Social and Behavioral Sciences Commons^™

Intent And Impact: How State And International Policy Affects Internally Displaced Peoples In African Countries, Kyana Burgess

Spectrum

No abstract provided.

Securitize Me: Stimulating Renewable Energy Financing By Embracing The Capital Markets, Andrew C. Fink

The University of New Hampshire Law Review

The current system of financing renewable energy projects is broken and inadequate, especially when compared to the framework for participating in oil and gas ventures. The solution lies in borrowing accepted energy business practices and adapting them to solar and wind energy projects. This Article focuses on the current issues facing renewable energy project financing in the United States, analyzes failed attempts to stimulate growth, and presents the securitization of renewable energy assets as a solution. Drawing on current legal structure and debates from the corporate sphere, this Article also discusses specific securitization techniques that can help to democratize and …

A Machine Made Of Words: Our Incompletely Theorized Constitution, Gregory Brazeal

The University of New Hampshire Law Review

[Excerpt]”Many scholars have observed that the Constitution of the United States can be understood as an example of what Cass Sunstein calls an “incompletely theorized agreement.” The Constitution contains a number of extremely general terms, such as “liberty,” “necessary and proper,” and “due process.” The Framers of the Constitution, it is suggested, did not attempt to specify precisely how each of these principles would operate in every case. On this view, the Constitution is incompletely theorized in the sense of representing “a comfortable and even emphatic agreement on a general principle, accompanied by sharp disagreement about particular cases.” For example, …

Guantanamo And Beyond: Reflections On The Past, Present, And Future Of Preventive Detention, Kristine A. Huskey

The University of New Hampshire Law Review

[Excerpt] “January 11, 2011 began the tenth year of existence of the detention center at the U.S. Naval Base at Guantanamo Bay, Cuba (“Guantanamo” or “GTMO”). In human-being terms, what this means is that large numbers of men have been detained by the U.S. military for almost a decade, in prison-like conditions, without trial. In a pre-9/11 world, a “Guantanamo” and the idea of “detention without trial” would have been seen as decidedly un-American and a violation of our democratic values. Over the last decade, however, Guantanamo” and the practice of long-term detention without trial for terrorism suspects (or, “preventive …

Procedural Justice Post-9/11: The Effects Of Procedurally Unfair Treatment Of Detainees On Perceptions Of Global Legitimacy, David Welsh

The University of New Hampshire Law Review

[Excerpt] “The Global War on Terror has been ideologically framed as a struggle between the principles of freedom and democracy on the one hand and tyranny and extremism on the other. Although this war has arguably led to a short-term disruption of terrorist threats such as al-Qaeda, it has also damaged America’s image both at home and abroad. Throughout the world, there is a growing consensus that America has “a lack of credibility as a fair and just world leader.” The perceived legitimacy of the United States in the War on Terror is critical because terrorism is not a conventional …

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

The University of New Hampshire Law Review

[Excerpt] “In the lead up to the 2008 Presidential election, there was broad bipartisan support for closing the detention facility at Guantanamo Bay. President Bush was quoted as saying, “I’d like it to be over with.” John McCain and General Colin Powell echoed similar sentiments for ending detention at the naval base. In addition to prominent Republicans calling for closure, public opinion began to support finding alternative solutions for prisoners held at Guantanamo Bay.

Barack Obama wasted no time once sworn into office executing his central campaign promises. On January 22, 2009, two days after becoming the forty-fourth President of …

Territorial Sovereignty And The Evolving Boumediene Factors: Al Maqaleh V. Gates And The Future Of Detainee Habeas Corpus Rights, Luke R. Nelson

The University of New Hampshire Law Review

[Excerpt] “In November 2010, the U.S. government prosecuted in a civilian federal court an accused terrorist detainee housed since 2004 at the Guantanamo Bay Detention Center (Guantanamo Bay). The Obama Administration considered this trial a “test case” for prosecuting accused terrorist detainees in civilian federal courts. Of the more than 280 charges against the detainee defendant, a civilian jury convicted him of one count and acquitted him of the remaining charges. Yet, the defendant received a life sentence without parole.

This “test case” is one example of a changing landscape in international armed conflict and detainee rights jurisprudence following September …

The Death Penalty And The Society We Want, Stephen B. Bright

The University of New Hampshire Law Review

[Excerpt] “At the local level, we can tell a lot about a community by how it treats a homeless person suffering from schizophrenia who is begging on the street. One possibility is to look upon that person with the thought that there but for grace go I, that this person is desperately in need of help, and that we—individually and as a community—must respond by giving a helping hand and making sure that the person receives food, shelter, clothing, and care for such a debilitating mental illness. Another possibility is to simply ignore the person, to step around him or …

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

The Core Plan Or How I Learned To Stop Worrying And Love The Central City: Shifting Control Of Regional Mass Transit To The Central City, Jeffrey Baltruzak

The University of New Hampshire Law Review

[Excerpt] “Mass transit in the United States is moribund: it plays a meaningful transportation role in only a handful of American regions. It is clear that the status quo—where state-created special-purpose districts (SPDs) provide limited regional mass transit options and new mass transit construction progresses at a glacial pace—is a colossal failure. This failure necessitates a new model of mass transit ownership and management. It is time for the region’s central city to own and operate the region’s mass transit system extraterritorially, free from significant control by the outer cities (the suburbs) and the state. This article calls this arrangement …

Fixing Fisa For Long War: Regulating Warrantless Surveillance In The Age Of Terrorism, Adam Burton

The University of New Hampshire Law Review

[Excerpt] “The English poet W.H. Auden once claimed that “Peeping Toms are never praised, like novelists or bird watchers, for the keenness of their observations.” Perhaps Auden would have modified his maxim had he lived in the age of terrorism. A certain degree of government surveillance of even intimate communications is expected, encouraged, and indeed praised when the government’s efforts lead to the prevention of catastrophe. However, it is also expected that the government will minimize these intrusions, will conduct surveillance only on legitimate targets, and will follow the procedural safeguards that the representatives of the people have enacted in …

States’ Rights And The Scope Of The Treaty Power: Could The Patriot Act Be Constitutional As A Treaty?, Simcha Herzog

The University of New Hampshire Law Review

[Excerpt] “Consider the following hypothetical scenario: after an appeal by the American Civil Liberties Union, the Supreme Court determines that the Patriot Act is unconstitutional. This decision so infuriates President Bush that he seeks out the advice of his legal counsel in a frantic attempt to bypass the Court’s ruling. After some research, President Bush’s legal advisers give him two options: he can either attempt to pass an amendment to the constitution or, with the “advice and consent of the Senate,” he can sign the Patriot Act as a treaty with a foreign nation. Either of these measures will evade …

Introduction To Special Issue On Radiation Effects, P. Andrew Karam

The University of New Hampshire Law Review

[Excerpt] "How dangerous is radiation? How much radiation does it take to give us cancer? Are we wasting money on overly restrictive regulations, or are we not being sufficiently protective of our radiation workers and the public? How much clean-up is necessary on our Department of Energy facilities? What about Yucca Mountain and nuclear reactor plants – can they be made safe?

These are only a few of the questions that have been asked, and will continue to be asked, about radiation. Unfortunately, these all come down, in part or in whole, to the question “What is the shape of …

A Method For Modeling Low-Probability, High- Consequence Risk Events: Vessel Traffic On The Lower Mississippi River, George Wooddell, Robert Gramling, Craig J. Forsyth

The University of New Hampshire Law Review

[Excerpt] "A variety of commodities, from chlorine to corn and petroleum to passengers, are transported on the lower Mississippi River regularly. Corn, wheat and coal are the most commonly carried commodities. From a human health and safety perspective, these are relatively benign products in that a vessel accident and spill of these are not directly hazardous to people, whatever other ecological disturbances may ensue. However, over eighty million tons of petroleum products are transported on the river annually. Over a million tons of liquid natural gas traverse the river through the center of New Orleans. Additionally, over 400,000 tons of …

Effects Of The Shape Of The Radiation Dose-Response Curve On Public Acceptance Of Radiation And Nuclear Energy, Audeen W. Fentiman

The University of New Hampshire Law Review

[Excerpt] “The public generally accepts the premise that exposure to radiation can have an undesirable effect. Furthermore, it believes that as the radiation dose increases, the magnitude of the effect will increase. On the other hand, while the background radiation dose varies from a few hundred millirem/year (a few millisieverts/yr) in some places to a few thousand millirem/yr (tens of millisieverts/yr) in others, researchers have been unable to find a correlation between the level of background radiation and incidence of cancer or other maladies attributable to radiation.

…

Because there is considerable controversy about the relationship between radiation dose and …

The Precautionary Principle And Radiation Protection, Kenneth L. Mossman, Gary E. Marchant

RISK: Health, Safety & Environment (1990-2002)

The authors examine the application of the precautionary principle through a case study of ionizing radiation control and suggest a reevaluation of current radiation safety standards and practices.

Review Of: Peter Hoffman, Tomorrow's Energy: Hydrogen, Fuel Cells, And The Prospects For A Cleaner Planet, William H. Shaw Iii

RISK: Health, Safety & Environment (1990-2002)

Review of the book: Peter Hoffman, Tomorrow's Energy: Hydrogen, Fuel Cells, and the Prospects for a Cleaner Planet (MIT Press 2001). Illustrations, Foreword, Acknowledgments, Notes, Index. ISBN 0-262-08295-0 [289 pp. $32.95. Cloth, 5 Cambridge Center, Cambridge, MA 02142- 1493].

Internet Media In Technological Risk Amplification: Plutonium On Board The Cassini-Huygens Spacecraft, Christine M. Rodrigue

RISK: Health, Safety & Environment (1990-2002)

The author discusses how the Cassini controversy demonstrates the power of the Internet, particularly listservs and Usenet groups, and how this resource offers political activists an opportunity to affect the agendas of risk management policy decision-makers.

Review Of: Social Trust And The Management Of Risk (George Cvetkovich & Ragnar E. Loftstedt, Eds.), Mahua Roy Chowdhury

RISK: Health, Safety & Environment (1990-2002)

Review of the book: Social Trust and the Management of Risk (George Cvetkovich & Ragnar E. Löfstedt, eds., Earthscan Publications Ltd. 1999). Tables, Figures, and Boxes, Acronyms and Abbreviations, Forward, Preface, Introduction, References, Index. ISBN 1-85383-604-4 [196 pp. $25.00. Paperback, 120 Pentonville Road, London, NI 9JN UK].

Review Of: Eckard Kämper, Decision Making Under Risk In Organisations: The Case Of German Waste Management, Jeremy S. Cleverly

RISK: Health, Safety & Environment (1990-2002)

Review of the book: Eckard K-Kämper, Decision Making Under Risk in Organisations: The Case of German Waste Management (Ashgate Publishing Co. 2000). Preface, Acknowledgements, Bibliography. ISBN 0-7546-1434-4 [183 pp. $69.95. Hardbound, 131 Main Street, Burlington, VT 05401- 5600].

Contrasting Treatments Of Recall Bias In Two Epidemiological Settings, Daniel Barry

RISK: Health, Safety & Environment (1990-2002)

The author contrasts the treatment of recall bias in the literature on induced abortions and breast cancer, and on environmental tobacco smoke and lung cancer.

Risk Assessments For Chemical Stockpile Incinerators: Is The Supporting Guidance Adequate, Lawrence V. Tannenbaum

RISK: Health, Safety & Environment (1990-2002)

The author identifies potential deficiencies in guidance used in the United States for risk assessments of chemical weapons incinerators.

U.S Peak And Non-Peak Hyperthermia: Who Is At Risk, Susan M. Macey

RISK: Health, Safety & Environment (1990-2002)

The author examines hyperthermia death rates in the United States from 1979 to 1996 to determine the relative risk for different demographic groups during peak years for heat-related deaths and for nonpeak years.

Who Are The Stakeholders In Environmental Risk Decisions - How Should They Be Involved, Mary R. English

RISK: Health, Safety & Environment (1990-2002)

[Excerpt] "In the United States, as in other countries, public participation in environmental policy decisions has come a long way. In its infancy, it was limited to public hearings concerning decisions that were, for all practical purposes, "done deals." Overturning public agency decisions could be accomplished only through expensive, often protracted, usually futile court cases, and then only if the issue was justiciable and the plaintiff had the funds and standing to sue. In recent decades - especially since the 1960s - opportunities for public participation in the U.S. have been overhauled. Access to documents has been assured through federal …

Review Of: Daniel M. Kammen & David M. Hassenzahl, Should We Risk It: Exploring Environmental, Health, And Technological Problem Solving, Christopher Verni

RISK: Health, Safety & Environment (1990-2002)

A review of the book Should We Risk It: Exploring Environmental, Health, and Technological Problem Solving by Daniel M. Kammen & David M. Hassenzahl, (Princeton University Press 1999). Preface, acknowledgments, introduction, appendix, index. ISBN: 0-691-00426-9 [404 pp. $39.50. Cloth, 41 William Street, Princeton, NJ 08540].

How To Achieve Public Participation In Nuclear Waste Decisions: Public Relations Or Transparent Adversary Science, Judy Treichel

RISK: Health, Safety & Environment (1990-2002)

[Excerpt] "Commercial nuclear reactors in the United States have been producing electricity and highly radioactive wastes for more than forty years. Originally, reluctant utilities built reactors at the urging of Congress, acting in accordance with the Atomic Energy Act. The Act called for promotion of nuclear technology and also provided a shield of secrecy allowing for extensive power to classify information. Wiretapping and other surveillance techniques were allowable if nuclear secrets or interference with nuclear programs were involved. During this time the Atomic Energy Commission (AEC) provided films and comic books, and gave speeches in a public relations campaign designed …

Perceived Control, Voluntariness And Emotional Reactions In Relocated Areas Of Russia, Ukraine And Belarus, Carol Jeniffer Figueiredo, Britt-Marie Drottz-Sjöberg

RISK: Health, Safety & Environment (1990-2002)

[Excerpt] "The Chernobyl accident occurred at a time of considerable social and economic changes in the former Soviet Union. The contamination due to the accident still covers parts of Russia, Ukraine and Belarus. Some areas were considered too contaminated to suit long-term human settlement and a considerable number of people were therefore moved from their homes and resettled in other areas. Resettlement policies often differed between the states. Some variations in state policy included the duration before implementation of the decision to resettle people from certain areas, the swiftness of the transition, and the acceptance of personal initiatives in the …

Expert And Public Evaluations Of Technological Risks: Searching For Common Ground, James Flynn, Paul Slovic

RISK: Health, Safety & Environment (1990-2002)

Drs. Flynn and Slovic compare and evaluate the ways in which the public and experts perceive technological risks.

The Impacts Of Using A Safety Compliance Standard In Highway Design, Paul J. Ossenbruggen

RISK: Health, Safety & Environment (1990-2002)

Dr. Ossenbruggen introduces an algorithmic method to objectively test and evaluate safety in the highway design process.

Risk And Recreation: Differences Due To Gender, Age And Education, Joanna Burger

RISK: Health, Safety & Environment (1990-2002)

Dr. Burger explores the differences in risk perception due to gender, age and education with regard to recreation activities on former U.S. Government weapons test sites.