SelectedWorks @ Chapman University Dale E. Fowler School of Law
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The Next Threshold in Medical Monitoring
No full textTobacco litigation has been with us for 6 ½ decades. The related field of Toxic Torts is 3 decades old. Both have common and overlapping issues of causation, damages, discovery, and theories of relief, but with the exception of a few cases involving asbestos and tobacco, they have generally existed in parallel legal universes. A recent Massachusetts opinion, Donovan v. Philip Morris USA, Inc. has finally woven them together in a novel case applying the Toxic Torts remedy of medical monitoring for sub-clinical injuries in a tobacco case
Transporting India into a New Climate: The Implications for Energy Law and Policy
No full textAbstract: India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly in the realm of climate change
Judicial Decision Making About Forensic Mental Health Evidence
No full textJudges play a central role in decision making in the justice system. This chapter reviews the extant empirical research on judicial decision making in criminal, juvenile, and civil cases. We discuss judges’ decision making about forensic mental health evidence introduced in these cases, judicial receptivity to various kinds of evidence, and their understanding of clinical and scientific evidence as well as the ways they make rulings about such evidence. We focus on decision making at the trial court level, in those arenas that are most relevant to the forensic mental health practitioner (psychiatrist, psychologist, or social worker) who is called on to provide testimony to the courts
India’s Integrated Energy Policy: A Source of Economic Nirvana or Environmental Disaster?
No full textIndia’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly in the realm of climate change
The PC Academy Debate: Questions not Asked
No full textThis is the introductory chapter for the edited book, The Politically Correct University: Problems, Scope, and Reforms, which explores the culture of political correctness in higher education. We focus on the problem of liberal political orthodoxy in teaching and scholarship and seek to understand how diversity – of race, ethnicity, gender, and sexual orientation, but not of sociopolitical ideas – has become the dominant ideology in colleges and universities. The chapter provides an overview and commentary on the book’s four sections. The first section, Diagnosing the Problem, begins by providing the most current and comprehensive statistical analysis of the relative rarity of conservative and libertarian professors. It then explores the psychological and sociological mechanisms by which such imbalance comes about, and considers how and why academia stresses demographic diversity while largely eschewing political diversity. The second section, ‘Diversity’ in Higher Education, suggests that anticonservative bias in the academy is likely explained by a psychological phenomenon known as groupthink, explores the psychological goals and assumptions underlying diversity programs and political correctness (while arguing that sociopolitical diversity may be the most important form of diversity for achieving those goals), and explains the history of how demographic diversity came to trump ideological diversity on campus. In the third section, Different Disciplines, Same Problem, leading scholars explore how political correctness affects scholarship and teaching across liberal arts and social science disciplines, including English and linguistics, history, and political science. In the final section, Needed Reforms, practitioners describe the history of political correctness in universities and propose reforms
Guantanamo as Outside and Inside the U.S.: Why is a Base a Legal Anomaly?
No full textGuantanamo’s historic role in empire explains why the base remains anomalously inside and outside US jurisdiction. Produced by historic empire, the base’s legal anomaly permits for detaining over 150 men, eight years after detentions began and over a year and half after President Obama ordered detentions to end. Referring to Alejandro Colás’s definition, empire is comprised of space (i.e. territorial expansion without any limit), markets (i.e. wealth-creation through market protection), and culture (i.e. notions of cultural superiority). The Platt Amendment (1902-34) and the Insular Cases (1901-20) point to law’s role in a base for empire’s space, i.e. the law of extraterritoriality. The base’s geopolitical and military functions in protecting US investments overseas, especially the Panama Canal, refer to empire as markets. Notions of Anglo-superiority implicit in foreign relations with Cuba, a US protectorate from 1902 to 1934, reflect empire as culture. This Essay is part of larger project examining the base and current empire as space, markets, and culture. The notion of empire explains why Guantanamo’s anomaly is not an aberration but instead is an intended legal objective