Public Affairs, Public Policy and Public Administration Commons^™

International Financial Standards And The Explanatory Force Of Lex Mercatoria, Cally Jordan

Faculty Papers & Publications

The global financial crisis has cast a strong light on some hitherto obscure corners of the financial world, provoking an outpouring of calls for concerted international action. “Hard law” having disappointed, can “soft law”, in the form of international financial standards, substitute for traditional national legislation. This article examines some of the difficulties associated with the “international standards as soft law” discourse.

First of all, conceptual problems in the “soft law” discourse itself reveal profoundly different patterns of legal thought cutting across national boundaries, resulting in different understandings of international financial standards. Secondly, recent experience, over the past decade, with …

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

24 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado." Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 331 (2013).

Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

21 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 355 (2013).

"Scott Miller ed."

Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

11 pages.

"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).

An O’Neill Institute Briefing Paper: The Supreme Court’S Landmark Decision On The Affordable Care Act: Healthcare Reform’S Ultimate Fate Remains Uncertain, Emily W. Parento, Lawrence O. Gostin

O'Neill Institute Papers

The Supreme Court’s decision on the constitutionality of the Patient Protection and Affordable Care Act (ACA) is a landmark on the path toward ensuring universal access to health care in the United States. In a 5-4 decision written by Chief Justice Roberts, the Court upheld the law in its entirety with the sole exception that Congress may not revoke existing state Medicaid funding to penalize states that decline to participate in the Medicaid expansion under the ACA. In this O’Neill Institute Briefing, we explain and analyze the Court’s decision, focusing on the individual purchase mandate and the Medicaid expansion, while …

Child Abuse Reporting: Rethinking Child Protection, Susan C. Kim, Lawrence O. Gostin, Thomas B. Cole

Georgetown Law Faculty Publications and Other Works

The general public has been bewildered by the magnitude of sex abuse cases and the widespread failure by pillars of the community to notify appropriate authorities. The crime of sexually abusing children is punishable in all jurisdictions and this article examines the duty to report suspected cases by individuals in positions of trust over young people, such as in the church or university sports. The Federal Child Abuse Prevention and Treatment Act (CAPTA) defines child maltreatment as an act or failure to act on the part of a parent or caregiver that results in death, serious physical or emotional harm, …

Food Fight: A Case Study Of The Community Food Security Coalition’S Campaign For A Fair Farm Bill, Marni Salmon

Capstone Collection

The farm bill is an all-encompassing piece of legislation that is reauthorized approximately every five years and establishes federal policy for everything from farm subsidies and crop insurance to energy, conservation, food stamps and school lunches. The current law expires at the end of September 2012. Reauthorization of the farm bill represents the single largest opportunity to reform the policies that shape food systems in the United States. The Community Food Security Coalition (CFSC) is campaigning to improve access to healthy food by increasing links with family farmers and to strengthen local and regional food systems. This case study traces …

Implementing A State Lottery In Nevada, Benjamin K. Boulton

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study is to assess the feasibility of implementing a state lottery in Nevada and to present the benefits of a state lottery for both the Nevada hospitality industry and the Nevada economy. It will compare and contrast the arguments for and the arguments against a lottery by executing a content analysis of existing research literature as well as other relevant publications. It will also examine the history of lotteries, the states that border Nevada and have lotteries and the legislative history of lottery proposals in Nevada.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

War Without Violence: Leveraging The Arab Spring To Win The War On Terrorism, Pat Proctor

Journal of Strategic Security

After a decade of war, the United States has failed to eradicate the threat of salafist jihadism. No matter how hard it tries, the United States cannot kill its way to victory in the war on terrorism. Sweeping changes across the Middle East—dubbed the "Arab Spring" by the media—have presented the West with a unique opportunity to pursue an alternative approach. Rather than engaging in war (politics through violence), the United States should engage in mass politics (war without violence) to compel the Arab world to reject the salafist jihadism idea. This article proposes a strategy calibrated to defeat international …

The Youth Bulge In Egypt: An Intersection Of Demographics, Security, And The Arab Spring, Daniel Lagraffe

Journal of Strategic Security

During the Arab Spring, Egyptians revolted against decades of poor governance and failed institutions. A wide range of grievances contributed to the eventual fall of the Mubarak regime, and most of these grievances were influenced by the demographic composition of the Egyptian population. This paper argues that the youth bulge in Egypt played a major role in the political transition and as such serves as the prime example of the intersection of demographics, security, and the Arab Spring.

Learning From Libya, Acting In Syria, Caitlin A. Buckley

Journal of Strategic Security

The international community has reached an impasse. The violence committed by Syrian President Assad's government against opposition forces, who have been calling for democratic reform, regime change, and expanded rights, has necessitated a response from the international community. This article explores various ways the international community could respond to the crisis in Syria and the consequences of each approach. It compares the current calamity in Syria to the crisis in Libya and examines the international community's response to the violence perpetrated by Qaddafi's regime. It further analyzes reports, primarily from the UN and news sources, about the ongoing predicament in …

Libya And Resolution 1973: The Law Of Politics, Monica Naime

Journal of Strategic Security

This paper analyzes recent developments in the intervention in Libya from the perspective of international relations and international law. The evidence suggests that states decided to intervene in Libya prior to sanction from the United Nations Security Council's Resolution 1973. The implication from the Libyan example is that politics was the impetus for the formulation and implementation of law, and not the other way around. Law "happens" in a context, and this context is shaped and bounded by international politics. This article is intended to invigorate further research into how international politics influences the creation, interpretation, and application of international …

The Impact Of The Arab Spring On Islamist Strategies, Ioana E. Matesan

Journal of Strategic Security

The revolutions in Tunisia and Egypt created a contagion effect that inspired a series of uprisings by sending two signals: first, that even entrenched authoritarian regimes are vulnerable; and second, that nonviolent tactics can be effective in bringing about dramatic political changes. Subsequent developments, especially in Libya and Syria, convoluted these messages. Nonetheless, the political openings and the electoral victory of Islamists in Egypt and Tunisia continue to send the signal to many Islamist opposition groups that nonviolent means and participation in politics can be effective ways to produce political change. The chance of gaining power through electoral means can …

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.

Off Premises Sunday Sales In Georgia Localities: Will It Affect Traffic Accidents?, Forrest Rose, Nathan Dunkel

Georgia Journal of Public Policy

Discussions about public policy relating to alcohol cause a polarizing reaction to many people in this country, particularly in the South. The state of Georgia, for example, has a long history of policies regulating alcohol which reflects its membership as part of the “Bible Belt” where Sunday is regarded as a holy day and therefore alcohol cannot and should not be purchased on this day. Given that the impetus of alcohol control policy has generally widened the availability of alcohol since the Prohibition, the moral concerns of voters regarding alcohol regulation have been superseded in the public debate with safety …

[Unemployment Insurance: The Path Back To Work]: Testimony Before The Senate Finance Committee, Stephen A. Wandner

Testimonies

No abstract provided.

Making Executive Privilege Work: A Multi-Factor Test In An Age Of Czars And Congressional Oversight, Ken Klukowski

Faculty Publications and Presentations

No abstract provided.

Agenda: A Low-Carbon Energy Blueprint For The American West, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Renewable And Sustainable Energy Institute, Western Resource Advocates, Rocky Mountain Research Station (Fort Collins, Colo.)

A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8)

The future of the planet may depend upon our ability to increase energy supplies even as we reduce carbon emissions. This conference will address how a low-carbon energy program might evolve with a particular focus on the American West. It will focus on the future of energy in the West--on a “managed transition” to a different energy mix, on the need to nest this effort in a framework that acknowledges interconnections, and on identifying the most salient opportunities to consider the legal, political, financial, and technical challenges.

Not By Technology Alone: The “Analog” Aspects Of Online Public Engagement In Policymaking, Dmitry Epstein, Mary J. Newhart, Rebecca Vernon

Cornell e-Rulemaking Initiative Publications

Between Twitter revolutions and Facebook elections, there is a growing belief that information and communication technologies are changing the way democracy is practiced. The discourse around e-government and online deliberation is frequently focused on technical solutions and based in the belief that if you build it correctly they will come. This paper departs from the literature on digital divide to examine barriers to online civic participation in policy deliberation. While most scholarship focuses on identifying and describing those barriers, this study offers an in-depth analysis of what it takes to address them using a particular case study. Based in the …

Regulationroom: Field-Testing An Online Public Participation Platform During Usa Agency Rulemakings, Cynthia R. Farina, Josiah Heidt, Mary J. Newhart, Joan-Josep Vallbé, Cornell Erulemaking Initiative

Cornell e-Rulemaking Initiative Publications

Rulemaking is one of the U.S. government's most important policymaking methods. Although broad transparency and participation rights are part of its legal structure, significant barriers prevent effective engagement by many groups of interested citizens. RegulationRoom, an experimental open-government partnership between academic researchers and government agencies, is a socio-technical participation system that uses multiple methods to alert and effectively engage new voices in rulemaking. Initial results give cause for optimism but also caution that successful use of new technologies to increase participation in complex government policy decisions is more difficult and resource-intensive than many proponents expect.

“Seeking Justice, Strategically”, Joel R. Pruce

Human Rights & Human Welfare

In his opinion piece, Ian Paisley takes to task the International Criminal Court (ICC) for, as he sees it, intervening in domestic processes of reconciliation at the expense of long-term prospects for peace. The "peace versus justice" paradox is not a new one and Paisley expresses a common criticism of justice mechanisms as disruptive of post-conflict, societal healing and the overwhelming hurdle of governing in the aftermath of violence. Missing from his analysis is a broader understanding of trends in international justice and accountability, of which the ICC is only one component. While the ICC is certainly not immune from …

“Slippery Slopes: On Why We Need The Icc”, Matthew S. Weinert

Human Rights & Human Welfare

Peace, reconciliation, and restorative justice: these are the albatrosses that international criminal law (ICL) must (unfairly) bear. Ian Paisley, MP from Northern Ireland and former United Nations and European Union peace envoy, echoes in a New York Times op-ed contribution the aspirations heaped onto the International Criminal Court (ICC). In March, the ICC convicted Thomas Lubanga for war crimes and the conscription of children as soldiers; justice has been done, Paisley claims. Yet the ICC was "intended as an instrument of peace," and "there is no peace" in the Democratic Republic of the Congo (DRC). On this ground he concludes, …

June Roundtable: International Criminal Court, Peace, And Justice, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Peace Must Not Be the Victim of International Justice” New York Times. March 16, 2012.

Global Health Justice: A Perspective From The Global South On A Framework Convention On Global Health, Lawrence O. Gostin, Ames Dhai

Georgetown Law Faculty Publications and Other Works

A global coalition of civil society and academics recently launched the Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI), which is developing a post-Millennium Development Goal (MDG) framework for global health. JALI’s mission is the achievement of a global health treaty based on the right to health—a Framework Convention on Global Health (FCGH). The FCGH proposes establishing fair terms of international co-operation, with agreed-upon mutually binding obligations to create enduring health system capacities, meet basic survival needs, and reduce unconscionable inequalities in global health. States that bear a disproportionate burden of disease have the least …

Pillars For Progress On The Right To Health: Harnessing The Potential Of Human Rights Through A Framework Convention On Global Health, Eric A. Friedman, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Ever more constitutions incorporate the right to health, courts continue to expand their right to health jurisprudence, and communities and civil society increasingly turn to the right to health in their advocacy. Yet the right remains far from being realized. Even with steady progress on numerous fronts of global health, vast inequities at the global and national levels persist, and are responsible for millions of deaths annually. We propose a four-part approach to accelerating progress towards fulfilling the right to health: 1) national legal and policy reform, incorporating right to health obligations and principles including equity, participation, and accountability in …

From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell

Human Rights & Human Welfare

Is there a tension between justice and peace? That debate I leave to my co-panelists, because the most interesting and important thing about this month's centerpiece, without a doubt, is not its well-judged (if slightly ill-informed) take on the ICC, but the name of the author at its end.

A Framework Convention On Global Health: Health For All, Justice For All, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Health inequalities represent perhaps the most consequential global health challenge and yet they persist despite increased funding and innovative programs. The United Nations is revising the Millennium Development Goals (MDGs) that will shape the world for many years to come. What would a transformative post-MDG framework for global health justice look like? A global coalition of civil society and academics—the Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI)—has formed an international campaign to advocate for a Framework Convention on Global Health (FCGH). Recently endorsed by the UN Secretary-General, the FCGH would reimagine global governance for …