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"LAWS AND REGULATIONS"
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Genetic resources and traditional knowledge : case studies and conflicting interests
This study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diveristy through to the Declaration of Rights of Indigenous Peoples and the Nagoya Protocol.
Book
Due Process as Separation of Powers
From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern \"substantive due process\" have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was a court's role to do so pursuant to established and general law. This principle was applied against insufficiently general and prospective legislative acts under a variety of state and federal constitutional provisions through the antebellum era. Contrary to the claims of some scholars, however, there was virtually no precedent before the Fourteenth Amendment for invalidating laws that restricted liberty or the use of property. Contemporary resorts to originalism to support modern substantive due process doctrines are therefore misplaced. Understanding due process as a particular instantiation of separation of powers does, however, shed new light on a number of key twentieth-century cases which have not been fully analyzed under the requirements of due process of law.
Journal Article
The Minamata Convention on Mercury: A First Step toward Protecting Future Generations
[4][,][5] Decades after industrial dumping ceased, thousands of survivors of these incidents are still suffering from a host of neurological symptoms, including tremors, dizziness, headaches, memory loss, and vision and hearing problems; the most severe cases also involve developmental disabilities, cognitive and motor dysfunction, and physical abnormalities. [...]that forecast does not account for climate change, which may complicate things, for instance by thawing northern tundra and releasing long-stored mercury back into circulation. While hailing the convention as a landmark achievement, Harvard's Grandjean says he hopes countries will go beyond its mandates, particularly when it comes to protecting children's health with measures such as provision of dietary advice and routine screening of pregnant women for mercury exposure.
Journal Article
Contrasting Daytime Habitat Selection in Wild Red Deer Within and Outside Hunting Ban Areas Emphasises Importance of Small‐Scale Refuges From Humans
Prey species such as red deer (Cervus elaphus) select their habitats according to their requirements for landscape features and adapt this selection to the presence of predators and humans. We tested how networks of different types of protected areas—the Swiss National Park (SNP) without hunting but with additional regulations for humans, and smaller‐scale hunting ban areas (all types together = HBAs)—influenced diurnal and nocturnal habitat selection in red deer compared with unprotected areas. Using integrated step selection functions, we compared habitat selection of 243 GPS‐collared individuals from six study areas across the Central Alps during day and night, during the year and specifically during the short autumnal hunting season. During the day, red deer avoided habitats where encounters with humans were likely, i.e., they selected for denser tree cover, greater distances to trails, steeper slopes, and for most of the year, for higher elevation. Importantly, in summer and autumn, they selected HBAs. At night, they showed the opposite selection. This daily pattern was absent in the study area centred on the SNP, where habitat selection was less specific overall. During the main hunting season, they selected HBAs over areas without protection during both day and night, and concurrently, habitat selection was less specific inside compared with outside HBAs. HBAs allow red deer to select habitat largely independently of human impact. Accordingly, compensating habitat selection at night due to human disturbance during the daytime was observed in all study areas, except for the region centered on the SNP. Our results suggest that in human‐dominated landscapes, networks of small‐scale HBAs can support more natural habitat selection of the animals, especially when providing additional regulations to humans. The analyses of GPS locations have shown that in human‐dominated landscapes, networks of hunting ban areas allow red deer to select habitat largely independently of human impact.
Journal Article
The Medicinal Phage—Regulatory Roadmap for Phage Therapy under EU Pharmaceutical Legislation
Bacteriophage therapy is a promising approach to treating bacterial infections. Research and development of bacteriophage therapy is intensifying due to the increase in antibiotic resistance and the faltering development of new antibiotics. Bacteriophage therapy uses bacteriophages (phages), i.e., prokaryotic viruses, to specifically target and kill pathogenic bacteria. The legal handling of this type of therapy raises several questions. These include whether phage therapeutics belong to a specially regulated class of medicinal products, and which legal framework should be followed with regard to the various technical ways in which phage therapeutics can be manufactured and administered. The article shows to which class of medicinal products phage therapeutics from wild type phages and from genetically modified (designer) phages do or do not belong. Furthermore, the article explains which legal framework is relevant for the manufacture and administration of phage therapeutics, which are manufactured in advance in a uniform, patient-independent manner, and for tailor-made patient-specific phage therapeutics. For the systematically coherent, successful translation of phage therapy, the article considers pharmaceutical law and related legal areas, such as genetic engineering law. Finally, the article shows how the planned legislative revisions of Directive 2001/83/EC and Regulation (EC) No 726/2004 may affect the legal future of phage therapy.
Journal Article
Is History Precedent?
It has been just over three years since the Supreme Court instructed lower courts to evaluate Second Amendment challenges by examining history and tradition. And it is no secret that the courts have struggled. This Article tackles a phenomenon that is born of that struggle. Overwhelmed by the task of evaluating historical claims, lower courts instead are turning to other judges as authorities on history. They are using what I call in this Article \"historical precedents\"–meaning language about history from an older decision that the subsequent judge then treats as authority, not as part of a legal rule but for the truth of the matter asserted. This practice presents a very interesting puzzle: Once the Supreme Court blesses a historical source or a historical narrative, does that conclusion–in and of itself– bind other courts to the same answer about what happened in the past?
Journal Article
IMPLEMENTATION AND EFFECTIVENESS OF CONNECTICUT'S RISK-BASED GUN REMOVAL LAW: DOES IT PREVENT SUICIDES?
Developing practical, effective, and legally sustainable policies to separate firearms from people at risk of harm ing themselves or others presents a potentially important, but challenging, public health opportunity for gun violence prevention in the US. This article sketches the relevant policy landscape in order to demonstrate that point-of-purchase background checks are a necessary but insufficient component of a strategy to reduce gun violence in the US, and that risk-based preemptive gun removal schemes provide a complementary policy to bridge the gap. It then briefly recounts the history of enactment and gradual implementation of Connecticut's risk-based gun removal law, beginning with the high-profile homicide that drove public opinion to support the law.
Journal Article