Law Commons^™

The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann

Holly Doremus

No abstract provided.

Constitutive Law And Environmental Policy, Holly Doremus

Holly Doremus

No abstract provided.

Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus

Holly Doremus

The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …

Renewable Energy Storage Systems, Kyle Herman

Dr. Kyle S. Herman

This paper investigates various storage options for renewable energy, in an attempt to deter the insidious effect of the common notion that renewable energy is intermittent and thus cannot compete with fossil fuel or conventional energies, the object of this paper is to reveal a few basic storage options for renewable energy which are already widely deployed.

Carl Schmitt's Critique Of Liberalism And The European Union, Kyle S. Herman

Dr. Kyle S. Herman

I invoke Carl Schmitt's Critique of Liberalism outlined in "The Concept of the Political" to better understand the European Union (EU) as a governmental institution. It is my contention that the EU is a liberal institution, with the sole intent to drive economic policy while ignoring identity, similar to what Schmitt rails against in his critique of liberalism. For that reason I demonstrate how the EU fits well into the mold Schmitt laid out to identify liberal politics. Therefore I use Schmitt's critique as both a starting point for defining the European Union and, by superimposing his critique onto the …

Danish Wind Energy Innovation, Kyle S. Herman

Dr. Kyle S. Herman

This article compares the exceptional Danish wind energy innovation system with the system employed by the US government. The underlying assumption about innovation systems in the US is that they are technologically driven, and past technological advances can be built upon leading to break-through innovations. However in Denmark, innovation was driven from citizens and relied on no break-through technologies, but rather a piecemeal process of collective, smaller innovations. For wind energy, this process was far more successful than the technologically driven innovation system in the US.

Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire

Chad J McGuire

Ch 21. 'Future Perspectives On Solar Fuels', Thomas A. Faunce

Thomas A Faunce

This chapter opens by examining whether the research and development of molecular solar fuels will be characterized in future by its promotion of fundamental societal virtues such as equality and environmental sustainability. As a thought experiment, it presents a vision of some important elements of such a future world—one where energy is primarily not only a matter of global artificial photosynthesis (GAP), but of such virtues. Central to the future perspective presented here is nanotechnological construction with enhanced efficiency of each aspect of the natural photosynthetic process into units capable of inexpensive mass production for domestic use. This involves a …

Governing Planetary Nanomedicine: Environmental Sustainability And A Unesco Universal Declaration On The Bioethics And Human Rights Of Natural And Artificial Photosynthesis (Global Solar Fuels And Foods)., Thomas A. Faunce

Thomas A Faunce

Environmental and public health-focused sciences are increasingly characterised as constituting an emerging discipline—planetary medicine. From a governance perspective, the ethical components of that discipline may usefully be viewed as bestowing upon our ailing natural environment the symbolic moral status of a patient. Such components emphasise, for example, the origins and content of professional and social virtues and related ethical principles needed to promote global governance systems and policies that reduce ecological stresses and pathologies derived from human overpopulation, selfishness and greed— such as pollution, loss of biodiversity, deforestation and greenhouse gas emissions, as well as provide necessary energy, water and …

A Bad Trip For Health-Related Human Rights: Implications Of Momcilovic V The Queen (2011) 85 Aljr 957, Tim Vines, Thomas A. Faunce

Thomas A Faunce

Momcilovic v The Queen (2011) 85 ALJR 957 [PDF] ; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) . The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in a manner consistent with a defined list of human rights. By a slim majority it also held that the Charter validly created a judicial power to "declare" a law inconsistent with one or …

Challenges To Australia’S National Health Policy From Trade And Investment Agreements, Thomas A. Faunce

Thomas A Faunce

Recent federal trade policy commitments concerning the Trans-Pacific Partnership Agreement (TPPA) negotiations (against changes to the Pharmaceutical Benefits Scheme (PBS) and against inclusion of an investor state provision) could protect Australia’s tobacco control legislation and Australia's sovereign capacity to regulate public health and environmental policy

The Proposed Ban On Certain Nanomaterials For Electrical And Electronic Equipment In Europe: Global Security Implications, Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

International collaboration on nanotechnology governance has so far paid little attention to security implications of regulating the use of nanotechnology. For example, the Coalition of Non-Governmental Organizations (initiated by the International Centre for Technological Assessment) developed 'Principles for the Oversight of Nanotechnologies and Nanomaterials' to provide a set of ethical standards for nanotechnology research and development (Kimbrell, 2009). Similar initiatives are observed at the national level, as has been seen in the Swiss Retailers Association Code of Conduct and the UK's Responsible NanoCode (Bowman and Hodge, 2009, pp.149-152). The Organization for Economic Co-operation and Development (OECD) has also been active …

Towards Global Artificial Photosynthesis (Global Solar Fuels): Energy, Nanochemistry And Governance, Thomas A. Faunce

Thomas A Faunce

Introduction to special open access edition of Australian Journal of Chemistry with papers from 'Towards Global Artificial Photosynthesis: Energy, Nanochemistry and Governance' conference Lord Howe Island 2011

Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire

Chad J McGuire

Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill

Chad J McGuire