Article

Listing Decisions Under the Endangered Species Act: Why Better Science Isn’t Always Better Policy

Holly Doremus
This Article offers an alternative approach to ESA listing determinations which would better combine scientific credibility with democratic legitimacy. As background to the current problem, Part II explains the origins of the ESA’s stringent strictly science mandate. Part III considers the nature and limits of scientific information and explains how the scientific process can identify the best available scientific information. Part IV evaluates the specific decisions required for ESA listings…
Article

The Consequences of Consensus: Dangerous Compromises of the Food Quality Protection Act

Frank B. Cross
The central thesis of this Article is that pesticide residues in food have been and will continue to be overregulated. Parts I and II of this article set forth the history of government regulation of pesticides in food, and the new provisions of the Food Quality Protection Act (“FQPA”). Part III examines the implications of new legislative requirements and observes how they may perversely increase harm to overall public health.…
Article

Professional Fees and Other Direct Costs in Chapter 7 Business Liquidations

Stephen P. Ferris and Robert M. Lawless
Here we provide a comprehensive look at direct costs associated with chapter 7 business bankruptcy liquidations by examining cases from five geographically dispersed judicial districts. This Article measures chapter 7 direct costs, which are essentially out-of-pocket administrative costs associated with chapter 7 proceedings. Examples of direct costs include attorneys’ fees, filing fees, and other professional fees. Part II describes the procedures we followed in gathering data. Part II also sets…
Article

Of Holocausts and Gun Control

Don B. Kates Jr. and Daniel D. Polsby
This Article seeks to reclaim a serious argument from the lunatic fringe. We argue a connection exists between the restrictiveness of a country’s civilian weapons policy and its liability to commit genocide upon its own people. This notion has received a good deal of disdainful public attention over the past several years because of the Oklahoma City bombing, the “Republic of Texas” siege, and the inflamed subculture from which the…