Not So Fast, 2015 Columbia University, The Center for Sustainable Development
Not So Fast, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
President Barack Obama and the Republican leadership in Congress are trying to pass "fast track" legislation in order to push through major economic agreements with eleven countries of the Pacific region (the Trans-Pacific Partnership) and Europe (the Trans-Atlantic Trade and Investment Partnership) without the possibility for Congressional amendments. Both are being sold generally as "trade agreements," yet they involve key areas of business law and regulation far beyond trade. Before Congress approves fast track, these agreements need to be made public and exposed to thorough public scrutiny.
Imagining The Unimaginable: Torture And The Criminal Law, 2015 Montclair State University
Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …
Enabling Patentless Innovation, 2015 University of Maryland Francis King Carey School of Law
Enabling Patentless Innovation, Clark D. Asay
Maryland Law Review
No abstract provided.
Housing Resource Bundles: Distributive Justice And Federal Low-Income Housing Policy, 2015 Suffolk University Law School
Housing Resource Bundles: Distributive Justice And Federal Low-Income Housing Policy, John J. Infranca
University of Richmond Law Review
No abstract provided.
The Case For Vertical Integration In The Developing Bioenergy Industry, 2015 William & Mary Law School
The Case For Vertical Integration In The Developing Bioenergy Industry, Isabel F. Peres, Timothy A. Slating, Jay P. Kesan
William & Mary Environmental Law and Policy Review
For many countries, money grows on trees: woody biomass is one of the most important sources of renewable energy in the European Union. In the United States, biomass was the input for almost half of the renewable energy generated in 2000; of the energy generated by biomass, seventy-six percent was produced from wood.1 Currently, biomass is the largest source of renewable energy in the country. The ability to secure a reliable and stable supply of biomass is therefore extremely important for the future of the renewable energy industry. According to the United States Department of Energy, the success of the …
Cloud Computing, Contractibility, And Network Architecture, 2015 University of Pennsylvania Carey Law School
Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo
All Faculty Scholarship
The emergence of the cloud is heightening the demands on the network in terms of bandwidth, ubiquity, reliability, latency, and route control. Unfortunately, the current architecture was not designed to offer full support for all of these services or to permit money to flow through it. Instead of modifying or adding specific services, the architecture could redesigned to make Internet services contractible by making the relevant information associated with these services both observable and verifiable. Indeed, several on-going research programs are exploring such strategies, including the NSF’s NEBULA, eXpressive Internet Architecture (XIA), ChoiceNet, and the IEEE’s Intercloud projects.
Decentralization Of China's Foreign Trade Structures, 2015 Office of the Assistant General Counsel for International Trade
Decentralization Of China's Foreign Trade Structures, Sally L. Ellis
Georgia Journal of International & Comparative Law
No abstract provided.
Customs Valuation In The European Economic Community, 2015 Ohio & Illinois Bars
Customs Valuation In The European Economic Community, William M. Snyder
Georgia Journal of International & Comparative Law
No abstract provided.
Deep Seabed Mining: Alternative Schemes For Protecting Developing Countries From Adverse Impacts, 2015 University of Georgia School of Law
Deep Seabed Mining: Alternative Schemes For Protecting Developing Countries From Adverse Impacts, David Hegwood
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, 2015 University of Georgia School of Law
Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley
Georgia Journal of International & Comparative Law
No abstract provided.
Adaptive Law In The Anthropocene, 2015 William S. Richardson School of Law
Adaptive Law In The Anthropocene, Shalanda H. Baker
Chicago-Kent Law Review
The sky has fallen. We are now firmly rooted in a new epoch scientists have named the Anthropocene, where the activities of humans will most certainly negatively impact the trajectory of Earth and its inhabitants. What the Anthropocene fully holds is uncertain, but there are a few clues. The global ecology is shifting. The oceans are dying. The planet is getting hotter and drier, and its storms increasingly volatile.
Amidst this changing climate is evidence of a failed approach to economic development in the Global South. Globally, the poor are becoming poorer. Inequality reigns as the global economy shrinks. This …
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, 2015 Kent State University - Kent Campus
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor
Jarrod Tudor
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
Beyond Carve-Outs And Toward Reliance: A Normative Framework For Cross-Border Insolvency Choice Of Law, 2015 University of Michigan Law School
Beyond Carve-Outs And Toward Reliance: A Normative Framework For Cross-Border Insolvency Choice Of Law, John A. E. Pottow
Law & Economics Working Papers
Choice of law in cross-border insolvency is gaining increased attention, not just by lowly academics but by policymakers who actually matter. I argue it is time to bring some normative guidance to the burgeoning reform efforts. At the highest level of theoretical purity, universalism seems to have (rightly) captured the biggest following. But it has been scaled back by what I call “second-order” considerations of pragmatics to its lesser, modified form. I take that retrenchment as necessary and note how it has been deployed through a carveout-based regime of subject-specific exceptions from lex fori concursus. Given that lay of the …
The Revolving Door, 2015 University of Florida Levin College of Law
The Revolving Door, Wentong Zheng
Wentong Zheng
The revolving door between the government and the private sector has long been presumed to lead to the capture of regulators by industry interests. A growing body of empirical literature, however, either finds no conclusive evidence of a capture effect or finds evidence of an opposite effect that the revolving door indeed results in more aggressive, not less aggressive, regulatory actions. To account for these incongruous results, scholars have formulated and tested a new “human-capital” theory positing that revolving-door regulators have incentives to be more aggressive toward the regulated industry as a way of signaling their qualifications to prospective industry …
The Free Movement Of Capital In Europe: Is The European Court Of Justice Living Up To Its Framers' Intent And Setting An Example For The World?, 2015 Kent State University - Kent Campus
The Free Movement Of Capital In Europe: Is The European Court Of Justice Living Up To Its Framers' Intent And Setting An Example For The World?, Jarrod Tudor
Jarrod Tudor
The benefits to free movement of international financial flows are numerous but include an efficient asset market and the opportunity for economic growth and development for countries engaged in an agreement allowing for such freedom. The free movement of capital is one of the four pillars of the Treaty on the Function of the European Union (TFEU) along with the free movement of goods, services, and labor. Article 63 of the TFEU prohibits limitations on the free movement of capital while Article 65 of the TFEU allows for some exceptions. Not only does the free movement of capital doctrine suppose …
Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, 2015 Australian National University
Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, John Passant
John Passant
The aim of this paper is to provide readers with an insight into Marx’s methods as a first step to understanding income tax more generally but with specific reference to Australia’s income tax system. I do this by introducing readers to the ideas about the totality that is capitalism, appearance and form, and the dialectic in Marx’s hands. This will involve looking at income tax as part of the bigger picture of capitalism, and understanding that all things are related and changes in one produce changes in all. Appearances can be deceptive and we need to delve below the surface …
Eyes Wide Shut On Isds, 2015 Columbia Law School, Columbia Center on Sustainable Investment
Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
Recent agreement among congressional leaders on a “fast-track” bill may have been a victory for the Obama administration’s trade agenda. However, members of congress should take a look at the recent Bilcon case, decided by a NAFTA tribunal, to understand what they are signing up for.
Duress As Rent-Seeking, 2015 Florida State University College of Law
Duress As Rent-Seeking, Mark Seidenfeld, Murat C. Mungan
Scholarly Publications
No abstract provided.
Real Arrow-Securities For All: Just And Efficient Insurance Through Macro-Hedging, 2015 Cornell Law School
Real Arrow-Securities For All: Just And Efficient Insurance Through Macro-Hedging, Robert C. Hockett
Cornell Law Faculty Publications
As a new hurricane season opened in June of 2006, it emerged that a number of online gaming sites were offering bettors the opportunity to wager on whether New Orleans might suffer another Katrina calamity. Commentators condemned the announced practice with howls of disgust, labeling it both tasteless and heartless. Perhaps they were right. All I could think about as one who grew up in New Orleans, however, was how risk pools might hereby be broadened to include all the world’s bettors. We shouldn’t condemn these people; we should use them—while requiring that they maintain margin accounts at their betting …
Ec – Seal Products: Seals And Sensibilities (Tbt Aspects Of The Panel And Appellate Body Reports), 2015 University of Michigan Law School
Ec – Seal Products: Seals And Sensibilities (Tbt Aspects Of The Panel And Appellate Body Reports), Donald H. Regan
Articles
The EC-Seal Products case stemmed from complaints by Canada and Norway against European Union regulations that effectively banned the importation and marketing of seal products from those countries. The EU said it had responded to European moral outrage at the killing of seals. Canada and Norway challenged the regime under various provisions of the Technical Barriers to Trade (TBT) Agreement and the GATT. This article considers TBT aspects of the Panel and Appellate Body decisions. It discusses issues such as whether there is any bright line to be drawn between legitimate and illegitimate purposes in regulation, the proper legal meaning …