Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?, 2024 Fordham Law School
Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?
Fordham Environmental Law Review
As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry, 2024 Fordham Law School
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry
Fordham Environmental Law Review
Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …
Why We Need A Constitutional Right To Healthy Environment In Canada, 2024 Fordham Law School
Why We Need A Constitutional Right To Healthy Environment In Canada
Fordham Environmental Law Review
The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …
The False Choice Between Digital Regulation And Innovation, 2024 Northwestern Pritzker School of Law
The False Choice Between Digital Regulation And Innovation, Anu Bradford
Northwestern University Law Review
This Article challenges the common view that more stringent regulation of the digital economy inevitably compromises innovation and undermines technological progress. This view, vigorously advocated by the tech industry, has shaped the public discourse in the United States, where the country’s thriving tech economy is often associated with a staunch commitment to free markets. U.S. lawmakers have also traditionally embraced this perspective, which explains their hesitancy to regulate the tech industry to date. The European Union has chosen another path, regulating the digital economy with stringent data privacy, antitrust, content moderation, and other digital regulations designed to shape the evolution …
Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, 2024 Penn State Dickinson Law
Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, Nicholas J. Nizinski
Dickinson Law Review (2017-Present)
Currently, neither Ukraine’s Constitution nor its criminal code establish the principle of command responsibility as a mode of criminal liability within the country. Key international statutes like Article 28 of the International Criminal Court and international case law, like the recently decided Case of Milanković v. Croatia, have firmly established the doctrine of command responsibility as a fundamental principle of customary international law applicable in the context of an armed conflict. Furthermore, the Milanković court affirmed a conviction based on command responsibility even in the absence of a clear domestic governing statute at the time the crime was committed, …
A Fresh Look At Judicial Remedies In Eu Equality Law And Beyond: The Untapped Possibility Of Structural Injunctions., 2024 University of Michigan Law School
A Fresh Look At Judicial Remedies In Eu Equality Law And Beyond: The Untapped Possibility Of Structural Injunctions., Daniel H. Halberstam, Sina Van Den Bogaert
Articles
This article proposes a shift in thinking about judicial remedies (or “sanctions”), from anti-discrimination law to equal pay and beyond.We suggest the currently preferred remedies – one-off declarations, compensation, fines, and simple orders to obey the law – may be insufficient when confronting a recalcitrant institution, complex violations, and broad, ongoing harm. In such cases, we suggest considering a remedy long overlooked in Europe: a “structural injunction”, i.e. ordering changes to an offending organization’s structure, processes, or rules. We argue that under certain circumstances, an injunction, including a structural injunction, may be appropriate or required under EU law to remedy …
The Eu Geo-Blocking Regulation: A Commentary, 2024 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Eu Geo-Blocking Regulation: A Commentary, Marketa Trimble
Media & Informal Publications
Professor Trimble delivered a presentation for the Centre for Legal Innovation and Digital Society at the Chinese University of Hong Kong. This was an invitation to present Professor Trimble's book The EU Geo-Blocking Regulation: A Commentary (Edward Elgar Publishing, 2024) at the university's 16th Law & Digital Society Book Talk.
Changes In Revenues Associated With Antimicrobial Reimbursement Reforms In Germany, 2024 Boston University School of Law
Changes In Revenues Associated With Antimicrobial Reimbursement Reforms In Germany, Matt Mcenany, Kevin Outterson
Faculty Scholarship
Policy declarations from the G7 and other high-level meetings call for increased incentives for antimicrobial research and development (R&D). Governments fund push incentives like CARB-X and GARDP, and G7 countries are now designing pull incentives—financial rewards given to manufacturers post-market authorization that are intended to encourage the creation and introduction of novel antimicrobials. Germany has declared previously at the G7 that it has developed a pull incentive that will increase revenues from sales of important new antimicrobials, principally by exempting them from some aspects of health technology benefit assessments and reference pricing, which should result in higher prices. This policy …
Redressing The Eurocentric Approach Of The Court Of Arbitration For Sports To Human Rights Law, 2024 Marquette University Law School
Redressing The Eurocentric Approach Of The Court Of Arbitration For Sports To Human Rights Law, Ariel Dulitzky
Marquette Sports Law Review
No abstract provided.
The Loss & Damage Fund: Will It Leave Greenland Behind?, 2024 University of Maine School of Law
The Loss & Damage Fund: Will It Leave Greenland Behind?, Natalie L. Nowatzke
Ocean and Coastal Law Journal
The United Nations Framework Convention on Climate Change (UNFCCC) maintains three pillars of international climate governance: (1) mitigation, (2) adaptation, and (3) loss and damage. Loss and damage, the newest pillar, refers to the negative effects of climate change that transpire despite mitigation and adaptation measures. This notion has manifested into the newly operationalized Loss and Damage Fund, which is designed to compensate developing nations for the losses and damages that occur. This Comment identifies a gap in the Loss and Damage Fund, which will leave Greenland left out of receiving compensation, despite being extremely vulnerable to climate change, because …
Arctic Policy Considerations For Scottish Independence, 2024 University of Maine School of Law
Arctic Policy Considerations For Scottish Independence, Mason Mcinnis Brewer
Ocean and Coastal Law Journal
The ongoing effects of climate change on the Arctic environment raises the geopolitical importance of the Arctic and nearby regions, such as the broader High North. With deteriorating relations between Russia and much of the international community, changes to international borders in these regions would undoubtedly be a concern for those with Arctic interests. Consequently, due to Scotland’s location in the world, the legal analysis surrounding any Scottish claim to external self-determination under international law would include Arctic considerations. Following a review of the Artic policy priorities of the U.K. and Scottish governments, and each government's involvement in developing those …
Greenland's Foreign Policy, Past And Present: From The Merchants' Message To Bilateral Agreements, 2024 University of Maine School of Law
Greenland's Foreign Policy, Past And Present: From The Merchants' Message To Bilateral Agreements, Kenneth Høegh
Ocean and Coastal Law Journal
No abstract provided.
The Public Order Of The Arctic: Problems And Prospects, 2024 University of Maine School of Law
The Public Order Of The Arctic: Problems And Prospects, Charles H. Norchi
Ocean and Coastal Law Journal
No abstract provided.
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, 2024 Fordham Law School
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, 2024 Fordham Law School
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, 2024 Fordham Law School
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
Implementing An Eu Pull Incentive For Antimicrobial Innovation And Access: Blueprint For Action, 2024 Boston University School of Law
Implementing An Eu Pull Incentive For Antimicrobial Innovation And Access: Blueprint For Action, Michael Anderson, Adrian Towse, Kevin Outterson, Elias Mossialos
Faculty Scholarship
In June, 2023, the Council of the EU published a recommendation that the European Commission should contribute to the design and governance of an EU cross-country pull incentive to stimulate antimicrobial innovation and access. In this Personal View, we discuss six key considerations to support the implementation of the new pull incentive—ie, the size of the potential pull incentive and possible contributions of the member states, design of the incentive model, interplay of the new pull incentive with the proposed revisions of the EU pharmaceutical legislation, roles and responsibilities of both the EU and member states, balance between pull and …
Navigating The Nexus: Competition Law, Data Privacy, And Regulatory Challenges In The Digital Economy, 2024 American University in Cairo
Navigating The Nexus: Competition Law, Data Privacy, And Regulatory Challenges In The Digital Economy, Aalaa Tarek El Gohary
Theses and Dissertations
Competition law and data privacy meet at a crucial point in the growing digital economy, making it essential to delve into their intricate relationship. This thesis investigates how competition law and data protection law interact within the digital market. It examines how data protection regulations influence market dynamics and competition, and how competition law affects data processing and individual rights during the digital transformation. By thoroughly exploring key themes, such as historical context, current challenges, and regulatory responses, this research aims to shed light on the changing regulatory landscape and its impact on future frameworks in the digital era. The …
Vrouwenwerk | Beyondtheglassceiling: Educate, Empower, Reimagine, 2024 The University of San Francisco
Vrouwenwerk | Beyondtheglassceiling: Educate, Empower, Reimagine, Malou Lena Julia Desplenter
Master's Theses
In contemporary society, social media platforms have emerged as powerful tools for advocacy and activism. This thesis explores the potential of Instagram in raising awareness and fostering dialogue around workplace equity for women in Belgium. Inspired by influential women's advocacy accounts, I embarked on a journey to fill a noticeable gap in the digital landscape – the absence of Belgian-centric content addressing workplace empowerment for women. Grounded in the unique intersections of Belgian national policies, European Union directives, and global socio-economic dynamics, this capstone delves into the multifaceted challenges faced by Belgian women in the workplace.
Through critical historical analysis …
Esg, Sustainability Disclosure, And Institutional Investor Stewardship, 2024 Bocconi University
Esg, Sustainability Disclosure, And Institutional Investor Stewardship, Giovanni Strampelli
Washington and Lee Law Review Online
This Article sheds new light on the link between sustainability disclosure and institutional investors’ stewardship activities aimed at promoting improvements in the ESG performance of investee companies. On the one hand, sustainability disclosure is one of the information elements that may be relevant to institutional investors’ stewardship activities. On the other hand, improving the quality of sustainability reports provided by investee companies is often the ultimate goal of investor engagement initiatives. The role of climate and social disclosure is problematic from both perspectives. First, institutional investors, especially those with broadly diversified portfolios, are unable to use sustainability information directly and …