Law Commons^™

Securitize Me: Stimulating Renewable Energy Financing By Embracing The Capital Markets, Andrew C. Fink

The University of New Hampshire Law Review

The current system of financing renewable energy projects is broken and inadequate, especially when compared to the framework for participating in oil and gas ventures. The solution lies in borrowing accepted energy business practices and adapting them to solar and wind energy projects. This Article focuses on the current issues facing renewable energy project financing in the United States, analyzes failed attempts to stimulate growth, and presents the securitization of renewable energy assets as a solution. Drawing on current legal structure and debates from the corporate sphere, this Article also discusses specific securitization techniques that can help to democratize and …

A Machine Made Of Words: Our Incompletely Theorized Constitution, Gregory Brazeal

The University of New Hampshire Law Review

[Excerpt]”Many scholars have observed that the Constitution of the United States can be understood as an example of what Cass Sunstein calls an “incompletely theorized agreement.” The Constitution contains a number of extremely general terms, such as “liberty,” “necessary and proper,” and “due process.” The Framers of the Constitution, it is suggested, did not attempt to specify precisely how each of these principles would operate in every case. On this view, the Constitution is incompletely theorized in the sense of representing “a comfortable and even emphatic agreement on a general principle, accompanied by sharp disagreement about particular cases.” For example, …

Guantanamo And Beyond: Reflections On The Past, Present, And Future Of Preventive Detention, Kristine A. Huskey

The University of New Hampshire Law Review

[Excerpt] “January 11, 2011 began the tenth year of existence of the detention center at the U.S. Naval Base at Guantanamo Bay, Cuba (“Guantanamo” or “GTMO”). In human-being terms, what this means is that large numbers of men have been detained by the U.S. military for almost a decade, in prison-like conditions, without trial. In a pre-9/11 world, a “Guantanamo” and the idea of “detention without trial” would have been seen as decidedly un-American and a violation of our democratic values. Over the last decade, however, Guantanamo” and the practice of long-term detention without trial for terrorism suspects (or, “preventive …

Procedural Justice Post-9/11: The Effects Of Procedurally Unfair Treatment Of Detainees On Perceptions Of Global Legitimacy, David Welsh

The University of New Hampshire Law Review

[Excerpt] “The Global War on Terror has been ideologically framed as a struggle between the principles of freedom and democracy on the one hand and tyranny and extremism on the other. Although this war has arguably led to a short-term disruption of terrorist threats such as al-Qaeda, it has also damaged America’s image both at home and abroad. Throughout the world, there is a growing consensus that America has “a lack of credibility as a fair and just world leader.” The perceived legitimacy of the United States in the War on Terror is critical because terrorism is not a conventional …

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

The University of New Hampshire Law Review

[Excerpt] “In the lead up to the 2008 Presidential election, there was broad bipartisan support for closing the detention facility at Guantanamo Bay. President Bush was quoted as saying, “I’d like it to be over with.” John McCain and General Colin Powell echoed similar sentiments for ending detention at the naval base. In addition to prominent Republicans calling for closure, public opinion began to support finding alternative solutions for prisoners held at Guantanamo Bay.

Barack Obama wasted no time once sworn into office executing his central campaign promises. On January 22, 2009, two days after becoming the forty-fourth President of …

Territorial Sovereignty And The Evolving Boumediene Factors: Al Maqaleh V. Gates And The Future Of Detainee Habeas Corpus Rights, Luke R. Nelson

The University of New Hampshire Law Review

[Excerpt] “In November 2010, the U.S. government prosecuted in a civilian federal court an accused terrorist detainee housed since 2004 at the Guantanamo Bay Detention Center (Guantanamo Bay). The Obama Administration considered this trial a “test case” for prosecuting accused terrorist detainees in civilian federal courts. Of the more than 280 charges against the detainee defendant, a civilian jury convicted him of one count and acquitted him of the remaining charges. Yet, the defendant received a life sentence without parole.

This “test case” is one example of a changing landscape in international armed conflict and detainee rights jurisprudence following September …

The Death Penalty And The Society We Want, Stephen B. Bright

The University of New Hampshire Law Review

[Excerpt] “At the local level, we can tell a lot about a community by how it treats a homeless person suffering from schizophrenia who is begging on the street. One possibility is to look upon that person with the thought that there but for grace go I, that this person is desperately in need of help, and that we—individually and as a community—must respond by giving a helping hand and making sure that the person receives food, shelter, clothing, and care for such a debilitating mental illness. Another possibility is to simply ignore the person, to step around him or …

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

The Core Plan Or How I Learned To Stop Worrying And Love The Central City: Shifting Control Of Regional Mass Transit To The Central City, Jeffrey Baltruzak

The University of New Hampshire Law Review

[Excerpt] “Mass transit in the United States is moribund: it plays a meaningful transportation role in only a handful of American regions. It is clear that the status quo—where state-created special-purpose districts (SPDs) provide limited regional mass transit options and new mass transit construction progresses at a glacial pace—is a colossal failure. This failure necessitates a new model of mass transit ownership and management. It is time for the region’s central city to own and operate the region’s mass transit system extraterritorially, free from significant control by the outer cities (the suburbs) and the state. This article calls this arrangement …

Fixing Fisa For Long War: Regulating Warrantless Surveillance In The Age Of Terrorism, Adam Burton

The University of New Hampshire Law Review

[Excerpt] “The English poet W.H. Auden once claimed that “Peeping Toms are never praised, like novelists or bird watchers, for the keenness of their observations.” Perhaps Auden would have modified his maxim had he lived in the age of terrorism. A certain degree of government surveillance of even intimate communications is expected, encouraged, and indeed praised when the government’s efforts lead to the prevention of catastrophe. However, it is also expected that the government will minimize these intrusions, will conduct surveillance only on legitimate targets, and will follow the procedural safeguards that the representatives of the people have enacted in …

States’ Rights And The Scope Of The Treaty Power: Could The Patriot Act Be Constitutional As A Treaty?, Simcha Herzog

The University of New Hampshire Law Review

[Excerpt] “Consider the following hypothetical scenario: after an appeal by the American Civil Liberties Union, the Supreme Court determines that the Patriot Act is unconstitutional. This decision so infuriates President Bush that he seeks out the advice of his legal counsel in a frantic attempt to bypass the Court’s ruling. After some research, President Bush’s legal advisers give him two options: he can either attempt to pass an amendment to the constitution or, with the “advice and consent of the Senate,” he can sign the Patriot Act as a treaty with a foreign nation. Either of these measures will evade …

Introduction To Special Issue On Radiation Effects, P. Andrew Karam

The University of New Hampshire Law Review

[Excerpt] "How dangerous is radiation? How much radiation does it take to give us cancer? Are we wasting money on overly restrictive regulations, or are we not being sufficiently protective of our radiation workers and the public? How much clean-up is necessary on our Department of Energy facilities? What about Yucca Mountain and nuclear reactor plants – can they be made safe?

These are only a few of the questions that have been asked, and will continue to be asked, about radiation. Unfortunately, these all come down, in part or in whole, to the question “What is the shape of …

A Method For Modeling Low-Probability, High- Consequence Risk Events: Vessel Traffic On The Lower Mississippi River, George Wooddell, Robert Gramling, Craig J. Forsyth

The University of New Hampshire Law Review

[Excerpt] "A variety of commodities, from chlorine to corn and petroleum to passengers, are transported on the lower Mississippi River regularly. Corn, wheat and coal are the most commonly carried commodities. From a human health and safety perspective, these are relatively benign products in that a vessel accident and spill of these are not directly hazardous to people, whatever other ecological disturbances may ensue. However, over eighty million tons of petroleum products are transported on the river annually. Over a million tons of liquid natural gas traverse the river through the center of New Orleans. Additionally, over 400,000 tons of …

Effects Of The Shape Of The Radiation Dose-Response Curve On Public Acceptance Of Radiation And Nuclear Energy, Audeen W. Fentiman

The University of New Hampshire Law Review

[Excerpt] “The public generally accepts the premise that exposure to radiation can have an undesirable effect. Furthermore, it believes that as the radiation dose increases, the magnitude of the effect will increase. On the other hand, while the background radiation dose varies from a few hundred millirem/year (a few millisieverts/yr) in some places to a few thousand millirem/yr (tens of millisieverts/yr) in others, researchers have been unable to find a correlation between the level of background radiation and incidence of cancer or other maladies attributable to radiation.

…

Because there is considerable controversy about the relationship between radiation dose and …

Risk Assessments For Chemical Stockpile Incinerators: Is The Supporting Guidance Adequate, Lawrence V. Tannenbaum

RISK: Health, Safety & Environment (1990-2002)

The author identifies potential deficiencies in guidance used in the United States for risk assessments of chemical weapons incinerators.

How To Achieve Public Participation In Nuclear Waste Decisions: Public Relations Or Transparent Adversary Science, Judy Treichel

RISK: Health, Safety & Environment (1990-2002)

[Excerpt] "Commercial nuclear reactors in the United States have been producing electricity and highly radioactive wastes for more than forty years. Originally, reluctant utilities built reactors at the urging of Congress, acting in accordance with the Atomic Energy Act. The Act called for promotion of nuclear technology and also provided a shield of secrecy allowing for extensive power to classify information. Wiretapping and other surveillance techniques were allowable if nuclear secrets or interference with nuclear programs were involved. During this time the Atomic Energy Commission (AEC) provided films and comic books, and gave speeches in a public relations campaign designed …

The Impacts Of Using A Safety Compliance Standard In Highway Design, Paul J. Ossenbruggen

RISK: Health, Safety & Environment (1990-2002)

Dr. Ossenbruggen introduces an algorithmic method to objectively test and evaluate safety in the highway design process.

Looking Back: Cyclamate, Allan Mazur, Kevin Jacobson

RISK: Health, Safety & Environment (1990-2002)

The second in a series re-evaluating hazards identified in the 1950s and 60s.

Nuclear Waste And Native America: The Mrs Siting Exercise, M. V. Rajeev Gowda, Doug Easterling

RISK: Health, Safety & Environment (1990-2002)

Drs. Gowda & Easterling provide cross-cultural perspectives on issues of risk perception, equity and policy as they affect nuclear waste storage on Native American sites.

Comparison Of Environmental Risk Provisions In The 103d Congress, Linda-Jo Schierow

RISK: Health, Safety & Environment (1990-2002)

Dr. Schierow, an Analyst in Environmental Policy with the Congressional Research Service, presents a tabulated summary of comparable provisions in several bills with special attention to the Risk Assessment Improvement Act of 1994.

Preferences For Exposure Control Of Power-Frequency Fields Among Lay Opinion Leaders, Ann Bostrom, M. Granger Morgan, Jack Adams, Indira Nair

RISK: Health, Safety & Environment (1990-2002)

The authors report on surveys, differing according to focus on remedial costs, of Pittsburgh-area adults indicating beliefs about possible health effects of electromagnetic fields and the acceptability of options for reducing or eliminating the potential impact.

Trace Substances, Science And Law: Perspectives From The Social Sciences, James F. Short Jr.

RISK: Health, Safety & Environment (1990-2002)

Using advances in analytical technology as a point of departure, Dr. Short reviews what social science research reveals about perceptions, decision making processes and behaviors of organizations and individuals who try to cope with risk and uncertainty.

Mapping--The Missing Link In Reducing Risk Under Sara Iii, Ute J. Dymon

RISK: Health, Safety & Environment (1990-2002)

Dr. Dymon explains how maps can, e.g., hasten effective community responses to natural and artificial hazards and laments widespread failure to prepare and use hazard maps more extensively.

Overview Of Federal Technology Transfer, Lawrence Rudolph

RISK: Health, Safety & Environment (1990-2002)

Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.

Technology Transfer: A View From The Trenches, Harvey Drucker

RISK: Health, Safety & Environment (1990-2002)

Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.

Individual Control Of Risk: Seat Belt Use, Subjective Norms And The Theory Of Reasoned Action, Juanita V. Field, Kenneth D. Boehm, Kevin M. Vincent, Jessica L. Sullivan

RISK: Health, Safety & Environment (1990-2002)

When faced with a risk for which an inexpensive solution is available, individuals often choose the risk rather than the solution. Protection from certain kinds of risks, e.g., using seat belts or condoms or insulating against radon, is largely under personal control, but individuals often choose not to comply with behaviors which would reduce the risk. The Theory of Reasoned Action (TRA) has been used to predict when individuals will comply. The authors attempted to validate aspects of the TRA by the use of scenarios. Factor analysis of their data supports the theory that intention is a major determinate of …

Book Review, Angela V. Tafro

RISK: Health, Safety & Environment (1990-2002)

Review of: VICE PRESIDENT AL GORE, EARTH IN THE BALANCE: ECOLOGY AND THE HUMAN SPIRIT. (Plume 1993) [368 pp.] Acknowledgements, bibliography, figures, foreword, illustrations, index, notes. LC 92- 34013; ISBN 0-452-26935-0. [Paper $13.00. 375 Hudson Street, New York NY 10014.]

Book Review, Scott Hogan

RISK: Health, Safety & Environment (1990-2002)

Review of: ROBERT A. SHANLEY, PRESIDENTIAL INFLUENCE AND ENVIRONMENTAL POLICY. (Greenwood Press, 1992) [163 pp.] Abbreviations, acknowledgements, index, introduction, notes, selected bibliography. LC 92-15584; ISBN 0-313-25883-X. [$45.00 cloth. 88 Post Road West; Westport CT 06881.]

Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg

RISK: Health, Safety & Environment (1990-2002)

This paper advances a process for determining whether, e.g., waste-to-energy facilities are disproportionately located in minority and poor communities, and the author asks others to join in searching for a scientifically sound and fair process of resolving conflicting interests in locating LULUs. He also discusses some difficult issues and argues that they need to be addressed by a representative panel.

Procedural Choices In Regulatory Science, Sheila Jasanoff

RISK: Health, Safety & Environment (1990-2002)

This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.