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Articles 1 - 8 of 8
Full-Text Articles in Entire DC Network
Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival
Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival
Faculty Articles
Although federal environmental law purports to provide the public with comprehensive protection against chemical risks, the U.S. chemical industry is characterized by self regulation. This self-regulation is exemplified by the dangers posed by per- and polyfluoroalkyl substances (''PFAS'') broad classes of persistent toxic substances that have now entered nearly every American's bloodstream and hundreds of public drinking water systems. Despite data linking exposure to these "forever chemicals" to cancer, infertility, and a host of other public health harms, environmental law has failed to safeguard the American people from PFAS' toxic legacy. How did this occur? And what should be done …
Localizing The Green Energy Revolution, Hannah J. Wiseman
Localizing The Green Energy Revolution, Hannah J. Wiseman
Emory Law Journal Online
The United States is on the verge of a new industrial revolution. Renewable energy could replace more than 60% of our current energy generation infrastructure in fifteen years. This change is critical, yet it risks failure. The renewable generation already built in the United States consists primarily of large-scale projects connected to transmission lines in rural areas. The expansive new generation needed to reduce carbon emissions must also be predominantly large-scale, and rural, for reasons of efficiency. But a revolution that focuses nearly exclusively on “big energy” is likely to encounter obstacles, and it has downsides that could be mitigated …
Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. Mccuskey, Matthew B. Lawrence, Erin C. Fuse Brown
Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. Mccuskey, Matthew B. Lawrence, Erin C. Fuse Brown
Faculty Articles
This Article connects the failed, inequitable U.S. coronavirus pandemic response to conceptual and structural constraints that have held back U.S health reform for decades and calls for reconstruction. For more than a half-century, a cramped “iron triangle” ethos has constrained health reform conceptually. Reforms aimed to balance individual interests in cost, quality, and access to health care, while marginalizing equity, solidarity, and public health. In the iron triangle era, reforms unquestioningly accommodated four legally and logistically entrenched fixtures — individualism, fiscal fragmentation, privatization, and federalism — that distort and diffuse any reach toward social justice. The profound racial disparities and …
Is Climate Change A National Emergency?, Mark P. Nevitt
Is Climate Change A National Emergency?, Mark P. Nevitt
Faculty Articles
The next decade is critical for climate action. As sea levels rise, wildfires rage, and disasters increase in frequency and scale, it is clear that the U.S. must leverage an expanding menu of legal, policy, and technological tools to address climate change’s destabilizing effects. At present, we remain off-track to reduce our collective greenhouse gas (“GHG”) emissions and avoid irreversible, catastrophic harm. The emissions gap — the difference between the world’s current emissions trajectory and what we must emit to avoid climate change’s most severe consequences — continues to grow. Although President Biden and the 117th congressional leadership have pledged …
On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt
On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt
Faculty Articles
This Article offers a new way to think about climate change. Two new climate change assessments—the 2018 Fourth National Climate Assessment (“NCA”) and the United Nations Intergovernmental Panel on Climate Change’s Special Report on Climate Change— prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change an environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement within nations …
Vulnerability And Social Justice, Martha Albertson Fineman
Vulnerability And Social Justice, Martha Albertson Fineman
Faculty Articles
This Article briefly considers the origins of the term social justice and its evolution beside our understandings of human rights and liberalism, which are two other significant justice categories. After this reflection on the contemporary meaning of social justice, I suggest that vulnerability theory, which seeks to replace the rational man of liberal legal thought with the vulnerable subject, should be used to define the contours of the term. Recognition of fundamental, universal, and perpetual human vulnerability reveals the fallacies inherent in the ideals of autonomy, independence, and individual responsibility that have supplanted an appreciation of the social. I suggest …
Biohazard: The Medical Loss Ratio As Constitutionally Permissible Garbage (And How To Dispose Of It), Joseph Erkenbrack
Biohazard: The Medical Loss Ratio As Constitutionally Permissible Garbage (And How To Dispose Of It), Joseph Erkenbrack
Emory Corporate Governance and Accountability Review Perspectives
Since the Affordable Care Act (ACA) became law in 2010, it has been subject to political and constitutional scrutiny. While most critics have focused on the expansion of Medicaid and the individual mandate, the rest of the bill is by no means universally praised. One such controversial provision is the Medical Loss Ratio (MLR). Congress crafted the MLR with the purpose to improve patient care and reduce unnecessary administrative spending and excessive corporate profits. Those companies which do not, in a given year, spend the mandated amount on patient care, as opposed to other expenses, must make up the difference …
An International Human Right To Self-Sufficiency, Haley Palfreyman Jankowski
An International Human Right To Self-Sufficiency, Haley Palfreyman Jankowski
Emory International Law Review Recent Developments
With the recent onslaught of global natural disasters and terrorism attacks, all people should be preparing themselves. To allow for this necessary preparation, the world community should recognize an international human right of all people to live in an environment of self-sufficiency. International law scholars have recognized similar rights and have often mentioned the importance of self-sufficiency in the context of these other rights, but none have yet cited self-sufficiency as an independent right. In this article, Haley Palfreyman Jankowski argues that such a right is inherent to every individual and is a natural outgrowth of several basic recognized human …