The Ethics of Implementation: Institutional Remedies and the Lawyer's Role

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

Temporal and Spatial Variations of Ions, Isotopes and Agricultural Contaminants in Surface Waters and Groundwater of Nebraska's Rainwater Basin Wetland Region

The wetlands of south-central Nebraska’s Rainwater Basin region are considered of international importance as a habitat for millions of migratory birds, but are being endangered by agricultural practices. The Rainwater Basin extends across 17 counties and covers 4,000 square miles. The purpose of this study was to assemble baseline chemical data for several representative wetlands across the Rainwater Basin region, and determine the use of these chemical data for investigating groundwater recharge. Eight representative wetlands were chosen across the Rainwater Basin to monitor surface and groundwater chemistry. At each site, a shallow well and deep well were installed and sampled once in the summer of 2009 and again in the spring of 2010. Wetland surface water was sampled monthly from April, 2009 to May, 2010. Waters were analyzed for major ions, nutrients, pesticides and oxygen-18 and deuterium isotopes at the University of Nebraska Water Sciences Laboratory. Geochemical analysis of surface waters presents a range of temporal and spatial variations. Wetlands had variable water volumes, isotopic compositions, ion chemistries and agricultural contaminant levels throughout the year and, except for a few trends, theses variations cannot be predicted with certainty year-to-year or wetland-to-wetland. Isotopic compositions showed evaporation was a contributor to water loss, and thus, did impact water chemistry. Surface water nitrate concentrations ranged from <0.10 to 4.04 mg/L. The nitrate levels are much higher in the groundwater, ranging from <0.10 to 18.4 mg/L, and are of concern because they are found above the maximum contaminant level (MCL) of 10 mg/L. Atrazine concentrations in surface waters ranged from <0.05 to 10.3 ppb. Groundwater atrazine concentrations ranged from <0.05 to 0.28 ppb. The high atrazine concentrations in surface waters are of concern as they are above the MCL of 3 ppb, and the highest levels occur during the spring bird migration. Most sampled groundwaters had detectable tritium indicating a mix of modern (<5 to 10 years old) and submodern (older than 1950s) recharge. The groundwater also had differences in chemical and isotope composition, and in some cases, increased nitrate concentrations, between the two sampling periods. Modern groundwater tritium ages and changes in groundwater chemical and isotopic compositions may indicate connections with surface waters in the Rainwater Basin.

ANIMAL POPULATION ECOLOGY AND CONTROL FUNDAMENTALS

Expensive, extensive and apparently lethal control measures have been applied against many species of pest vertebrates and invertebrates for decades. In spite of this, few pests have been annihilated, and in many cases the stated goals have become progressively more modest, so that now we speak of saving foliage or a crop, rather than extermination. It is of interest to examine the reasons why animals are so difficult to exterminate, because this matter, of course, has implications for the type of control policy we pursue in the future. Also, it has implications for the problem of evaluating comparatively various resource management strategies. There are many biological mechanisms which could, in principle, enhance the performance of an animal population after control measures have been applied against it. These are of four main types: genetic, physiological, populationa1, and environmental. We are all familiar with the fact that in applying a control measure, we are, from the pest's point of view, applying intense selection pressure in favor of those individuals that may be preadapted to withstand the type of control being used. The well-known book by Brown (1958) documents, for invertebrates, a tremendous number of such cases. Presumably, vertebrates can show the same responses. Not quite so familiar is the evidence that sub-lethal doses of a lethal chemical may have a physiologically stimulating effect on population performance of the few individuals that happen to survive (Kuenen, 1958). With further research, we may find that this phenomenon occurs throughout the animal kingdom. Still less widely recognized is the fact that pest control elicits a populational homeostatic mechanism, as well as genetic and physiological homeostatic mechanisms. Many ecologists, such as Odum and Allee (1950, Slobodkin (1955), Klomp (1962) and the present author (1961, 1963) have pointed out that the curve for generation survival, or the curve for trend index as a function of last generations density is of great importance in population dynamics.