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The Fragile Menagerie: Biodiversity Loss, Climate Change, and the Law
Get PDFI. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND
EVOLUTIONARY APOCALYPSE....................................................................... 304
II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES
TO BIODIVERSITY LOSS .................................................................................... 310
A. OVERKILL ........................................................................................... 310
B. ALIEN INVASIVE SPECIES ..................................................................... 316
C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT .................. 321
1. ISLAND BIOGEOGRAPHY .............................................................. 321
2. PUBLIC LANDS MANAGEMENT..................................................... 325
III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO
GLOBAL COMMONS .......................................................................................... 329
A. ENDANGERED SPECIES ACT MECHANICS .............................................. 330
1. LISTING ENDANGERED AND THREATENED SPECIES....................... 330
2. CRITICAL HABITAT ..................................................................... 333
3. INTERAGENCY CONSULTATION .................................................... 333
B. HABITAT CONSERVATION ON PRIVATE LANDS...................................... 335
C. ΑΡΚΤΟΎΡΟΣ: CLIMATE CHANGE IN THE “LAST GREAT WILDERNESS”... 340
IV. THE LAW OF BIODIVERSITY CONSERVATION AND CLIMATE MITIATION IN THE
ANTHROPOCENE ............................................................................................................................ 347
A. A NEW EPOCH..................................................................................... 347
B. AN ENVIRONMENTAL ETHOS INTENDED TO ENDURE FOR AGEST TO COME…353
C. ENVIRONMENTAL PROTECTION ON THE LAST PROMONTORY
OF THE CENTURIES................................................................................... 354
1. REVITALIZING ENVIRONMENTAL LAW ......................................... 354
2. NEPA AS AN ENVIRONMENTAL CHARTER ................................... 357
3. PRAGMATIC MODESTY ................................................................ 360
4. FOR NOWADAYS THE WORLD IS LIT BY LIGHTNING ..................... 36
Debunked, Discredited, but Still Defended: Why Prosecutors Resist Challenges to Bad Science and Some Suggestions for Crafting Remedies for Wrongful Conviction Based on Changed Science
Get PDFFlawed science has significantly contributed to wrongful convictions. Courts struggle with how to address such convictions when the mistaken science (such as bogus expert claims about the differences between accidental fires and intentionally set ones) significantly affected the guilty verdict but there is no DNA evidence to directly exonerate the accused. My short piece explores why prosecutors often defend bad science. Mistakes in science tend to serve the prosecution, but there are other more subtle factors that explain prosecutors’ reluctance to address flawed forensic testimony. Such reluctance may arise from fondness for the status quo and a resistance to subverting the authority of experts or questioning long-accepted courtroom traditions. Thus, many judges and prosecutors cling to established legal precedent even when the underlying science has been discredited. This reflects, at least in part, larger intellectual and scientific debates; those who refuse to question previous orthodoxies may be expressing resistance to the whole scientific enterprise, which constantly calls for challenging and revising hypotheses, unsettling prior beliefs. Judges and prosecutors resisting challenges to questionable science seem to resent the challenge to established expert authority and reject the horrifying notion that convictions could have been wrongful. In the cases of bite mark and microscopic hair analysis (two discredited types of forensic expertise), some prosecutors display almost a religious fervor, insisting that each human being is identifiably and unmistakably unique, wrongly insisting that scientist can accurately differentiate among the bite marks and hairs of different people (one so-called expert couldn’t even distinguish a human from a dog hair). After analyzing the culture of prosecutors’ offices and discussing how prosecutorial resistance to abandoning bad science reflects prosecutors’ self-image as justice seekers, I suggest strategies and mechanisms for encouraging prosecutors to abandon bad science
Ex-Felon Disenfranchisement and the Fifteenth Amendment: A Constitutional Challenge to Post-Sentence Disenfranchisement
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Dean\u27s Desk: IU Maurer programs supporting careers in cybersecurity
Get PDFA recent Bureau of Labor Statistics report estimated a near 30 percent growth in coming years for information security professionals, far outpacing most other job types. While Indiana University has long recognized the importance of data security and privacy, multiple new initiatives are ensuring that the next generation of chief information security officers, systems analysts, privacy professionals and others will come from our law school.
One of the ways the law school is leading the way is through the university’s new master of science in cybersecurity risk management. That degree program combines the resources of three of IU’s top-ranked schools — the Kelley School of Business, the School of Informatics, Computing, and Engineering and the Maurer School of Law — to provide students with a broad range of courses that prepare them for a world where technologies evolve faster than the laws and policies that govern them. The program’s interdisciplinary approach enables students and practitioners to identify and learn to mitigate cyber threats in their chosen career
The Sufficiency of Information Privacy Protection in Saudi Arabia
Get PDFSince the technology revolution, the rules of privacy law have rapidly changed in many countries to keep pace with new privacy challenges. Surprisingly, Saudi Arabia has no specific data protection legislation. This does not necessarily mean that people’s personal information is totally unprotected. In fact, the legal system in Saudi Arabia relies on both Islamic jurisprudence and written laws. Sharia law, the paramount body of law in Saudi Arabia, places a high value on an individual\u27s privacy and prohibits any invasions therein, except in very limited circumstances. Moreover, other provisions relating to the sanctity and safety of individuals’ personal data are spread out over several legislative instruments. The dissertation discusses whether the current level of protection of individuals’ rights to privacy—particularly in the digital world— offered by both Sharia law and Saudi regulations is sufficient and effective; and recommends practical steps that can be taken to develop a stronger information privacy system
Judicial Intervention As Judicial Restraint
Get PDFThis paper examines the Court\u27s decision in Gill v. Whitford. It advances two claims. First, it provides a comprehensive account of the Court\u27s skepticism of judicial supervision of democratic politics, an account that we call the narrative of nonintervention. It situates Gill within that account and argues that the Court\u27s reluctance to intervene is a function of the Court\u27s institutional calculus that it ought to protect its legitimacy and institutional capital when it engages in what look like political fights. Second, the paper provides an instrumentalist account for judicial intervention. It argues that the Court should intervene to prevent partisan gerrymanders, not only because partisan gerrymandering is harmful, but also because of what partisan gerrymandering communicates about the normativity of the manipulation of electoral rules for partisan gain
Does Enforcement Reduce Voluntary Tax Compliance?
Get PDFGovernments generally use enforcement methods, such as audits and the imposition of penalties, to deter noncompliance with tax laws. Although this approach is consistent with most economic modeling of tax compliance, some scholars caution that enforcement may backfire, “crowding out” taxpayers’ intrinsic motivations to pay taxes to such an extent that they reduce their tax payments. This article analyzes the existing evidence to determine if this occurs. In fact, field studies suggest that enforcement tools, such as audits, are effective deterrents, generally greatly increasing tax collections. A few recent studies have found that audits have a negative effect on the subsequent tax payments of those found compliant on audit. This outcome, while perhaps initially surprising, is consistent with the deterrence model: a favorable outcome after audit may lower the audited taxpayer’s perceived likelihood of subsequent audit and the perceived magnitude of the sanction