activists' right to present a climate necessity defense
. (1) The
Denied a necessity defense
, I was allowed some small leeway to introduce a barest minimum of climate science in my direct testimony, as it related to my state of mind.
Statistical evidence is crucial in each stage of disparate impact's three-stage analysis: (1) the plaintiff's prima facie demonstration of a policy's disparate impact; (2) the defendant's job-related business necessity defense
of the discriminatory policy; and (3) the plaintiff's demonstration of an alternative policy without the same discriminatory impact.
at 319-21 (examining the use of the necessity defense
The business necessity defense
presents a huge obstacle for
To combat the fear of excluding low-income borrowers, the Inclusive Communities Court expanded the use of the business necessity defense
so that only practices or policies that create an artificial, arbitrary, and unnecessary barrier to capital or a loan are liable under the FHA through disparate impact theory.
Second, the government asserts that evidence related to compliance with state medical marijuana laws is irrelevant because the Supreme Court has established that "medical necessity is not a defense to manufacturing and distributing marijuana." (74) This argument implicitly assumes that evidence of state medical marijuana law is only probative of one potential "fact of consequence" in a trafficking prosecution: whether marijuana establishes a necessity defense
. The government reasons that since the Supreme Court has foreclosed marijuana-trafficking defendants from relying on the medical necessity defense
, personal use evidence makes no fact of consequence more or less likely and should therefore be excluded under Rule 402.
(37) Indeed, until the late twentieth century, national security was seen as the only state interest essential enough to merit a valid necessity defense
. (38) However, it took considerably less time for the doctrine of necessity--at least as it relates to existential interests and express treaty obligations--to move from the dissent to the majority.
(21) See Laura J Schulkind, "Applying the Necessity Defense
to Civil Disobedience Cases", Note, (1989) 64:1 NYUL Rev 79 at 99.
(5) In many of the claims against it, Argentina consistently raised the defense that it should be excused from liability for damages to foreign investments because of the "state of necessity" during its economic crisis, (6) otherwise known as a necessity defense
. Argentina has argued for a necessity defense
in claims brought by investors in many different industries, including infrastructure, manufacturing, and natural resources.
Anticipating an unfair trial, they elected to defend themselves using a necessity defense
; they argued that they were acting under circumstances that permitted no alternative action.