Digital Commons Network^™

Anti-Conservation Incentives, Jonathan H. Adler

Faculty Publications

Several recent empirical studies have indicated that the Endangered Specifies Act (ESA) discourages species conservation on private land. This is because the law encourages landowners to shoot, shovel and shut up before federal authorities discover the species are present or may move onto the land. Most worrisome, the studies suggest that the net effect of the ESA on private land could be negative. Habitat loss and fragmentation represent the greatest threat to endangered species because private land is indispensable to environmental conservation.

Age Matters: Class, Family Formation, And Inequality, June Carbone

Santa Clara Law Review

No abstract provided.

Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Two Major Flaws Of The Animal Rights Movement, Geordie Duckler

Animal Law Review

In its current guise, animal rights advocacy imposes few intellectual demands on its proponents, usually requiring little more than a colorful Web site and a college dictionary, the former to construct an audience, and the latter to provide the emotion-laden phrases needed to inflame that audience into supporting stringent penalties for animal-related crimes. Hard thought is not really essential for animal rights advocates to be able to proclaim an end to animal abuse or an allegiance to easing animal suffering, and the standard advocate toolkit simply need not include “rational legal analysis” among the apparatus utilized to rail against mistreatment, …

A Gene × Gene Interaction Between Drd2 And Drd4 Is Associated With Conduct Disorder And Antisocial Behavior In Males, Kevin M. Beaver, John Paul Wright, Matt Delisi, Anthony Walsh, Michael G. Vaughn, Danielle Boisvert, Jamie Vaske

Criminal Justice Faculty Publications and Presentations

Background: Antisocial behaviors are complex polygenic phenotypes that are due to a multifactorial arrangement of genetic polymorphisms. Little empirical research, however, has been undertaken that examines gene × gene interactions in the etiology of conduct disorder and antisocial behavior. This study examined whether adolescent conduct disorder and adult antisocial behavior were related to the dopamine D2 receptor polymorphism (DRD2) and the dopamine D4 receptor polymorphism (DRD4).

Methods: A sample of 872 male participants from the National Longitudinal Study of Adolescent Health (Add Health) completed self-report questionnaires that tapped adolescent conduct disorder and adult antisocial behavior. DNA was genotyped for DRD2 …

Slides: A Case Study Of The Roan Plateau Area, Mary Viviano

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Mary Viviano, EnCana Oil & Gas (USA) Inc.

14 slides

Ecosystem Of Distrust, Mark Verstraete, Derek E. Bambauer

First Amendment Law Review

No abstract provided.

Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade

Campbell Law Review

No abstract provided.

The Tonle Sap: Reconsideration Of The Laws Governing Cambodia's Most Important Fishery, Ian J. Mensher

Washington International Law Journal

The Tonle Sap Basin is not only Cambodia’s largest inland fishery, but also the source of food and income for roughly one million Cambodians. Its biodiversity is unrivaled within Southeast Asia, and its sustainability is vital to the socioeconomic and political stability in the region. However, Cambodia’s current fishery, forestry, and land laws do not adequately protect the Tonle Sap Basin from over-fishing and the introduction of sedimentation and pollution caused by increasing development. The laws do not create or reflect a model for sustainable fishing and development. Both the laws currently in force and proposed legislation fail to limit …

Making Regulation Evolve: A Case Study In Maladaptive Management, Alejandro E. Camacho

ExpressO

This Article is the first cross-disciplinary, comprehensive assessment of one of the earliest regulatory reinvention programs developed to foster more participation and adaptation in decision-making—the Endangered Species Act’s Habitat Conservation Plan Program. Drawing not only from legal sources but also integrating data from recent scientific studies, interviews, surveys of government officials, newspaper investigations, and unpublished databases, this Article delves into the pioneering but defective HCP program as an example of regulatory innovation gone awry.

In the active literature on regulatory reinvention, many have pointed to the HCP program as a prototype for collaborative, experimentalist innovations in governance. Though a few …

Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno

Law and Contemporary Problems

In 1994, convicted murderer Stephen Mobley became a cause celebre when he appealed his death sentence before the Georgia Supreme Court in the case of Mobley v. State. Denno describes the potential implications arising from the high-profile case of Stephen Mobley. He sought to introduce a then-cutting-edge theory that violence could be based on a genetic or neurochemical abnormality as mitigating evidence during capital sentencing.

Information-Forcing Environomental Regulation, Bradley C. Karkkainen

Florida State University Law Review

No abstract provided.

Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno

Faculty Scholarship

Unwarranted constraints on the admissibility of genetics evidence in death penalty cases can undercut some defendants' efforts to fight their executions. For example, genetics evidence can help validate some traditionally accepted mitigating factors (such as certain psychiatric or behavioral disorders) that can otherwise be difficult for defendants to prove. By imposing unreasonable limitations on genetics arguments, the criminal justice system may be undermining the very principles and progressive thinking the cap on genetics evidence was originally intended to achieve. Part II of this article briefly reviews the facts and legal arguments in Mobley v. State. Part III addresses the primary …

The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen

ExpressO

This paper focuses on the struggles that infertile women face to achieve motherhood because their rights are underrepresented in the American court system. It specifically centers on how the process of in vitro fertilization (IVF) helps infertile women conceive children, but then details the problems that increasing technology now causes for these women after they freeze embryos and then divorce. Because the courts of only four states have determined who gets custody of these embryos after a divorce, and because the divorce rate and the number of couples utilizing IVF are increasing, future states will likely be forced to answer …

Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog

Cleveland State Law Review

The immutability factor is possibly the most disputed of the four factors of the Frontiero test, a test laid out by the Supreme Court to identify suspect classifications. Doctors and scientists have spent years studying sexual orientation, attempting to find the cause of homosexuality in order to determine whether or not sexual orientation may be changed. Unfortunately, the many studies have not provided a definitive answer to the question of immutability. This Note considers many of the psychological, hormonal, and more recent genetic studies and determines what the medical and scientific evidence means for homosexuals in their pursuit for equal …

The Impact Of Current Policy And Regulation On Future Stem Cell Human Health Applications, Michael J. Malinowski

Journal Articles

No abstract provided.

The New Neurobiology Of Severe Psychiatric Disorders And Its Implications For Laws Governing Involuntary Commitment And Treatment, E Fuller Torrey, Kenneth Kress

ExpressO

Medical advances have led to statutory changes and common law overrulings. This paper argues that such changes are now needed for laws governing the involuntary commitment and treatment of individuals with severe psychiatric disorders. Recent advances in the understanding of the neurobiology of these disorders have rendered obsolete many assumptions underlying past statutes and legal decisions. This is illustrated by using schizophrenia as an example and examining two influential cases: California’s Lanterman-Petris-Short Act (1969) and Wisconsin’s Lessard decision (1972). It is concluded that laws governing involuntary commitment and treatment need to be updated to incorporate the current neurobiological understanding of …

Rehabilitating Bioethics: Recontextualizing In Vitro Fertilization Outside Contractual Autonomy, Olivia Lin

Duke Law Journal

No abstract provided.

Obviousness Or Inventive Step As Applied To Nucleic Acid Molecules: A Global Perspective, Amy Nelson

North Carolina Journal of Law & Technology

No abstract provided.

The New Neurobiology Of Severe Psychiatric Disorders And Its Implications For Laws Governing Involuntary Commitment And Treatment, E Fuller Torrey, Ken Kress

ExpressO

Medical advances have led to statutory changes and common law overrulings. This paper argues that such changes are now needed for laws governing the involuntary commitment and treatment of individuals with severe psychiatric disorders. Recent advances in the understanding of the neurobiology of these disorders have rendered obsolete many assumptions underlying past statutes and legal decisions. This is illustrated by using schizophrenia as an example and examining two influential cases: California’s Lanterman-Petris-Short Act (1969) and Wisconsin’s Lessard decision (1972). It is concluded that laws governing involuntary commitment and treatment need to be updated to incorporate the current neurobiological understanding of …

Logic, Language And Legal Science: Are We Lagging Behind?, James S. Mcquade

ExpressO

The central theme of this article is that modern notions of logic, deriving from computer logics and also from the language and logic movement in philosophy, provide a sound basis for legal science and hence for legal writing, law practice and legal education. Scepticism about legal formalism largely derives from the fact that the term logic is still taken to mean the syllogistic logic of Aristotle. Modern notions of logic, generally referred to as formalism or formal studies, view knowledge in general and science in particular in terms of game theory, applying word, number letter and iconic games to data …

In Search Of Themis: Toward The Meaning Of The Ideal Legislator-Senator Edmond S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist

William & Mary Environmental Law and Policy Review

No abstract provided.

New Mexico Growers Association V. United States Fish & Wildlife Service And Other Efforts To Undermine Critical Habitat Designation Essential For Species Recovery, Laura Hartt

William & Mary Environmental Law and Policy Review

No abstract provided.

Beyond Mere Ownership: How The Confederated Salish And Kootenai Tribes Used Regulatory Control Over Natural Resources To Establish A Viable Tribal Homeland, Jason Williams

Public Land & Resources Law Review

No abstract provided.

Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart

Law Faculty Publications

No abstract provided.

In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart

Marquette Law Review

No abstract provided.

Conundrums With Penumbras: The Right To Privacy Encompasses Non-Gamete Providers Who Create Preembryos With The Intent To Become Parents, Lainie M.C. Dillon

Washington Law Review

To date, five state high courts have resolved disputes over frozen preembryos. These disputes arose during divorce proceedings between couples who had previously used assisted reproduction and cryopreserved excess preembryos. In each case, one spouse wished to have the preembryos destroyed, while the other wanted to be able to use or donate them in the future. The parties in these cases invoked the constitutional right to privacy to argue for dispositional control over the preembryos; two of the five cases were resolved by relying on this right. The constitutional right to privacy protects intimate decisions involving procreation, marriage, and family …

Cloning For Biomedical Research Debate: Do The Promises Of Medical Advances Outweigh The Ethical Concerns, The, Jessica J. Monachello

Tulsa Journal of Comparative and International Law

No abstract provided.

Restricting The Use Of Animal Traps In The United States: An Overview Of Laws And Strategy, Dena M. Jones, Sheila Hughes Rodriguez

Animal Law Review

Enacting absolute bans on the use of trapping devices and on commerce in trapped animal products has been difficult. Nearly every state, however, has enacted some restrictions on who can trap, what animals can be trapped, where and when animals can be trapped, the type and size of permitted traps, and how often traps must be checked. This article summarizes past and potential approaches to curtail the use of traps in the U.S. at federal, state and local levels. The article also notes litigation related to trapping and trapping prohibitions.