Download this Paper Open PDF in Browser

When Natural Science Meets the Dismal Science

Arizona State University Law Journal, Fall 2010

Univ. of Wisconsin Legal Studies Research Paper No. 1111

73 Pages Posted: 22 Apr 2010  

Steph Tai

University of Wisconsin Law School

Date Written: April 21, 2010

Abstract

This article examines how the Supreme Court and appellate courts have taken into account developments in natural science and economics in evaluating Commerce Clause challenges to environmental laws, and applies this examination to the context of wetlands regulation. I present a descriptive claim: that courts, especially the Supreme Court, have already been incorporating new developments in science and economics in their Commerce Clause opinions; this use of developments in scientific and economic research, I contend, arises out of the empirical values embedded in the Constitution. I also argue that apparent doctrinal inconsistencies in Commerce Clause evaluations may arise from inconsistent but unstated commitments to different visions of the nature of science; accordingly, I urge courts to more expressly explore and acknowledge their underlying epistemological commitments in evaluating Commerce Clause challenges.

Keywords: commerce clause, natural science, economics

JEL Classification: K32, A1, A11, A12, K0, K32, Q51, Q57

Suggested Citation

Tai, Steph, When Natural Science Meets the Dismal Science (April 21, 2010). Arizona State University Law Journal, Fall 2010; Univ. of Wisconsin Legal Studies Research Paper No. 1111. Available at SSRN: https://ssrn.com/abstract=1593723 or http://dx.doi.org/10.2139/ssrn.1593723

Steph Tai (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

Paper statistics

Downloads
67
Rank
286,844
Abstract Views
717