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Full-Text Articles in Law

Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle Nov 2013

Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle

John Copeland Nagle

No abstract provided.


Biodiversity And Mom, John C. Nagle Nov 2013

Biodiversity And Mom, John C. Nagle

John Copeland Nagle

No abstract provided.


Playing Noah, John C. Nagle Nov 2013

Playing Noah, John C. Nagle

John Copeland Nagle

The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …


The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John C. Nagle Nov 2013

The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John C. Nagle

John Copeland Nagle

Is the Endangered Species Act constitutional? The D.C. Circuit considered that question in National Association of Home Builders v. Babbitt in 1997. More specifically, the case considered whether the congressional power to regulate interstate commerce authorized the ESA's prohibition upon building a large regional hospital in the habitat of an endangered fly that lives only in a small area of southern California. The three judges on the D.C. Circuit approached the question from three different perspectives: the relationship between biodiversity as a whole and interstate commerce, the relationship between the fly and interstate commerce, and the relationship between the hospital …