Conventional Wisdom, De-Emption, And Uncooperative Federalism In International Environmental Agreements, Kirk W. Junker
Dec 2003
Conventional Wisdom, De-Emption, And Uncooperative Federalism In International Environmental Agreements, Kirk W. Junker
Kirk W Junker
What powers do the several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the powers that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author’s own concept of “deemption.” The United States Senate’s explicit refusal to ratify the Kyoto Protocol, coupled with the consequent state initiatives …
Making Rights From What's Left Of Darwinism, Kirk W. Junker
Dec 2003
Making Rights From What's Left Of Darwinism, Kirk W. Junker
Kirk W Junker
The legal, political, and social meaning of the work of Charles Darwin has been claimed as resident to conservative and liberal homes alike. Peter Singer’s unique admixture of personal liberal politics and what may look to be an extremely conservative philosophy of nature
expose some over-simplicity in traditional ‘right’ and ‘left’ categories. In ‘‘Recovering
the Left from Darwin in the 21st Century’’, Steve Fuller provides us with insightful historical
and sociological contexts for Singer’s challenges. In this article, Kirk Junker takes one aspect of the trajectory ‘the notion of natural rights’ and examines their social construction, linguistic maintenance, and legal …
Reading Attitute In The Constitutional Wish, Kirk W. Junker
Dec 2003
Reading Attitute In The Constitutional Wish, Kirk W. Junker
Kirk W Junker
In his essay "Opponents, Audiences, Constitutencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society..." To the literary critic he admonishes:
Whe you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, of course, but it …
Reading Attitude In The Constitutional Wish, Kirk W. Junker
Dec 2003
Reading Attitude In The Constitutional Wish, Kirk W. Junker
Kirk W Junker
In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' To the literary critic he admonishes: "When you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, …
