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Full-Text Articles in Law
Regulation Of Chemical Risks: Lessons For Tsca Reform From Canada And The European Union, Adam Abelkop, John D. Graham
Regulation Of Chemical Risks: Lessons For Tsca Reform From Canada And The European Union, Adam Abelkop, John D. Graham
Adam Abelkop
The United States Congress is considering reform of the Toxic Substances Control Act (TSCA) of 1976. This Article compares recent reforms in Europe and Canada in order to draw lessons for TSCA reform. In 2006, the European Union enacted the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) regulation while Canada used existing authority under the Canadian Environmental Protection Act (CEPA) of 1999 to initiate the 2006 Chemicals Management Plan (CMP). Focusing on the tens of thousands of industrial chemicals now in use in the US, we offer several suggestions for TSCA reform based on the European and Canadian experiences. …
Complexity And Simplicity In Law: A Review Essay (Cass R. Sunstein, Simpler: The Future Of Government (2003)), David M. Driesen
Complexity And Simplicity In Law: A Review Essay (Cass R. Sunstein, Simpler: The Future Of Government (2003)), David M. Driesen
David M Driesen
This essay discusses Cass Sunstein’s book, Simpler: The Future of Government, in order to advance our understanding of the concepts of complex and simple law. Many writers identify complexity with uncertainty and high cost. This essay argues that complexity bears no fixed relationship to costs or benefits. It also shows that complexity’s relationship to uncertainty is so ambiguous that it is profitable to treat complexity and uncertainty as separate concepts. It develops useful separate concepts of legal and compliance complexity that will aid efforts to simplify law, like the one Sunstein claims to have embarked upon. It also argues that …
Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre
Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre
Jorge A Mestre
No abstract provided.
Argentine Legislation And Climate Change - Legislación Argentina Y Cambio Climático, Luis Gabriel Escobar Blanco
Argentine Legislation And Climate Change - Legislación Argentina Y Cambio Climático, Luis Gabriel Escobar Blanco
Luis Gabriel Escobar Blanco
This presentation was exposed in two different events, in preparation for de COP 2014 in Lima. First how panelist in "Encuentro de Cambio Climatico", organized by Ministerio de Tierras Ambiente y Recursos Naturales of Mendoza's Estate. Later in the EFICI (III Congreso de Educación en Ciencia Empírica en Facultades de Ingeniería) in UTN (Universidad Tecnológica Nacional - Regional Cuyo)
The objective this dissertation is diffusion and knowledge the argentinian legislation on climate change.
And evaluate domestic legislation by criteria Globe International Institute
Sara's State Procedural Reform: Reading Cts V. Waldburger Through Canons Of Statutory Interpretation, Alfred Light
Sara's State Procedural Reform: Reading Cts V. Waldburger Through Canons Of Statutory Interpretation, Alfred Light
Alfred Light
This Article takes Justice Antonin Scalia and Professor Bryan A. Garner’s 2012 treatise Reading Law seriously by showing how the Supreme Court applied (or failed to apply) Reading Law’s canons of statutory interpretation in a recent decision evaluating a preemptive provision of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or “Superfund”) – 42 U.S.C. §9658 in CTS v. Waldburger. Justice Kennedy applied several semantic and contextual canons: the Ordinary-Meaning Canon, the Fixed-Meaning Canon, the Whole-Text Canon, and the Harmonious Reading Canon. As important, the Court plainly rejected a principle which Reading Law calls a “falsity”: the false notion …
The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener
The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener
Mitchell Widener
The presentment clause MEETs the Suspension Power: The Affordable Care Act’s Long and Winding Road to Implementation
Mitchell J. Widener
Abstract
To enact a law, the Presentment Clause of the Constitution mandates that both Houses of Congress present a bill to the President who either signs it into law or vetoes it. The Founders included this provision to prevent presidents from emulating King James II, who would routinely suspend Parliament’s laws to favor political constituents. Additionally, the Presentment Clause served to enhance the separation-of-powers principle implied in the Constitution.
Within the past year, President Obama has suspended multiple portions of …
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
Victor B Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …
Offshore Safety And Environmental Regimes: A Post-Macondo Comparative Analysis Of The United States And United Kingdom, Jeffery R. Ray
Offshore Safety And Environmental Regimes: A Post-Macondo Comparative Analysis Of The United States And United Kingdom, Jeffery R. Ray
Jeffery R Ray
Abstract This paper uses a selected review of United States (US) laws resulting from the issues presented by the Deepwater Horizon, or Macondo, incident. Regulatory issues based on engineering concerns are analysed in the second half of the US Chapter. The analysis questions whether the US has truly dealt with Macondo issues or if the issues were effectively tabled. The current state of the US regime indicates that it is either in a transitional phase or it has failed to implement key measures to effectively utilize the post-Macondo regulations. The United Kingdom (UK) offshore safety regime followed by selected environmental …
Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine
Climate Change And Business Law In The United States: Using Procurement, Pay, And Policy Changes To Influence Corporate Behavior, Marcia Narine
Articles
No abstract provided.
Inclusionary Eminent Domain, Gerald S. Dickinson
Inclusionary Eminent Domain, Gerald S. Dickinson
Gerald S. Dickinson
This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …