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Articles 31 - 48 of 48
Full-Text Articles in Entire DC Network
Maritime Piracy: Changes In U.S. Law Needed To Combat This Exceptional Threat To National Security, Daniel L. Pines
Maritime Piracy: Changes In U.S. Law Needed To Combat This Exceptional Threat To National Security, Daniel L. Pines
Daniel L Pines
Many articles have recently been written on maritime piracy. Most of these articles focus on the problem through the prism of the international community and international law. The few articles that view the matter through U.S. eyes tend to examine it as a distant economic or geo-political concern. Yet, for the United States, the true threat posed by piracy is not to our economy or geo-politics; it is to our national security. Just as terrorists exploited aviation hijacking in the 9/11 attacks, a similar terrorist threat looms via piracy. This article therefore seeks to explore the parameters offered by U.S. …
Renewable Energy: A Solution With Its Own Problems, Michael L. Elion
Renewable Energy: A Solution With Its Own Problems, Michael L. Elion
Michael L Elion
The United States faces crises of energy availability and environmental degradation caused by its dependence on fossil fuels for energy. Despite these realities, the United States’ antiquated infrastructure continues to carry energy generated predominantly by fossil fuel-burning and nuclear power plants to homes and businesses. The threats the U.S. electric system poses to the environment are grave, yet the U.S. energy industry has failed to take full advantage of new electrical engineering technologies that would upgrade the electrical system. Why, in this era of rapid climate change and rising electricity costs have policy-makers, energy-producers, and government regulators failed to implement …
Why Arizona Senate Bill 1070 Is Constitutional And Not Preempted By Federal Law, Calvin Lionel Lewis, David Strange, Michael Blake Downey
Why Arizona Senate Bill 1070 Is Constitutional And Not Preempted By Federal Law, Calvin Lionel Lewis, David Strange, Michael Blake Downey
Calvin L. Lewis
WHY ARIZONA SENATE BILL 1070 IS CONSTITUTIONAL AND NOT PREEMPTED BY FEDERAL LAW ABSTRACT On April 23, 2010, Arizona Governor Janet Brewer signed into law a bill titled the “Support Our Law Enforcement and Safe Neighborhoods Act,” commonly referred to as “SB 1070.” The law was designed to “discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.” This law, along with a set of amendments, set off a firestorm of controversy nationwide, including street protests, economic boycotts, court challenges, and political posturing. The controversy centers around the broad …
The Machiavellian President And How American Intelligence Coupled With National Security Has Made It Possible, Leslie B. Mclemore Ii
The Machiavellian President And How American Intelligence Coupled With National Security Has Made It Possible, Leslie B. Mclemore Ii
Leslie B McLemore II
No abstract provided.
Book Review On Gordon Mathews. Ghetto At The Center Of The World: Chungking Mansions, Hong Kong., Leung-Sea, Lucia Siu
Book Review On Gordon Mathews. Ghetto At The Center Of The World: Chungking Mansions, Hong Kong., Leung-Sea, Lucia Siu
Prof. SIU Leung-sea, Lucia
No abstract provided.
Update: Organization Of American States, Jillian Blake
Update: Organization Of American States, Jillian Blake
Jillian Blake
No abstract provided.
Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson
Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson
Matthew A Susson
Developing nations often look to their bounty of natural resources or willing labor as a means of attracting international investors. While national and local governments frequently perceive the arrival of a multinational corporate presence as a boon to their economy, the potential for government instability, ineffectiveness or corruption may facilitate environmentally exploitive corporate practices. Furthermore, residents of the subject nation may be left without proper legal recourse. Legislators have made various efforts in both the United States and abroad to propound Corporate Codes of Conduct to address such concerns, but despite laudable intentions, features of the increasingly global economy “accentuate …
The Prosecution Of Piracy Under The Offenses Clause, James J. Woodruff Ii
The Prosecution Of Piracy Under The Offenses Clause, James J. Woodruff Ii
James J. Woodruff II
The United States has had a long, storied history dealing with piracy. While it has had success in getting convictions under the Offenses Clause against pirates who attacked U.S. flagged shipping, prosecution under the clause does have its limits. This article examines the use of the Offenses Clause in the recent prosecutions by the United States of crimes on the high seas.
The Justifications For Nondegradation Programs In U.S. Environmental Law, Robert L. Glicksman
The Justifications For Nondegradation Programs In U.S. Environmental Law, Robert L. Glicksman
Robert L. Glicksman
The concept of non-regression is not one that is familiar to environmental law in the United States. Nevertheless, Congress and federal agencies have adopted programs to prevent degradation of existing high quality environments and to prevent revisions of individual emissions restrictions by making them more lenient. The first programs are known as nondegradation or anti-degradation programs. The others preclude “backsliding” by prohibiting slippage in performance by regulated entities complying with regulations that are later loosened. The nondegradation and anti-backsliding programs differ from the non-regression principle in that their justifications are not rooted in a commitment to the protection of individual …
Retro Is Back: Padilla Meets Gideon, Daniel Sylvester
Retro Is Back: Padilla Meets Gideon, Daniel Sylvester
Daniel Sylvester
No abstract provided.
From Start To Finish: A Historical Review Of Nuclear Arms Control Treaties And Starting Over With The New Start, Lisa M. Schenck, Robert A. Youmans
From Start To Finish: A Historical Review Of Nuclear Arms Control Treaties And Starting Over With The New Start, Lisa M. Schenck, Robert A. Youmans
Lisa M Schenck
This article provides a historical review of nuclear arms control agreements from 1925 to 2011, describing how these agreements helped diminish the nuclear arms threat and build up. As this article explains, nuclear arms control agreements can be segmented into distinct periods reflecting different approaches to the nuclear arms threat, with each stage addressing different focused objectives. As negotiations evolved throughout history, the United States and Soviet Union undertook a nuclear arms race, each striving to gain a military advantage over the other by building more and more nuclear weapons and the means to deliver them. Accordingly, a debate evolved …
Qualified Immunity: Protecting "All But The Plainly Incompetent" (And Maybe Some Of Them, Too), Susan S. Bendlin
Qualified Immunity: Protecting "All But The Plainly Incompetent" (And Maybe Some Of Them, Too), Susan S. Bendlin
Susan S. Bendlin
The doctrine of qualified immunity shields state officials from individual liability for violations of constitutional rights. This article examines the 2012 decisions in this area. Chief Justice Roberts recently wrote, "[a]n uncerain immunity is little better than no immunity at all." It appears that the Supreme Court is providing more certainty by granting qualified immunity in all but the most egregious instances of incompetent conduct by state officials. The Court's current approach results in a lack of clarity in the area of constitutional law.
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
Matan Shmuel
This article presents a resolution for the circuit split over whether a federal agency can invoke the attorney client privilege in a federal grand jury investigation. This article analyzes the current state of the law across each circuit and provides a resolution of the conflict for the supreme court to consider. The resolution involves a balancing test which weighs three competing factors: public need for the information; government need in confidentiality; and grand jury interest in the information. The solution is intended for the supreme court to consider when this issue hits the court
The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen
The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen
Michael Blumm
After rejecting three federal biological opinions (BiOps) for favoring federal Columbia Basin hydroelectric operations over salmon protected by the Endangered Species Act (ESA), Judge James A. Redden has retired, passing oversight of the litigation to a new federal judge. This complex case, which concerns the accommodations the world’s largest hydropower system must give to the region’s signature natural resource, has now spanned nearly twenty years and five different BiOps. For his part, Judge Redden worked closely with the parties in an attempt to arrive at improvements in salmon survival. In this managerial role, he acted perhaps as the archetypical federal …
Bavarian Blondes Don't Need A Visa: A Comparative Law Analysis Of Ambush Marketing, Gerlinde Berger-Walliser, Melanie S. Williams, Bjorn Walliser, Mark Bender
Bavarian Blondes Don't Need A Visa: A Comparative Law Analysis Of Ambush Marketing, Gerlinde Berger-Walliser, Melanie S. Williams, Bjorn Walliser, Mark Bender
Melanie S. Williams
This paper describes the problem of ambush marketing: the act of attempting to associate with an event without buying the rights to do so. From the perspective of the organizers and sponsors of large-scale media and athletic events, the problem is significant. More than $100 billion is spent annually on purchasing sponsorship rights and the associated promotions. For companies who have not paid for such rights to be able to imply an association with these high-profile events dilutes the value of that sponsorship. Despite the size of the problem, however, (and except for the special coverage many countries afford Olympic …
Postjudgment “Water Interest”: Lifting The Headgate To Let Appropriate Compensation Flow For Unlawful Diversions, Jeffrey T. Matson
Postjudgment “Water Interest”: Lifting The Headgate To Let Appropriate Compensation Flow For Unlawful Diversions, Jeffrey T. Matson
Jeffrey T Matson
Irrigators overdraw many Western streams to the detriment of tribal and environmental uses; these conflicting interests regularly battle in state and federal court over water allocation. This article profiles United States v. Bell (Bell) —the latest such skirmish among warring parties in the Truckee and Carson River basins of northern Nevada. In Bell, the United States Court of Appeals for the Ninth Circuit faced persistent excessive irrigation diversions by the Truckee Carson Irrigation District (TCID) in violation of applicable federal court decrees, administrative Operating Criteria and Procedures (OCAPs), and the Congressional Settlement Act of 1990. The Court discussed an unprecedented …
Capturing Ultrasmall Emt Zeolite From Template-Free Systems, Eng-Poh Ng Dr.
Capturing Ultrasmall Emt Zeolite From Template-Free Systems, Eng-Poh Ng Dr.
Eng-Poh Ng
No abstract provided.
The Sustainable Corporation: Lessons From Avatar, Norm Borin
The Sustainable Corporation: Lessons From Avatar, Norm Borin
Norm A. Borin
This article uses the fictitious company RDA from the movie Avatar as a textbook case of corporate non-sustainability. We provide a list of mistakes RDA made and provide parallel corporate examples in our own society in the areas of stakeholder analysis, corporate governance and systems thinking using the triple bottom line. For each area we present a framework that companies could use to operate in a more sustainable manner.