Pacific Standard May-June 2013 Cover

Seeking Second Chances Without DNA

(PHOTO: ILYA ANDRIYANOV/SHUTTERSTOCK)

The most hopeful scenario possible for innocent inmates fighting a wrongful conviction is when DNA testing of existing evidence might be enough to exonerate them. DNA holds out an unparalleled promise of certainty. As far as evidence goes, it’s the gold standard; solid science. Just last month, a Louisiana man became the 300th inmate in the U.S. exonerated by it. Yet DNA evidence plays no role in 90 to 95 percent of criminal convictions and the inmates in such cases' subsequent innocence claims. Often biological evidence simply doesn’t exist. Sometimes it has been badly degraded or has ... Read More

Can the Supreme Court Survive a Health-Care Decision?

Partisanship and Support for the U.S. Supreme Court

Legitimacy is for losers. This spring, the U.S. Supreme Court will announce one of its most important decisions since its ruling in Bush v. Gore. The decision in the cases — all having to do with the constitutionality of President Obama’s Affordable Care Act — likely will have vast political consequences, perhaps well beyond health care itself. The court will also decide a number of other blockbuster cases in 2012, from the highly polarized Arizona immigration legislation (whether people can be stopped by the police and interrogated about their immigration status) to the question of ... Read More

‘Orcas as Slaves’ Argument Sinks

Approaching Abraham Lincoln’s birthday, we now know that the Great Emancipator did not free the orcas. So ruled U.S. District Judge Jeffrey Miller on Wednesday, as he rejected an attempt to use the U.S. Constitution’s 13th Amendment to free five performing animals at SeaWorld. The advocacy group PETA had sued SeaWorld, claiming that the five orcas — always referred to by the names Tilikum, Katina, Corky, Kasatka, and Ulises so as to emphasize their putative personhood — were being held in involuntary servitude, which violates the amendment enacted just after the Civil War to outlaw ... Read More

Five Orcas, Five Slaves or Five Persons?

In late December we asked the provocative question “Should Animals Be Considered People?” in exploring the philosophy of legal scholar Steven Wise. Since 1984, Wise has followed a 25-year plan to have animals declared “legal persons” and afforded basic common law rights. As we wrote then, “He hopes to bring the first lawsuit in 2012. A case, he says, will not be hard to find, although the exact plaintiff — circus elephant, research lab primate? — hasn’t been determined.” An adjunct professor at Oregon’s Lewis and Clark Law School, Wise is the founder and president ... Read More

SOPA Debate Highlights Congress’s Ignorance

When members of Congress earlier this month considered the Stop Online Piracy Act — better known to anyone who actually hangs out on the Internet as #SOPA — the most notable feature of the debate turned out to be the sheer ignorance of the elected officials discussing it. One after the other, members of the U.S. House of Representatives professed — nay, bragged about — approaching this weighty legislation from the vantage point of someone who is not “a nerd” or a “tech expert.” Nerds and tech experts, and plenty of savvy Internet users who don’t consider themselves either ... Read More

Pets, Vets and Stalking Horses

It’s not just on campus research labs that some are feeling the heat brought by increasingly sophisticated efforts to enshrine animal rights. Veterinarians are right on the front lines of animal rights litigation, veterinary ethicist Jerrold Tannenbaum told attendees at a 2010 Society for Neuroscience panel titled “Conferring Legal Rights to Animals: Research in the Crosshairs.” That’s because of a trend that started in the 1990s to push for what lawyers would call “non-economic” damages like “emotional distress” or loss of companionship. Pepperdine University law ... Read More

Should Animals Be Considered People?

This is the second of several stories exploring the contentious relationship between the scientific community that insists animal research is essential to medical progress and the animal rights activists working to abolish animal experimentation. In part one, we examine pressure put on the biomedical research community by an increasingly savvy animal-rights effort. On December 19, 1994, animal protection lawyer Steven Wise — a deeply patient man — was frustrated. A decade into his 25-year plan to upend the fundamental legal principle that animals are property or “things” with no ... Read More

Imagine There’s No Law; It’s Easy If You Try

For the past 40 years, David Friedman has been thinking about what it might look like to have a society with private property but no legal system as we think of it today. We would, of course, need some way of protecting that private property, of settling disputes in the event of a robbery or a hit-and-run. But could we have the end product of a legal system — the enforcement of rights — without the law itself? (If you were unsettled by the prospect of law with fewer lawyers, this idea really pushes the envelope.) Friedman, a law professor at Santa Clara University, first broached this ... Read More

Patchwork of Gun Laws Assists Traffickers

Patchwork of Gun Laws Assists Traffickers

The range of gun laws in states across the country is vast. Some states demand stricter background checks, and others make it easier to purchase weapons at gun shows. Wisconsin and Illinois don't offer concealed carry permits, while every other state does. California just outlawed openly carrying an unloaded gun in public. Federal law excludes convicted felons from purchasing guns, but some states add to that black list anyone with a violent misdemeanor on their record. The cumulative effect is a national patchwork reflecting regional cultural differences around gun politics. But Brown ... Read More

Law Without (As Many) Lawyers

Why can’t lawyers be more like doctors? A form of that question — actually more like, ‘Why can’t the legal profession operate more like the medical profession?’ — is asked by law and economics professor Gillian K. Hadfield in this podcast. (Click below to listen or download.) [audio:http://www.psmag.com/wp-content/uploads/podcast/hadfield.mp3] The University of Southern California professor, whose Research Essay “Legal Services Wanted; Lawyers Need Not Apply” in the July-August edition of Miller-McCune magazine covered that question and others, argues that there’s a ... Read More