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Full-Text Articles in Law

Delegating Climate Authorities, Mark P. Nevitt Jan 2022

Delegating Climate Authorities, Mark P. Nevitt

Faculty Articles

The science is clear: the United States and the world must take dramatic action to address climate change or face irreversible, catastrophic planetary harm. Within the U.S.—the world’s largest historic emitter of greenhouse gas emissions—this will require passing new legislation or turning to existing statutes and authorities to address the climate crisis. Doing so implicates existing and prospective delegations of legislative authority to a large swath of administrative agencies. Yet congressional climate decision-making delegations to any executive branch agency must not dismiss the newly resurgent nondelegation doctrine. Described by some scholars as the “most dangerous idea in American law,” the …


Governing For The Corporations: History And Analysis Of U.S. Promotion Of Foreign Investment, Michael R. Miller Sep 2014

Governing For The Corporations: History And Analysis Of U.S. Promotion Of Foreign Investment, Michael R. Miller

Michael R Miller

This paper explores and analyzes U.S. government support for foreign investors, especially major oil companies.

Throughout the 20th Century the US government has repeatedly used its international political influence to benefit US corporate activities abroad. The US government and others assumed initially that this was in the larger interests of the United States because US companies would represent and promote the United States’ policy agenda.

However, US corporate activities abroad over the last century seem to indicate this assumption was flawed. In numerous examples, US corporations have either ignored or thwarted the stated interests of the US government. At first …


Think Globally, Act Locally: The Role Of State And Local Ballot Initiatives In International Environmental Law, K.K. Duvivier Jan 2000

Think Globally, Act Locally: The Role Of State And Local Ballot Initiatives In International Environmental Law, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Ballot initiatives are generally seen as a local phenomenon, and consequently have rarely been examined from an international perspective. Thus, the subcategory of international environmental initiatives is small. However, in the last thirty years, the use of ballot initiatives has increased in the United States. 17 With the expanding globalization of society, more and more ballot initiatives may have an impact on international environmental issues. Some of these international environmental ballot initiatives will pass and may become enforceable laws. Others may be invalidated if they are preempted, either by federal laws or by the federal government's control over the field …


Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy Jan 1995

Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy

St. Mary's Law Journal

This Article explores whether U.S. ratification of the International Covenant on Civil and Political Rights (Civil and Political Covenant) provides the American judiciary with reason to jettison the Ker-Frisbie doctrine. If the United States does not forego use of the Ker-Frisbie doctrine the country will violate its international obligations arising from a major human rights treaty. Part II discusses the customary norm of international law which forbids—and the American rule which permits—forcible abductions overseas. It also reviews whether extraterritorial abductions violate customary international law. Part III discusses applicability of the Civil and Political Covenant to the Ker-Frisbie doctrine and details …