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Anatomy Of Industry Resistance To Climate Change: A Familiar Litany, Robert Glicksman 2009 George Washington University Law School

Anatomy Of Industry Resistance To Climate Change: A Familiar Litany, Robert Glicksman

Robert L. Glicksman

The industries that generate environmental risks in the United States have long been hostile to regulatory programs that increase their costs of operation and reduce their profits. While industry may have been unprepared for, and thus poorly organized to resist, the first wave of federal environmental legislation enacted during the “environmental decade” of the 1970s, it quickly marshaled its forces. Regulated or potentially regulated entities, their trade associations, and their lobbyists began a concerted effort to defeat, delay, and weaken environmental regulation.

This book chapter describes the process by which regulatory opponents successfully relied on free market ideology to couch ...


"Los Bienes Jurídicos Colectivos En El Derecho Penal. Consideraciones Sobre El Fundamento Y Validez De La Protección Penal De Los Intereses Macrosociales", Elky Villegas Paiva 2009 Selected Works

"Los Bienes Jurídicos Colectivos En El Derecho Penal. Consideraciones Sobre El Fundamento Y Validez De La Protección Penal De Los Intereses Macrosociales", Elky Villegas Paiva

Elky A. Villegas Paiva

El trabajo aborda la cuestionada intervención del Derecho penal en la protección de los bienes jurídicos colectivos. Se parte de destacar el condicionamiento que ejerce la sociedad del riesgo en la configuración del moderno Derecho penal. Posteriormente se realiza una breve descripción sobre el origen de los bienes macrosociales en el campo penal, para luego analizar los presupuestos de merecimiento y necesidad de pena, condiciones que deben superar aquellos intereses –individuales o colectivos- para que su tutela penal sea legítima. Finalmente se examinan las técnicas de tipificación frecuentemente empleadas para la protección penal de estos intereses colectivos, pues es aquí ...


Valuing Having Children, Carter Dillard 2009 Emory University

Valuing Having Children, Carter Dillard

Carter Dillard

Are there objective values on which to base the claim of a right to procreate? Can we articulate reasons for having children so powerful that they justify our doing so, as a matter of right, even where it would conflict with the interests and values of others? This Article systematically and critically examines many of the values that, before now, courts and commentators have simply presumed and relied upon when making the claim that there is and ought to be a fundamental right to have children. This Article first develops a methodology for examining the values and interests on which ...


The Linkages Between Access To Water And Water Scarcity With International Investment Law And The Wto Regime, Francesco Costamagna, Francesco Sindico 2009 University of Strathclyde

The Linkages Between Access To Water And Water Scarcity With International Investment Law And The Wto Regime, Francesco Costamagna, Francesco Sindico

Francesco Sindico

This paper aims to examine the relationship between two branches of international economic law and water-related issues. In particular, it analyses the impact of international investment law and international trade law on, respectively, State’s capacity in ensuring universal access to water services and fighting against water scarcity. The main objective of the paper is to define State’s rights in relation to water supply and how these rights can be protected and enforced within the international investment and/or WTO regime. First, the analysis focuses on certain features of the investment system that may affect the balance between State ...


Bränsle För Ett Bättre Klimat - Marknad Och Politik För Biobränslen, Cecilia Hammarlund, Karin Ericsson, Helena Johansson, Robert Lundmark, Anna Olsson, Evgenia Pavlovskaia, Fredrik Wilhelmsson 2009 Law Faculty, University of Lund

Bränsle För Ett Bättre Klimat - Marknad Och Politik För Biobränslen, Cecilia Hammarlund, Karin Ericsson, Helena Johansson, Robert Lundmark, Anna Olsson, Evgenia Pavlovskaia, Fredrik Wilhelmsson

Evgenia Pavlovskaia

No abstract provided.


Moving Beyond The Tragedy Of The Global Commons: The Grotian Legacy And The Future Of Sustainable Management Of The Biodiversity Of The High Seas, Rosemary Rayfuse 2009 Lund University

Moving Beyond The Tragedy Of The Global Commons: The Grotian Legacy And The Future Of Sustainable Management Of The Biodiversity Of The High Seas, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


The Bayou Defense: Ten Steps To Club Doubles Dominance, Beau Brock 2009 Selected Works

The Bayou Defense: Ten Steps To Club Doubles Dominance, Beau Brock

Beau James Brock

This article is intended to help club players from 2.5 all the way to 4.5. The ideas expressed focus on court positioning and mental tennis tips which will lead to countless victories regardless of the partner you are playing with and regardless of the opponents you face.


Book Review Of 'International Trade Regulation And The Mitigation Of Climate Change', Markus Wagner 2009 University of Miami

Book Review Of 'International Trade Regulation And The Mitigation Of Climate Change', Markus Wagner

Markus Wagner

Book review of "International Trade Regulation and the Mitigation of Climate Change," edited by Thomas Cottier, Olga Nartova & Sadeq Z. Bigdeli.


Interdisciplinary Research: A Case Study Of Integrating Policy Instruments And Legislations To Address Environmental Changes In Cameroon, Amin Forji, Edinam Glover 2009 University of Helsinki

Interdisciplinary Research: A Case Study Of Integrating Policy Instruments And Legislations To Address Environmental Changes In Cameroon, Amin Forji, Edinam Glover

Dr. Edinam K. Glover

Integrating policy instruments and legislations to address environmental changes into ongoing development activities has emerged as a major response by international agencies and national governments seeking to promote good environmental and natural resource management. However, the effects of the many causes of environmental changes are worsening and many aspects of what is happening in these ecosystems evade us. Deforestation has for a long time been an acceptable way of life in the Cameroon’s affluent tropical rainforest, which in fact occupies the second largest land mass in the Congo Basin. Just between 1999 and 2005, Cameroon lost an average of ...


Diminishing The Divine: Climate Change And The Act Of God Defense, Kenneth Kristl 2009 Widener Law

Diminishing The Divine: Climate Change And The Act Of God Defense, Kenneth Kristl

Kenneth T Kristl

The Act of God Defense-the notion that climatic events like storms and floods beyond the control of humans can excuse a defendant's liability for a plaintiff's damages - has long been recognized in tort, admiralty, and (at least theoretically) environmental law. Climate change promises to increase the frequency and severity of the very climatic events historically considered Acts of God, and thus raises the question of whether and to what extent climate change will adversely impact the continued vitality of the Act of God Defense. The article explores how the Defense has developed and been applied in tort, admiralty ...


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2009 NALSAR University of Law

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.


Clean Energy Policy In Delaware: A Small Wonder, Collin O'Mara, Philip Cherry, David R. Hodas 2009 Widener University - Delaware Campus

Clean Energy Policy In Delaware: A Small Wonder, Collin O'Mara, Philip Cherry, David R. Hodas

David R. Hodas

No abstract provided.


Deepwater Drilling And Least-Cost Energy Decision Making, David R. Hodas 2009 Widener University - Delaware Campus

Deepwater Drilling And Least-Cost Energy Decision Making, David R. Hodas

David R. Hodas

No abstract provided.


The Impact Of Climate Change On Disclosure Requirements, Eric Jamison 2009 Wayne State University

The Impact Of Climate Change On Disclosure Requirements, Eric Jamison

Eric Jamison

The article explores the impact of climate change on publicly held companies and their responsibility to disclose material information to their investors as mandated by SEC reporting requirements. It discusses the current disclosure requirements under Regulation S-K and how climate change risk may be reported under the current regulatory structure.


Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu 2009 Australian National University

Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on ...


Antecedent Law: The Law Of People Making, Carter Dillard 2009 Emory University

Antecedent Law: The Law Of People Making, Carter Dillard

Carter Dillard

In our conception of law we have largely presumed the process by which the people whose behavior the law is meant to regulate come to be present and susceptible to the law's influence. As a result, that process is largely outside of our account of the law, and any role the law might have over the matter is relatively ignored. This article introduces a simple and concrete conceptual device, a form of law called antecedent law, which seeks to undo this presumption and refocus our attention on that which can determine the presence of persons in the polity and ...


Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen 2009 Australian National University

Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen

Thomas A Faunce

The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, as well as ...


Ahistorical Indians And Reservation Resources, Ezra Rosser 2009 American University Washington College of Law

Ahistorical Indians And Reservation Resources, Ezra Rosser

Ezra Rosser

The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.


Climate Adaptation Policy At The Continental Level: Natural Resources In North America And Europe, Paul Stanton Kibel 2009 Golden Gate University School of Law

Climate Adaptation Policy At The Continental Level: Natural Resources In North America And Europe, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.


Can The Law Facilitate A Finance Shift From Mitigation To Adaptation?, Kirk W. Junker 2009 Duquesne University School of Law

Can The Law Facilitate A Finance Shift From Mitigation To Adaptation?, Kirk W. Junker

Kirk W Junker

No abstract provided.


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