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Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson 2015 SelectedWorks

Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson

Julia Johnson

This article explores the reasons why previous attempts at biofuels legislation in the United States have not been successful and focuses upon market-level incentives that drive consumer willingness to purchase biofuels. For the U.S.’s biofuels policies to be more effective, the nation must better employ consumer-side factors and devise policies around promoting biofuels’ ability to compete with conventional fuels. Consumer-side factors include biofuels’ accessibility and pricing, as well as the ease and attractiveness of purchasing alternative energy-powered vehicles. The U.S.’s initiatives have also neither been aggressive enough, nor sufficiently comprehensive, to enable the U.S. to ...


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas 2014 University of Georgia School of Law

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


Transforming China's Traditional Banking Systems Under The New National Banking Laws, Andrew X. Qian 2014 University of Georgia School of Law

Transforming China's Traditional Banking Systems Under The New National Banking Laws, Andrew X. Qian

Georgia Journal of International & Comparative Law

No abstract provided.


Wickard For The Internet? Network Neutrality After Verizon V. Fcc, Christopher S. Yoo 2014 University of Pennsylvania Law School

Wickard For The Internet? Network Neutrality After Verizon V. Fcc, Christopher S. Yoo

Faculty Scholarship

The D.C. Circuit’s January 2014 decision in Verizon v. FCC represented a major milestone in the debate over network neutrality that has dominated communications policy for the past decade. This article analyzes the implications of the D.C. Circuit’s ruling, beginning with a critique of the court’s ruling that section 706 of the Telecommunications Act of 1996 gave the Federal Communications Commission (FCC) the authority to mandate some form of network neutrality. Examination of the statute’s text, application of canons of construction such as ejusdem generis and noscitur a sociis, and a perusal of the ...


"Do No Harm": A Comparative Analysis Of Legal Barriers To Corporate Clinical Telemedicine Providers In The United States, Australia, And Canada, Ian R. Landgreen 2014 University of Georgia School of Law

"Do No Harm": A Comparative Analysis Of Legal Barriers To Corporate Clinical Telemedicine Providers In The United States, Australia, And Canada, Ian R. Landgreen

Georgia Journal of International & Comparative Law

No abstract provided.


Toward A Federal Constitutional Right To Employment, R. George Wright 2014 Seattle University School of Law

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.


Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee 2014 University of Georgia School of Law

Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee

Georgia Journal of International & Comparative Law

No abstract provided.


Anti-Corruption Commissions In China:Panacea Or Cure-All Medicine To Fight Corruption, Chan Louis 2014 SelectedWorks

Anti-Corruption Commissions In China:Panacea Or Cure-All Medicine To Fight Corruption, Chan Louis

Chan Louis

With the rapidly economic development and the overall social transformation, corruption has becoming a more prominent threat to China's long-term development. The CPC and Chinese government, while severely cracking down corruption, has proposed a series of strategic thinking to fundamentally solve the problem of corruption. The sharp weapons against corruption in China are generally two institutions, which are Commission for Discipline Inspection responsible for the inspection within the party and the People's Procuratorate, one of key functions of which is prevention and punishment of corruption. A popular saying among Chinese government officials goes: “Fear not the heavens or ...


The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker 2014 SelectedWorks

The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker

Christopher J. Walker

Tax exceptionalism—the view that tax law does not have to play by the administrative law rules that govern the rest of the regulatory state—has come under attack in recent years. In 2011, the Supreme Court rejected such exceptionalism by holding that judicial review of the Treasury Department’s interpretations of the tax code is subject to the same Chevron deference regime that applies throughout the administrative state. The D.C. Circuit followed suit by rejecting the IRS’s position that its notices are not subject to judicial review under the Administrative Procedure Act (APA). This Article calls for ...


Friends Of The Wild Swan V. Ashe, Hannah S. Cail 2014 The University of Montana School of Law

Friends Of The Wild Swan V. Ashe, Hannah S. Cail

Public Land and Resources Law Review

In Friends of the Wild Swan v. Ashe, the District Court of Montana reviews the reasonableness of the U.S. Fish and Wildlife Service’s delayed preparation of the Canada lynx recovery plan. Environmental organizations brought the action for declaratory and injunctive relief pursuant to the ESA and the APA. In applying the “TRAC factors” and the “rule of reason,” the U.S. District Court for the District of Montana held that the Service’s twelve-year delay was unreasonable. The court ordered the Service propose a schedule, which the court will set as firm after review.


Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West 2014 The University of Montana School of Law

Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West

Public Land and Resources Law Review

The U.S. Supreme Court determined the Environmental Protection Agency properly interpreted the “Good Neighbor Provision” of the Clean Air Act in adopting the Transport Rule. The Court found, contrary to the D.C. Circuit Court of Appeals decision to vacate the rule entirely, the EPA did not act arbitrarily and capriciously by integrating a cost-effective allocation of emission reductions or by disallowing states a second opportunity to file a State Implementation Plan before promulgating a Federal Implementation Plan.


A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic 2014 University of Georgia School of Law

A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic

Georgia Journal of International & Comparative Law

No abstract provided.


Guarding The Golden Years: How Public Guardianship For Elders Can Help States Meet The Mandates Of Olmstead, Eleanor B. Cashmore 2014 Boston College Law School

Guarding The Golden Years: How Public Guardianship For Elders Can Help States Meet The Mandates Of Olmstead, Eleanor B. Cashmore

Boston College Law Review

The aging American population will quickly lead to a greater demand for long-term care and services for people who are unable to care for themselves. Some older adults may require other individuals to make informed decisions on their behalf. State guardianship programs must confront the tension of providing protections for people who are incapacitated while respecting their autonomy, particularly when making decisions involving a person’s residence. When elderly adults wish to stay in their communities and are capable of doing so, a lack of proper support may be a violation of the Americans with Disabilities Act of 1990 (“ADA ...


I Came, Itar, I Conquered: The International Traffic In Arms Regulations, 3d-Printed Firearms, And The First Amendment, Anthony M. Masero 2014 Boston College Law School

I Came, Itar, I Conquered: The International Traffic In Arms Regulations, 3d-Printed Firearms, And The First Amendment, Anthony M. Masero

Boston College Law Review

The rise of 3D printers presents unique regulatory challenges in many areas, particularly firearm regulations. The Texas non-profit, Defense Distributed, successfully developed a 3D printable lower receiver for the AR-15 assault rifle and a 3D .380 pistol capable of firing eight rounds. Current regulations cannot meaningfully govern the 3D printing of guns without an effective means of controlling and standardizing the distribution of the CAD files online. This Note argues that the existing regulatory scheme, which governs the dissemination of technical data related to firearms, unconstitutionally restricts expression. The regulatory scheme gives broad discretion to licensing officials, and fails to ...


Counsel For The Divorce, Rebecca Aviel 2014 Boston College Law School

Counsel For The Divorce, Rebecca Aviel

Boston College Law Review

This article challenges the legal profession’s foundational assumption that legal services must be delivered in an adversarial posture, with lawyers compelled to engage in robust partisan advocacy on behalf of their clients’ individualized interests. This narrow conception of the lawyer’s role is particularly inapt in family law because many divorcing spouses actually seek joint counsel, understanding that they have profound shared interests in minimizing transaction costs, maximizing the value of the marital estate, and reducing the hostility and animosity that are so harmful to children. Couples who wish to advance these interests by retaining joint counsel are poorly ...


The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner 2014 University of Georgia School of Law

The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner

Georgia Journal of International & Comparative Law

No abstract provided.


Globalization And International Law, Charles A. Hunnicutt 2014 University of Georgia School of Law

Globalization And International Law, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.


Equality And The European Union, Elizabeth F. Defeis 2014 University of Georgia School of Law

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.


Sustaining An Unsustainable Fuel Source: How Lifecycle Greenhouse Gas Limitations Can Improve The Sustainability Of The Tar Oil Industry, Brittany DeBord 2014 SelectedWorks

Sustaining An Unsustainable Fuel Source: How Lifecycle Greenhouse Gas Limitations Can Improve The Sustainability Of The Tar Oil Industry, Brittany Debord

Brittany DeBord

The United States seeks to achieve energy security and self-sufficiency by acquiring energy from Canadian tar sands and promoting a domestic tar sands industry. However, support for this industry is inconsistent with the greenhouse gas reduction policies of the Energy Independence and Security Act and the North American Agreement on Environmental Cooperation, since tar oil extraction creates three times more carbon emissions than conventional oil extraction. Legislation limiting lifecycle greenhouse gas emissions has already been implemented through the Renewable Fuel Standard Program in response to concerns that plant-based fuel production leads to greater carbon emissions than intended. Since the lifecycle ...


Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston 2014 SelectedWorks

Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston

Marc B. Langston

In 1975-76, the Church Committee challenged Americans’ perception of their government by uncovering and publicly releasing secret activities undertaken by the U.S. Government. U.S. Senator Frank Church’s leadership represents a model for congressional oversight and the Church Committee’s investigation and public hearings remain increasingly relevant in a new age of domestic surveillance. The attached article compares a historical model of congressional oversight and reform, as demonstrated by Senator Frank Church’s leadership as chairman of the Church Committee, with current oversight deficiencies that have induced a growing population of citizens to demand greater protections against government ...


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