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Kirk W Junker

2004

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Full-Text Articles in Law

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 …

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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 …

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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, …

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