing alleged bureaucratic incompetence. As well, I have chosen to analyze several "private law" issues which I consider demonstrate the quite unique, and in some ways intractable, analytical, doctrinal and practical issues raised in the UFFI cases.
David Cohen, The Public and Private Law Dimensions of the UFFI Problem: Part I, 8 Can. Bus. L.J. 309 (1983), available at http://digitalcommons.pace.edu/lawfaculty/447/.