Digital Commons Network^™

The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett

Warwick Gullett

The precautionary principle has been adopted in such a widespread fashion that it is now difficult to find in either the international environmental arena or countries with advanced environmental protection frameworks an environmental policy document, a new environmental law, or even a political statement about environmental management that does not include a reference to the principle or reflect some of the core ideas of the precautionary concept. References to the principle can be found in documents produced by organizations such as the European Environment Agency, the World Trade Organization, and of course the United Nations; in numerous environmental treaties ranging …

Policy Choice For Sustainability: Marketization, Law And Institutions, Stephen Dovers, Warwick Gullett

Warwick Gullett

No abstract provided.

A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire

Chad J McGuire

Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire

Chad J McGuire

The Federal Government’S Ability To Respond To A Major Terrorist Attack: Issues, Concerns And Inadequacies In The Disaster Law Construct, M. Jonathan Gil

Michael J Gil

The cunning and zeal of the world’s terrorist organizations require that this country prepare itself for large-scale disaster relief operations. As it stands, the Stafford Act, as well as federal and local government policies are lacking. The federal government has floundered in past situations, and Americans have died as a result. In order to remedy these shortcomings, the government should take two different stances: hands on, and hands off. The hands-on approach is designed to address the shortfalls of past disaster response and the current system, while the hands-off approach is designed to allow the entire relief operation to operate …

Eliciting An Emotional Response: An Analysis Of Revenge And The Criminal Justice System, Daniel Johnson

Daniel Johnson

This essay analyzes the role of revenge, if any, in the criminal justice system today. In particular it focuses on the propriety of victim impact statements, predominately in relation to a defendant's opportunity to produce mitigating evidence at trial. Through the course of the evaluation, the paper looks at the psychological effects, both positive and negative, of our current criminal justice system in relation to other, revenge-based systems.

Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith

Beverly McQueary Smith

No abstract provided.

How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy That Survives First Amendment, Fourth Amendment, And Due Process Challenges, Naomi Harlin Goodno

Naomi Harlin Goodno

There have been all too many recent cases where children are taking their lives because of cyberbullying. Schools, courts, and legislatures are struggling with how to deal with such tragedies. Imagine two public school students, Joe and Jane. Joe punches Jane during class. The school is certainly within its legal rights to discipline Joe. Assume, instead, Joe punches Jane while both are walking home from school. The school cannot discipline Joe because the act took place off-campus. Now, assume instead, that Joe, while at home and using his own laptop, creates a website about Jane stating that he wished she …

Learning From Our Past To Help Save Our Future: Historical Public Health Crises And How These Lessons Will Help Solve Obesity, Kate M. Emminger

Kate M Emminger

The obesity epidemic continues to plague the United States. Debates regarding strategies to solve the obesity crisis are constant but little has been accomplished by public health officials. Obesity is a multi-faceted, stigmatized problem, but it is not beyond the reach of public health. To prove that public health strategies must be utilized to solve the obesity crisis, this paper makes a comparative analysis between past successful public health campaigns and the obesity epidemic. Enlightening parallels exist between the bubonic plague, tobacco cessation and obesity. The bubonic plague parallels obesity because the plague lacked a pill or vaccine cure, was …

A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard Glickstein

Howard Glickstein

No abstract provided.

The Abortion Informed Consent Debate: More Light, Less Heat, Nadia N. Sawicki

Nadia N. Sawicki

State abortion informed consent laws – including those requiring physicians to disclose that abortion terminates the life of a “whole, separate, unique, living human being” or display ultrasound images to patients seeking abortions – are being adopted at a rapid pace. Health law scholars who oppose these laws uniformly criticize them as being fundamentally inconsistent with the doctrine of informed consent. This Article directly challenges this conventional approach. It argues that the doctrine of informed consent does not impose nearly as significant a barrier to abortion disclosure laws as many critics claim. Rather, the ethical and legal principles of informed …