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Full-Text Articles in Law

Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua P. Fershee Jan 2011

Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua P. Fershee

Joshua P Fershee

Despite the potential appeal of dramatically increased liability and sentences in the wake of environmental disasters like the Deepwater Horizon oil blowout in the Gulf of Mexico, this Article argues that more aggressive criminal provisions and enforcement related to environmental harms, up to and including strict criminal liability, are not likely to protect the environment better or lead to safer work environments. This Article first considers the history and legality of, and the rationale behind, policies designed to make it easier to convict allegedly responsible parties and also discusses the pursuit of increased liability in relation to disaster-related and tragedy-related …


When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee Jan 2010

When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee

Joshua P Fershee

This Article seeks to understand who supports renewable energy mandates (and why) by analyzing a variety trends found in political and socio-economic data by state, as well as by state renewable energy opportunities (or the lack of such opportunities). The review finds little shocking in the way of politics: Democratic states tend to favor mandates and Republican states tend not to have mandates. Somewhat surprisingly, the correlations among states with wind and solar resources (as well as most of the demographic data) ranged from limited to inconclusive. In religion, however, a strong trend developed. The states with higher Catholic populations …


Atomic Power, Fossil Fuels, And The Environment: Lessons Learned And The Lasting Impact Of The Kennedy Energy Policies, Joshua P. Fershee Jan 2009

Atomic Power, Fossil Fuels, And The Environment: Lessons Learned And The Lasting Impact Of The Kennedy Energy Policies, Joshua P. Fershee

Joshua P Fershee

Because of his short term of office, President Kennedy’s energy policies have not been critiqued, reviewed, or analyzed in the same manner, or to the same degree, as other administrations. This Essay fills part of that void by reviewing the key components of President Kennedy’s energy and environmental goals and policies that managed to have a lasting impact, despite his short term in office, and discusses the results of those policies, both positive and negative. Through this review, President Kennedy’s policies can become a resource and roadmap for the current Administration and all those who seek to ensure access to …