Law Commons^™

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …

Ethical, Legal, And Social Issues In The Earth Biogenome Project, Jacob S. Sherkow, Katharine B. Barker, Irus Braverman, Robert Cook-Deegan, Richard Durbin, Carla L. Easter, Melissa M. Goldstein, Maui Hudson, W. John Kress, Harris A. Lewin, Debra J. H. Mathews, Catherine Mccarthy, Ann M. Mccartney, Manuela Da Silva, Andrew W. Torrance, Henry T. Greely

Journal Articles

The Earth BioGenome Project (EBP) is an audacious endeavor to obtain whole-genome sequences of representatives from all eukaryotic species on Earth. In addition to the project’s technical and organizational challenges, it also faces complicated ethical, legal, and social issues. This paper, from members of the EBP’s Ethical, Legal, and Social Issues (ELSI) Committee, catalogs these ELSI concerns arising from EBP. These include legal issues, such as sample collection and permitting; the applicability of international treaties, such as the Convention on Biological Diversity and the Nagoya Protocol; intellectual property; sample accessioning; and biosecurity and ethical issues, such as sampling from the …

Legal Recognition Of Animal Sentience: The Case For Cautious Optimism, Jane Kotzmann

Animal Sentience

Rowan et al.’s target article provides a valuable indication of the work that was required to reach the point where animals are recognised as sentient in various laws. To ensure this work was not in vain, the language of sentience needs to be used as a moral currency to demand further cultural change involving greater human respect for animals.

The Question Is Not “Can Humans Talk?” Or “Can They Suffer?” But “Can They Reason?”, Clive Phillips

Animal Sentience

In their target article, Rowan et al (2022) make a welcome attempt to chart the development of Western progress over the past two hundred years toward formally recognizing that animals feel. They outline the heroic efforts of Compassion in World Farming to gain for animals the status of sentient beings rather than merely human property. A broader view exists, from human prehistory to the present day, in which animals have been (and still are) understood to be sentient by indigenous peoples as well as by some Eastern religions. Growing recognition in the West that animals feel represents a new age …

Wyoming’S Wild Horse Ranch: History And Description Of A Socio-Ecological Experiment, Alex Sas-Jaworsky, John Derek Scasta

Human–Wildlife Interactions

The growing population of free-roaming horses (Equus ferus caballus) on western public rangelands has necessitated that federal agencies, such as the Bureau of Land Management (BLM) and U.S. Forest Service, develop novel approaches to curb growth including reproduction management. However, bureaucracy has hindered effective research and application of horse management on public lands and examples on private lands may present new solutions. Here we present the history and current population management strategy for the Wild Horse Ranch (WHR) located in southeastern Wyoming, USA, as an example of an ongoing private entity managing horses. Prior to 1985, this ~6,000-ha …

Earth Law And The Rights Of Nature A New Generation Of Laws Built For Nature, Lindsey Kayman, Paul Bartlett, Milena Popov, Grant Wilson

Open Educational Resources

Earth Law and the Rights of Nature: A New Generation of Laws Built for Nature

Wilson, Grant, Kayman, Lindsey, Bartlett, Paul, and Milena Popov John Jay College of Criminal Justice, Earth Law Center, Environmental Education Fund

Forget doom and gloom. Let’s educate students about the Rights of Nature, an inspiring, evolving legal development which is gaining traction in the US and around the world, and which can promote the cultural shift needed to address our overlapping intersecting environmental crises — climate change, accelerating species extinction, and ecosystem collapse. The Rights of Nature is one aspect of Earth Law. Some of …

How A Low-Cost Method For Cumulative Water-Sampling Shows Need For Improvement Of Legal Public-Contact Standards In The United States, Samuel C. Kessler

Grawemeyer Colloquium Papers

Across the world, it is estimated that 4.5 billion people live near water sources “impaired” for use or contact. Standards for human-interaction are established by international organizations such as the WHO, and legislative bodies from national to local levels with jurisdiction over the quality of our waterways to ensure public & environmental health. Standards are often assessed from “grab-samples” taken from a waterbody at a certain time, with a minimum number analyzed. Water-quality standards in the United States are enforced under the Clean Water Act (CWA) via the Environmental Protection Agency (EPA), applying to “waters of the United States” (WOTUS). …

Animal Sentience: History, Science, And Politics, Andrew N. Rowan, Joyce M. D'Silva, Ian J.H. Duncan, Nicholas Palmer

Animal Sentience

This target article has three parts. The first briefly reviews the thinking about nonhuman animals’ sentience in the Western canon: what we might know about their capacity for feeling, leading up to Bentham’s famous question “can they suffer?” The second part sketches the modern development of animal welfare science and the role that animal-sentience considerations have played therein. The third part describes the launching, by Compassion in World Farming, of efforts to incorporate animal sentience language into public policy and regulations concerning human treatment of animals.

Thinking Like A Raven: Restoring Integrity, Stability, And Beauty To Western Ecosystems, John M. Marzluff, Matthias-Claudio Loretto, Cameron K. Ho, Georgia W. Coleman, Marco Restani

Human–Wildlife Interactions

Common ravens (Corvus corax; ravens) are generalist predators that pose a threat to several rare wildlife species in the western United States. Recent increases in raven populations, which are fueled by increased human subsidies—notably food, water, and nest sites—are concerning to those seeking to conserve rare species. Due to the challenges and inefficiencies of reducing or eliminating subsidies, managers increasingly rely on lethal removal of ravens. Over 125,000 ravens were killed by the U.S. Government from 1996 to 2019, and annual removals have increased 4-fold from the 1990s to mid-2010s. We contend that lethal removal of ravens, while capable …

Not The Latest Science: National Recommended Water Quality Criteria For Aquatic Life Under The Clean Water Act, Sam B. Duggan, Christopher J. Kotalik

Minnesota Journal of Law, Science & Technology

No abstract provided.

Shifting Public Perception: Climate Change Means Living With Fire And Smoke, Robert Froembling

Seattle Journal of Technology, Environmental & Innovation Law

The urgency to prepare for the climate crisis has never been greater. We are currently living in the sixth mass extinction and the effects are only going to accelerate. We will inherit more wildfires, larger wildfires, and more frequent wildfires.

This piece is not meant to stoke fear in its readers or be depressing, but to shift public perception on what our future holds by evaluating the laws and science presented to us. This piece will look at regional and federal regulations and assess the increased rate of forest fires and the grave public health concerns from stagnant smoke specifically …

Martin Luther King Jr. And Ernest Everett Just - On Evolution Of Ethical Behavior, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Martin Luther King Jr. prescribed an evolutionary advance in ethical behavior: the total “abolition of poverty” and the abolition of war throughout “the world house.” Cell biologist Ernest Everett Just advanced the idea that human ethical behavior evolved from cellular origins.

Also, astrobiologists Chandra Wickramasinghe and Sir Fred Hoyle advanced the idea of cosmic biology, including stellar evolution and cosmic evolution. From cells to humans to stars and cosmology, evolutionary natural science converges with natural theology.

Species Conservation & Recovery Through Adequate Regulatory Mechanisms, Sandra B. Zellmer, Sam J. Panarella, Oliver Finn Wood

Faculty Journal Articles & Other Writings

The world is experiencing its sixth episode of mass extinction of life. In rhetoric typically used by bloggers rather than scientists, the National Academy of Sciences reports that this "biological annihilation" is more dire than previously believed,' and that the decimation of biodiversity and of the ecosystem services resulting from it is nothing less than a "frightening assault on the foundations of human civilization."2

Unlike previous episodes of mass extinction, this one is caused by human overpopulation, overconsumption, and anthropogenic climate change. The United States has been a world conservation leader for over a century, but its commitment to supporting …

Global Risks Of Intensive Animal Farming And The Wildlife Trade, Deborah Cao

Animal Sentience

This commentary discusses two issues highlighted by Wiebers & Feigin in the context of the current and future global health crisis: the wildlife trade and factory farming. Both are instances of globalized animal cruelty – in China as well as worldwide -- that require global solutions for the well-being of both humans and nonhumans.

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

Policing A Negotiated World: A Partial Test Of Klinger’S Ecological Theory Of Policing, Christopher Salvatore, Travis A. Taniguchi

Christopher Salvatore

The primary goal of the current study is to examine a portion of Klinger’s theory. Specifically, we test the influence of organizational and environmental contextual factors, guided by Klinger’s theory, on one measure of officer vigor. To date, few studies have taken this approach to examine Klinger’s theory. The study builds on prior research that has tested aspects of Klinger’s theory and adds new analytic strategies that prior studies have not used. The results of this study have implications for both theory and practice, and they add to the growing literature examining the influence of ecological and organization factors on …

Human Rights, Environmental Justice, Social Justice, Faith Values And Ethics: Building Stronger Partnerships For The Common Good By Understanding The Differences, Theresa Harris, Leanne M. Jablonski, Sarah Fortner, Malcolm Daniels

Biennial Conference: The Social Practice of Human Rights

Partnerships between human rights practitioners, local communities, scientists, engineers, and health professionals have shown potential to address deeply rooted, systemic human rights concerns. These collaborations are essential for achieving the UN Sustainable Development Goals (SDGs), and for engaging the perspectives and expertise of all constituents. However, even when the individuals in these partnerships or the organizations they represent have common goals, their motivations, analyses, and solutions often come from different perspectives. Members of good will can inadvertently alienate one another when attempting to work together. The fields of human rights, social justice, environmental justice, and ethics have each developed their …

The Evolution Of Irrationality, Owen D. Jones

Owen Jones

The place of the rational actor model in the analysis of individual and social behavior relevant to law remains unresolved. In recent years, scholars have sought frameworks to explain: a) disjunctions between seemingly rational behavior and seemingly irrational behavior; b) the origins of and influences on law-relevant preferences, and c) the nonrandom development of norms. This Article explains two components of an evolutionary framework that, building from accessible insights of behavioral biology, can encompass all three. The components are: "time-shifted rationality" and "the law of law's leverage."

Law, Evolution, And The Brain: Applications And Open Questions, Owen D. Jones

Owen Jones

This essay discusses several issues at the intersection of law and brain science. If focuses principally on ways in which an improved understanding of how evolutionary processes affect brain function and human behavior may improve law's ability to regulate behavior. It explores sample uses of such "evolutionary analysis in law" and also raises questions about how that analysis might be improved in the future. Among the discussed uses are: 1) clarifying cost-benefit analyses; 2) providing theoretical foundation and potential predictive power; 3) assessing comparative effectiveness of legal strategies; and 4) revealing deep patterns in legal architecture. Throughout, the essay emphasizes …

Endowment Effects In Chimpanzees, Owen D. Jones, Sarah F. Brosnan, Susan P. Lambeth, Mary Catherine Mareno, Amanda S. Richardson, Steven Schapiro

Owen Jones

Human behavior is not always consistent with standard rational choice predictions. The much-investigated variety of apparent deviations from rational choice predictions provides a promising arena for the merger of economics and biology. Although little is known about the extent to which other species also exhibit these seemingly irrational patterns of human decision-making and choice behavior, similarities across species would suggest a common evolutionary root to the phenomena.

The present study investigated whether chimpanzees exhibit an endowment effect, a seemingly paradoxical behavior in which humans tend to value a good they have just come to possess more than they would have …

Evolution And The Expression Of Biases: Situational Value Changes The Endowment Effect In Chimpanzees, Owen D. Jones, Sarah F. Brosnan, Molly Gardner, Susan P. Lambeth, Steven J. Schapiro

Owen Jones

Cognitive and behavioral biases, which are widespread among humans, have recently been demonstrated in other primates, suggesting a common origin. Here we examine whether the expression of one shared bias, the endowment effect, varies as a function of context. We tested whether objects lacking inherent value elicited a stronger endowment effect (or preference for keeping the object) in a context in which the objects had immediate instrumental value for obtaining valuable resources (food). Chimpanzee subjects had opportunities to trade tools when food was not present, visible but unobtainable, and obtainable using the tools. We found that the endowment effect for …

Proprioception, Non-Law, And Biolegal History, Owen D. Jones

Owen Jones

This Article explores several advantages of incorporating into law various insights from behavioral biology about how and why the brain works as it does. In particular, the Article explores the ways in which those insights can help illuminate the deep structure of human legal systems. That effort is termed "biolegal history."

Law, Biology, And Property: A New Theory Of The Endowment Effect, Owen D. Jones, Sarah F. Brosnan

Owen Jones

Recent work at the intersection of law and behavioral biology has suggested numerous contexts in which legal thinking could benefit by integrating knowledge from behavioral biology. In one of those contexts, behavioral biology may help to provide theoretical foundation for, and potentially increased predictive power concerning, various psychological traits relevant to law. This Article describes an experiment that explores that context.

The paradoxical psychological bias known as the endowment effect puzzles economists, skews market behavior, impedes efficient exchange of goods and rights, and thereby poses important problems for law. Although the effect is known to vary widely, there are at …

Intuitions Of Punishment, Owen D. Jones, Robert Kurzban

Owen Jones

Recent work reveals, contrary to wide-spread assumptions, remarkably high levels of agreement about how to rank order, by blameworthiness, wrongs that involve physical harms, takings of property, or deception in exchanges. In The Origins of Shared Intuitions of Justice (http://ssrn.com/abstract=952726) we proposed a new explanation for these unexpectedly high levels of agreement.

Elsewhere in this issue, Professors Braman, Kahan, and Hoffman offer a critique of our views, to which we reply here. Our reply clarifies a number of important issues, such as the interconnected roles that culture, variation, and evolutionary processes play in generating intuitions of punishment.

Island Invasion: The Silent Crisis In Hawaii, Sophia Janssen

Pomona Senior Theses

Keeping out invasive species may, upon first review, seem like a trivial environmental cry from ecologists and deep environmentalists; a belated wish to return to an undeveloped world where nature was pristine. However invasive species create problems that impact all of us and can have far more severe consequences than changing a stunning landscape. These problems are heightened in islands like Hawaii, where the fragile ecosystems have developed over centuries of evolution and adaptation. The introduction of a disease-carrying mosquito can put the people of Hawaii at risk to many vector-born illnesses and create an epidemic, taking human life. The …

Microplastics In Full View: Birds As Bioindicators Of Malta's Coastal Ecosystem Health, Dalton Brauer

Masters Theses, 2010-2019

Plastic pollution has recently become a widely studied topic, yet research on microplastics has remained lacking for specific geographic regions. Microplastics are small plastics resulting from degradation or the dumping of raw material and can lead to deleterious impacts on the coastal marine environment and its organisms. To assess Malta’s coastal environmental health, water birds (inshore, offshore and pelagic species) were used as bioindicators by assessing the presence and abundance of plastic within their stomach contents. The project hoped to fill some of the current gaps in knowledge on microplastics within Malta by creating a working baseline, as well as …

Contemporary Sunday Hunting Laws: Unnecessary Economic Roadblocks, Ripe For Repeal, Seamus Ovitt

William & Mary Environmental Law and Policy Review

In America, Sunday closing laws, laws restricting what activities individuals could engage in, date back to the early colonial period; those early laws, like much of North American jurisprudence, trace their roots to the laws that existed in England at the time. Historically, however, laws restricting the behavior of individuals, specifically on Sundays, date back thousands of years; initially, their language was tied directly to that of the Old Testament. As God declared:

[s]ix days shalt thou labour, and do all thy work: But the seventh day [is] the Sabbath of the Lord thy God: [in it] thou shalt not …

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim …