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Full-Text Articles in Law
Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot
Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot
Scholarly Publications
Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of two instruments: …
Geier V. American Honda Motor Co.: A Story Of Statutes, Regulation And The Common Law, Peter L. Strauss
Geier V. American Honda Motor Co.: A Story Of Statutes, Regulation And The Common Law, Peter L. Strauss
Faculty Scholarship
This essay was written as a contribution to one of Foundation's "Story" series. In Geier, a lawsuit had been brought on behalf of a teenager whose injuries from an accident might have been lessened if her car had contained an airbag. Plaintiffs sued on the straightforward basis that the design choice to omit a safety device of proven merit made the car unreasonably hazardous. Federal safety regulations had required the maker of her car to install some such device as an airbag in at least 10% of the cars it made the year it made her car – but her …
Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson
Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson
Book Chapters
American government is an experiment in redundancy, with powers and duties shared among federal, state, and local decision makers. The arrangement is designed to divide power, maximize self-rule, and foster innovation, but it also can breed confusion. In the areas of public safety and environmental protection, state and federal leaders (to name the two most active players in these disputes) are often seen jockeying for the inside track, hoping to secure the resources or authority needed to promote their views of the public good or gain politically. To outside observers, the best outcomes are not obvious. For example, should the …