Law Commons^™

Can The Success Of Carbon Emission Cap-And-Trade Market Be Predicted Based On The Epa’S Acid Rain Program?, Parisa S. Smith

Parisa S smith

Can the Success of Carbon Emission Cap-and-Trade Market be Predicted Based on the EPA’s Acid Rain Program? This paper explores the carbon market policy solution to the global warming phenomenon. It analyses why the Acid Rain Program (ARP) cap-and-trade model implemented in the U.S., by itself, falls short in achieving similar results for carbon emission control objectives. Toward that end, a comparison is made to analyze why the carbon market differs greatly from the acid rain market on certain essential elements, and how these differences can explain the expected differing outcomes of implementing the cap-and-trade scheme within the two problem …

China’S Gigantic Appetite For Natural Resources Spurs Multilateral Concerns, Yuliya Kostelova

Yuliya Kostelova

China is the second largest economy in the world today. Its economic growth is unbridled and expansion is rampant. A rapidly growing communistic state with an attempt for capitalistic market is alarming in the international economic community. China’s insatiable oil appetite creates various concerns among major sovereign partners. Notwithstanding, China is fully committed to its economic development in the future regardless of widely expressed multilateral concerns.

On The Formation Of The American Corporate State: The Fuller Supreme Court, 1888-1910, George Skouras

George Skouras

This paper deals with the formation and legitimation of the American Corporate State by the Fuller Supreme Court. It argues that the Fuller Court was wrong to use the Due Process Clause of the 14th Amendment and natural law to support laissez-faire capitalism and the emergent corporate structure at the expense of labor and labor unions. It also argues that the corporatization of America has created a social and cultural environment that places business as the center of the American universe. This has led to a very asymmetrical relationship between corporations and citizens. It further argues that recent revisionist scholarship …

Presidential Powers Revisited: An Analysis Of The Constitutional Powers Of The Executive And Legislative Branches Over The Reorganization And Conduct Of The Executive Branch, Alexandra R. Harrington

Alexandra R. Harrington

Abstract: Presidential Powers Revisited: An Analysis of the Constitutional Powers of the Executive and Legislative Branches Over the Reorganization and Conduct of the Executive Branch.

Alexandra R. Harrington, Esq.

Two hundred eighteen years after George Washington was elected to serve as the first President of the United States, the Constitutional Framers would likely be heartened to know that over a dozen people are vying for the right to run as their party’s presidential candidate in the upcoming 2008 presidential election. However, these same Framers would likely be severely disheartened to learn that the powers and responsibilities assigned to the executive …

Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton

Jacqueline D Lipton

In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns ‘hillaryclinton.com’, the more generic ‘hillary.com’ is registered to a software firm, Hillary Software, Inc. What about ‘hillary2008.com’? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …

Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline Lipton

Jacqueline D Lipton

In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns ‘hillaryclinton.com’, the more generic ‘hillary.com’ is registered to a software firm, Hillary Software, Inc. What about ‘hillary2008.com’? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …

Arms Embargoes And The Right Of Self-Defense In International Law, Matthew D. Vandermyde

Matthew D. Vandermyde

Matthew D. Vandermyde, Arms Embargoes and the Right to Self-Defense in International Law. This article answers the question: Does a mandatory arms embargo violate a nation’s right to self-defense? In other words, if a country has been given the right to use force in self-defense, but has then been denied access to weapons, does it really have a right to self-defense at all?

Over the past few decades, a number of nations have argued that the mandatory arms embargoes imposed against them violated their right to use force in self-defense. In some cases the Security Council has responded by adjusting …

Federally Mandated Informed Consent: Has Government Gone Too Far?, Linda P. Mckenzie

Linda P. McKenzie

In 2003, President George W. Bush signed legislation targeted at preventing what lawmakers said was a single, specific abortion procedure. The bill banned a method that is known outside of the medical community as "partial birth abortion." Lower courts, however, struck down the law as a violation of the Supreme Court's requirement that state limits on abortion must include an exception for the life or health of the pregnant woman. The lower courts were upheld by the three circuit courts who reviewed the Partial Birth Abortion Ban Act of 2003. The U.S. Supreme Court accepted certiorari and recently heard oral …

Housing Policy In The People's Republic Of China: Successes And Disappointments, Joyce Palomar, Jianbo Lou

Joyce Palomar

ABSTRACT: This paper is written and submitted by Peking University (Beijing University) Center for Real Estate Law, Director, Prof. Lou Jianbo, and Assistant Director, Prof. Joyce Palomar, authors. The paper examines the People's Republic of China's national approaches beginning in 1948 to the nation's urban housing crisis. The paper focuses on policy approaches and strategies for activating the private sector as a means to improve housing conditions. It presents recent statistical results of the application of housing as a leading economic development sector.

The Military Abortion Ban: How 10 U.S.C. Section 1093 Violates International Standards Of Reproductive Healthcare, Sabrina E. Dunlap

Sabrina E Dunlap

Under 10 U.S.C. Section 1093, women in the military cannot obtain abortion services in military hospitals even if they use their own funds. Women who are stationed abroad are forced to search for services elsewhere in the foreign country in which they are stationed, facing cultural barriers, language barriers, difficult travel arrangements and high costs. In the last ten years, clear standards of reproductive health emerged at an international level, with women’s health being the center of the International Conference on Population and Development, and the Fourth World Conference on Women, among others. The United States is simultaneously encouraging developing …

The Fair Track To Expanded Free Trade: Making Taa Benefits More Accessible To American Workers, William J. Mateikis

William J. Mateikis

If Congress again wants to use the TAA program in a bargain for Fast Track authority … then DOL must fix its broken certification process and Congress should amend the TAA Act to reduce worker resistance to expanded free trade. The topic is quite timely given the expiration of fast track (trade promotion) authority on June 30, 2007 and reauthorization of the TAA program due October 1, 2007. The paper has five parts. Following the Introduction, Part II of the paper outlines the politics of U.S. trade liberalization since the mid-1930s and shows that, at times over the past three …