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Full-Text Articles in Law
The Best Scientific Evidence Available: The Whaling Moratorium And Divergent Interpretations Of Science, A. W. Harris
The Best Scientific Evidence Available: The Whaling Moratorium And Divergent Interpretations Of Science, A. W. Harris
William & Mary Environmental Law and Policy Review
No abstract provided.
Maximizing Scientific Integrity In Environmental Regulations: The Need For Congress To Provide Guidance When Scientific Methods Are Inadequate Or When Data Is Inconclusive, Mariyetta Meyers
Animal Law Review
A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. The courts’ review of the agency decisions based on such science largely depends on the various ways in which the “best science available” directive is written in the particular statute. That is, the more specific the congressional mandate, the less latitude the agency has in implementing congressional will; the broader the statutory language, the more breathing space the …
Justice Scalia's Footprints On The Public Lands, Bret C. Birdsong
Justice Scalia's Footprints On The Public Lands, Bret C. Birdsong
Scholarly Works
This article explores Justice Scalia's views of judicial review of administrative action, as revealed in his writings on public land law, as both a scholar and a Supreme Court justice. It examines and explains why Professor Scalia favored judicial review of public land administration while Justice Scalia seems to abhor it. In a sweeping law review article published in 1970, Professor Scalia argued that the doctrine of sovereign immunity historically did not apply in public lands cases. On the Court he has penned two of the most significant decisions addressing judicial review of public lands administration, each of them imposing …
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
Animal Law Review
The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …