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Front Matter, Vol. 56 (2024)

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: Climate Change And International Law At A Crossroads, Michael P. Scharf, Amanda Price

Case Western Reserve Journal of International Law

No abstract provided.

Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf

Case Western Reserve Journal of International Law

Under the classic paradigm of international environmental law articulated in the 1941 Trail Smelter arbitration decision, States are responsible for downstream or downwind harm that crosses from their territory into another State. But climate change threatens not just neighboring States but the entire global commons. This Article explores whether the conditions are ripe for a “Grotian Moment”—a paradigm shifting development leading to accelerated formation of customary international law related to the human right to a healthy environment.

U.S. National Security And Climate Change, Alexandra E. Koch, Nicole K. Carle, Gregory P. Noone

Case Western Reserve Journal of International Law

As sea temperatures rise and natural disasters intensify, it is critical that the U.S. national security strategy actively include plans to account for global climate change and address the complex environmental and humanitarian challenges that parallel and are driven by rising temperatures, such as resource scarcity, forced displacement, and regional instability. Climate change acts as a “threat multiplier for instability” in some of the most volatile regions of the world and can contribute to rising tensions even in historically stable regions. Climate change can also lead to increased vulnerability of military infrastructure and logistics, undermine military readiness, and demand a …

Keynote Address For The Cox International Law Center Conference, James Chen

Case Western Reserve Journal of International Law

No abstract provided.

Keynote Speech By John Knox, Former U.N. Special Rapporteur For Human Rights And The Environment, John Knox

Case Western Reserve Journal of International Law

No abstract provided.

Green Colonialism: Sidelined While On The Front Lines, M. Alexander Pearl

Case Western Reserve Journal of International Law

The United Nations General Assembly recently unanimously adopted a resolution recognizing the “right to a clean, healthy and sustainable environment as a human right.” in July, 2022. ... The resolution was heralded by U.N. Environment Programme (UNEP) Executive Director Inger Andersen as a “victory for people and the planet,” and it was described as a catalyst for action by U.N. Special Rapporteur on Human Rights and the Environment David Boyd. ... Boyd went on to say that the resolution could encourage States “to enshrine the right to a healthy environment in . . . constitutions and regional treaties.”... This short …

The Right To A Healthy Environment: Underlying Policy Formation Challenges In The United States During The Trump Era, Michael J. Kelly

Case Western Reserve Journal of International Law

The right to live in a healthy environment is the right to live in an environment where Donald Trump is not president. As this Article demonstrates, Trump’s negative impact across a wide spectrum of policy areas implicated by the right’s goal of creating and maintaining a healthy environment in the United States ran directly opposite to achieving that goal. (Abstract excerpted from article's introduction.)

Drops In The Ocean: The Hidden Power Of Rights-Based Climate Change Litigation, Craig Martin

Case Western Reserve Journal of International Law

An increasing number of legal challenges to government climate change policies are being advanced on the basis that states are violating the human rights or constitutional rights of applicants. A number of high-profile cases in Europe have upheld such claims and ordered governments to adjust their policies. But questions remain regarding how effective such rights-based cases may be in the effort to enforce climate change law obligations or encourage government responses to the crisis. This Article explores how such rights-based cases may exercise greater influence than is typically understood.

After explaining briefly the relevant human rights and climate change law, …

Taxing Dirty Luxuries, Victoria J. Haneman

Case Western Reserve Journal of International Law

Dirty luxuries are items that are pleasant or nice to have, not necessities, that absolutely bludgeon the environment. From the merely affluent to the ultra-rich, consumers enjoying dirty luxuries, such as luxury clothing, private jets, superyachts, SUVs, and vacation cruises, drive one of the most polluting types of consumption on the planet. This Article explores the climate costs of dirty luxuries, considers the current and proposed international efforts to address the climate impact of these luxuries, and proposes structures by which these luxuries may be taxed to either reduce consumption or compensate for negative externalities.

Crimes Against The Environment, Ecocide, And The International Criminal Court, Milena Sterio

Case Western Reserve Journal of International Law

Ecocide as well as other crimes against the environment have become a feature of warfare, as exemplified in the Russian invasion of Ukraine and the devastating environmental harm caused as a result. As this Paper has described, significant obstacles remain associated with the ICC’s ability to prosecute environmental crimes, either as war crimes or crimes against humanity. (Abstrast excerpted from article's Conclusion.)

Climate Change And Cross-Border Displacement: What The Courts, The Administration, And Congress Can Do To Improve Options For The United States, Kate Jastram

Case Western Reserve Journal of International Law

There is no doubt that the United States, even under existing law, could do much more to protect people displaced across international borders in the context of climate change and disasters. All branches of government have a role to play. Federal courts must thoughtfully assess litigants bringing asylum and CAT claims in the context of climate change and disasters. The administration must clarify interpretation of the refugee definition and use all available tools at its disposal to create new legal pathways as outlined in the White House Report. For its part, Congress must modernize the statutory basis for international protection …

Climate Change And Internal Displacement In Colombia: Chronicle Of A Tragedy Foretold?, Camila Bustos

Case Western Reserve Journal of International Law

One of the key challenges stemming from climate change will be climate displacement, as sudden and gradual events disrupt livelihoods and force millions to leave their homes. Despite the existing scholarship’s focus on cross-border movement, the majority of climate displaced people will move internally instead of or before seeking refuge outside their nation’s borders. What obligations do states owe to their citizens when those states have historically not been emitters but have still failed to protect domestic populations from displacement related to environmental disasters and climate change impacts? Through exploring the disaster management framework in Colombia and conducting a case …

Fossil Fuel Fraud, Wes Henricksen

Case Western Reserve Journal of International Law

In some recent climate litigation cases, plaintiffs have added a claim for common law fraud, in addition to the more traditionally pursued claims for nuisance, negligence, and trespass. Fraud claims against fossil fuel companies center on the decades-long campaign of climate change doubt that was organized, funded, and carried out by oil, gas, and coal industry leaders, as well as public relations firms and industry advocacy groups working on their behalf. But while the doubt campaign certainly fits the fraud mold—a purposeful effort to mislead for profit—because it was aimed at defrauding the public at large, rather than defrauding a …

Talking Foreign Policy: "Foreign Policy And Climate Change" November 20, 2023 Broadcast, Cwru Law School

Case Western Reserve Journal of International Law

No abstract provided.

Introduction Of The 2023 Klatsky Endowed Lecture In Human Rights, Michael P. Scharf, Bruce Klatsky

Case Western Reserve Journal of International Law

No abstract provided.

2023 Klatsky Endowed Lecture In Human Rights: The Forgotten Crime: Forging A Convention For Crimes Against Humanity, Leila Nadya Sadat

Case Western Reserve Journal of International Law

No abstract provided.

The Killing Of Ayman Al-Zawahiri: On Its Legality And Why The U.N. Should Clarify The "Unable Or Unwilling" Doctrine, Nicholas Abraksia

Case Western Reserve Journal of International Law

No abstract provided.

Analyzing Viability Of Blue Indium Gallium Nitride Leds For Use In Space Missions Using A Low Earth Orbit Cubesa, Bertrand Edward Wieliczko

Graduate Theses, Dissertations, and Problem Reports (ETD)

The payload capacity of spacecraft is constrained by the weight of the craft itself, including fuel and electronic systems. The protective measures used to shield onboard electronics from the harsh space environment, characterized by high-energy particles and significant temperature fluctuations, can further diminish the available payload capacity. This thesis explores the potential of naturally radiation-hard alternatives to commonly used electronic materials, such as Silicon, to reduce the need for shielding and other protective measures, thereby decreasing the weight and cost of space missions.

III-V semiconductor materials, such as Gallium Nitride (GaN), are known for their inherent resilience to temperature swings …

Zoo Communication: A Study Of Stewardship With Animal Conservation In Zoos Across The United States, Abby Rachelle Lester

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis investigates the communication strategies employed by zoo professionals to promote engagement and advanec animal conservation education. Through in-depth interviews with zoo experts, the stidy explores the intricate connections between communication practices and stewardship princliples within zoo facilities. Findings from this study contribute to the understanding of effective communication in the realm of animal conservation, with implications for both zoo practitioners and conservation educators. The study delves into the effective strategies for identifying and fostering relationships with environmental stewards, alongside encouraging their involvement in zoo-based animal conservation initiatives. The theoretical implications highlight gaps in existing models, emphasizing the need …

You Belong With Me: What Communication Professionals Can Learn From Swifties, Rachel Belle Johnson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Pop powerhouse Taylor Swift has managed to create a dedicated fanbase that has the power to disrupt national sporting leagues and boost the American economy. Her Swifties are an exemplar in the world of fandom. Taylor Swift’s online interactions with fans, especially in the early days of her career, are partially responsible for her success in creating and maintaining this fanbase. Using principles of social informational processing theory (SIPT), this research examines what aspects of Taylor Swift’s computer-mediated communication with fans have fostered such intense feelings of community in her fandom of Swifties. Using in-depth interviews to explore the relationships …

The Impact Of Occupational Therapy In Lactation Services, Sarah Adrienne Mcaninch

Graduate Theses, Dissertations, and Problem Reports (ETD)

Many benefits to breastfeeding exist for both mothers and infants, yet exclusive breastfeeding rates remain low across the nation. These benefits include decreased chance of infections for infants, low infant mortality, and decreased chances of breast and ovarian cancers for mothers (Binns et al., 2016; CDC, 2023). Education strategies have recently become imperative for health organizations to help mothers sustain their ability to breastfeed within the recommended six-month timeframe. Current literature on education supports that women who receive education at some point in their lactation journey are more likely to reach the six-month period and have more confidence in their …

Bridging Evolutionary And Bayesian Optimization For Enhanced Safety Verification In Control Systems, Joshua M. Yancosek

Graduate Theses, Dissertations, and Problem Reports (ETD)

The rigorous safety verification of control systems in critical applications is essential, given their in creasing complexity and integration into everyday life. Simulation-based falsification approaches play a pivotal role in the safety verification of control systems, particularly within critical applications. These methods systematically explore the operational space of systems to identify configurations that result in violations of safety specifications. However, the effectiveness of traditional simulation based falsification is frequently limited by the high dimensionality of the search space and the sub stantial computational resources required for exhaustive exploration. This thesis presents Bayesian Evolutionary Approach for COuNterexample, or BEACON, a novel …

Joint Learning Of Unknown Safety Constraints And Control Policies In Reinforcement Learning, Lunet Abiye Yifru

Graduate Theses, Dissertations, and Problem Reports (ETD)

Reinforcement learning (RL) has revolutionized decision-making across a wide range of domains over the past few decades. Yet, deploying RL policies in real-world scenarios presents the crucial challenge of ensuring safety. Traditional safe RL approaches have predominantly focused on incorporating predefined safety constraints into the policy learning process. However, this reliance on predefined safety constraints poses limitations in dynamic and unpredictable real-world settings where such constraints may not be available or sufficiently adaptable. Bridging this gap, we propose a novel approach that concurrently learns a safe RL control policy and identifies the unknown safety constraint parameters of a given environment. …

Application Of High-Resolution Fiber Optic Data To Enhance Completion Design, Christian J. Pacheco

Graduate Theses, Dissertations, and Problem Reports (ETD)

MS Dissertation Defense

By

Christian Pacheco

Title: Application of High-Resolution Fiber Optic Data to Enhance Completion Design Major: Petroleum and Natural Gas Engineering Date: Thursday, April 18, 2024 Time: 4:00 PM Place: 141 Engineering Science Building

Abstract

Well stimulation is a technique that has been used in the industry for decades, and with the ability to drill wells horizontally the practice has become more valuable and effective than ever before. Its use is consistently being optimized and completions design plays a crucial role in the recovery of hydrocarbons. Several different downhole tools and measurements have been used to optimize these …

Visit North Carolina: Trail Accessibility, Hannah Caitlyn Guschel

Graduate Theses, Dissertations, and Problem Reports (ETD)

This paper focuses on the perceived barriers to travel from marketing material for individuals with disabilities compared to those without disabilities and the direct impact on leisurely travel participation, particularly in outdoor spaces. Employing a cross-sectional study design encompassing both quantitative and qualitative data collection methods, this research investigates the experiences and transparency of trail accessibility in the state of North Carolina. Quantitative data were gathered through trail assessment accessibility checklists, while qualitative insights were obtained via in-depth interviews. The findings reveal an improved understanding of accessibility and the application of an accessibility checklist. Moreover, the study underscores the importance …

Developing The 21st Century Piano Studio, Brianna Mae Eddy

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study explores the needs of the contemporary piano studio, including business policies, the use of technologies, mental health and neurodivergence in students, and the influence and use of social media. Focused on the needs of both the private-studio piano teacher and traveling piano teacher, the paper offers insight into studio ownership and management with an emphasis on providing experiences that meet the needs of contemporary students. The paper includes a brief history of private piano instruction as well as information for developing studio policies, business issues related to current tax requirements and forms, and resources for financial and general …

A Qualitative Analysis Of Secondary Mathematics Teachers’ Development Toward Teaching Mathematics For Social Justice, Catherine Lynne Manley

Graduate Theses, Dissertations, and Problem Reports (ETD)

While some might say that mathematics is neutral, free from political and social bias, social justice concerns can be found in the day-to-day actions of teachers in mathematics classrooms. Teaching mathematics for social justice requires teachers to gain knowledge of the world and systems of oppression as well as current efforts to both address systemic issues as well as the fight for those in power to maintain their cultural capital. Mathematics teachers also need to learn the pedagogical practices that support social justice in education and the specific ways in which mathematics content can be used as a tool to …

Mechanistic Insight Into Maternal Electronic Cigarette Exposure And Its Effect On Offspring Cerebrovascular And Neurocognitive Health, Amber Victoria Mills

Graduate Theses, Dissertations, and Problem Reports (ETD)

Electronic cigarettes (Ecigs) have replaced smoking within the last decade as the preferred nicotine delivery system because of their advertising to the younger populations. Marketing has sold the idea that use of Ecigs are safer than smoking and this messaging has resonated with youth and other vulnerable populations such as pregnant women. Despite over 2.8 million children under 18 (Annual National Youth Tobacco Survey) deciding to vape, there is little information about what this will do to the next generation. Further, it is that same population that will soon reach an age when they will want to have children. There …

Anxiety And Depression In Older Adults Post Deepwater Horizon Oil Spill, Mickaela R. Reed

Graduate Theses, Dissertations, and Problem Reports (ETD)

Research has investigated challenges that are created when one experiences a disaster within populations such as older adults and other vulnerable groups of people. However, there is little to no consideration given to how age in combination with trauma history are related to well-being after a disaster. Using two theories, socioemotional selectivity theory (SST, Carstensen, 2006) and the strength and vulnerability integration model (SAVI, Charles, 2010). I compared older adults post disaster vulnerabilty to depression and anxiety to that of younger adults with trauma history as a moderator. The 2,508 participants in the current study were from the Survey of …