Digital Commons Network^™

The Elephant (Head) In The Room: A Critical Look At Trophy Hunting, Chelsea Batavia, Michael Paul Nelson, Chris T. Darimont, Paul C. Paquet, William J. Ripple, Arian D. Wallach

Chelsea Batavia, PhD

Trophy hunting has occupied a prominent position in recent scholarly literature and popular media. In the scientific conservation literature, researchers are generally supportive of or sympathetic to its usage as a source of monetary support for conservation. Although authors at times acknowledge that trophy hunting faces strong opposition from many members of the public, often for unspecified reasons associated with ethics, neither the nature nor the implications of these ethical concerns have been substantively addressed. We identify the central act of wildlife “trophy” taking as a potential source of ethical discomfort and public opposition. We highlight that trophy hunting entails …

A Hybrid Theory Of Global Justice, Jill Delston

Jill B. Delston

Although we have obligations to address global problems at a political level, we disagree on the source, justification, and content of these norms. For example, what kinds of obligations exist across national borders and why? What international actions are right and wrong? Who is required to perform these actions? When it is it permissible to use coercion at the global level? In my dissertation, I develop an original theory of global justice that can answer these questions and I show how my theory applies to current problems. I start by articulating why we need a theory of international justice and …

When Should The First Amendment Protect Judges From Their Unethical Speech?, Lynne H. Rambo

Lynne H. Rambo

Judges harm the judicial institution when they engage in inflammatory or overtly political extrajudicial speech. The judiciary can be effective only when it has the trust of the citizenry, and judicial statements of that sort render it impossible for citizens to see judges as neutral and contemplative arbiters. This lack of confidence would seem especially dangerous in times like these, when the citizenry is as polarized as it has ever been.

Ethical codes across the country (based on the Model Code of Judicial Conduct) prohibit judges from making these partisan, prejudicial or otherwise improper remarks. Any discipline can be undone, …

Rethinking The Secular: Religion, Ethics And Science In Food Regulation, Richard Mohr

Richard Mohr

This paper explores some issues at the intersection of regulation and religion, as they apply to food. It reports on a work in progress examining the regulations and values that affect choices at food and drink outlets in an inner suburban street in Sydney.

It is part of a larger projected study of food as a central social, material and religious concern. In it we are exploring questions around community relations in a culturally and religiously diverse society. Here I focus on the ways religious, ethical and scientific considerations interact with regulatory regimes, whether those of government, industry, or religious …

Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh

Nancy Welsh

This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.

The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …

High Court Pretense, Lower Court Candor: Judicial Impartiality After Capterton V. Massey Coal Co., Lynne H. Rambo

Lynne H. Rambo

Apolitical, impartial judging has always been our judicial ideal. In the last twenty years, however, special interest groups have sought power over (and through) judges by pouring millions into judicial elections, and the Court has recognized their first amendment right to do so. In the midst of this politicization of judicial elections, the Court five years ago reinforced the impartiality ideal, holding very broadly in Caperton v. Massey Coal Co. that it violates due process for a judge to sit whenever there is a “probability of bias,” i.e., whenever the average judge is unlikely to be neutral. Caperton involved a …

Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport

Randy D. Gordon

Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …

An Introduction To Police Operations And Methods: The Connection To Law And History, R. Alan Thompson, Anne Hudson

Anne Hudson

An Introduction to Police Operations and Methods: The Connection to Law and History textbook provides an overview of the complex and evolving role of police in a modern democratic society. Police officers are expected to respond to the demands of competing constituencies and resolve complex societal and individual problems. The invocation of the formal criminal justice system and the use of force to accomplish lawful objectives is sometimes required. In order to understand how and why the police operate as they do, the history of organized law enforcement is examined. Attention is given to the selection and training of qualified …

Professionalism And Ethics Section Takes Its Turn, Jodi Nafzger

Jodi Nafzger

Membership in [the Professionalism and Ethics Section of the Idaho State Bar] provides Idaho attorneys an opportunity to work closely with colleagues who share a vision for a profession that embodies personal courtesy and professional and ethical integrity. We are fortunate to practice law in a state that values this vision, and we invite you to attend our CLEs [Continuing Legal Education] and join our membership. [excerpt]

Critical Animal And Media Studies: Expanding The Understanding Of Oppression In Communication Research, Nuria Almiron, Matthew Cole, Carrie P. Freeman

Carrie P. Freeman

The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, Katharine Van Tassel

Katharine Van Tassel

This Article discusses the public health, regulatory, legal, and ethical issues raised by the developing appreciation of the negative physical effects and potential health risks associated with nanotech products, and is arranged as follows. After this Introduction, this Article describes the present scientific understanding of the health risks associated with the consumption of nanoparticles. Next, a summary of the existing FDA regulatory structure that governs food, dietary supplements, cosmetics, and sunscreens is provided along with an explanation of why these regulations fail to protect public health when applied to regulate the nanotech versions of these products. The Article goes on …

Euphemisms And Ethics: A Language-Centered Analysis Of Penn State’S Sexual Abuse Scandal, Jeremy Fyke, Kristen Lucas

Kristen Lucas

For 15 years, former assistant football coach Jerry Sandusky used his Penn State University perquisites to lure young and fatherless boys by offering them special access to one of the most revered football programs in the country. He repeatedly used the football locker room as a space to groom, molest, and rape his victims. In February 2001, an eye-witness alerted Penn State's top leaders that Sandusky was caught sexually assaulting a young boy in the showers. Instead of taking swift action against Sandusky, leaders began a cover-up that is considered one of the worst scandals in sports history. While public …

Four Research-Based Paradigms For Teaching Trust, Michele Williams

Michele Williams

Tian As Cosmos In Zhu Xi's Neo-Confucianism, Stephen C. Angle

Stephen C. Angle