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All Volumes | Volume 84 | Issue 2

Congressional Consent Under the Compact Clause: Plugging the Leaks in the Regional Greenhouse Gas Initiative

Margaret C. Hupp | Comment

The United States faces a potential turning point in the relationship between state and federal regulation of environmental issues. With the election of President Barack Obama, who has signaled a commitment to taking action in the area of carbon emissions regulation, the national government may step into an arena where the states are already playing, setting up a federalism debate to determine the better actor to enact meaningful and efficient environmental protection. Effectiveness in this area depends on the balance between quick enactment to prevent increased emissions (and further harm) and the comprehensiveness required to address this national and global [...]

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A Crime Against Common Sense: How Louisiana’s Implementation of the Adam Walsh Act Exposes the Law’s Most Significant Flaw

Kelsey Meeks Duncan | Comment

In Louisiana, hundreds of people are required to register as sex offenders for committing a crime that is neither violent, predatory, nor against children. Prostitutes who offer (or solicitors seeking) vaginal sex are convicted of prostitution, whereas prostitutes offering (or solicitors seeking) oral or anal sex may be convicted of “Crime against nature” and must register as sex offenders. This Comment explores how Louisiana’s implementation of the flawed Adam Walsh Act has led to the senseless mislabeling of those convicted of “Crime against nature” as sex offenders. More than merely recognizing the problem, this Comment offers a practical solution.

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The Political Economy of Energy and Its Implications for Climate Change Legislation

Jim Rossi | Article

Public choice themes have arisen throughout the history of U.S. energy regulation and continue to be relevant today, particularly with widespread discussion of deregulation and increased attention to climate change. This Article surveys how public choice themes are relevant to understanding a host of issues of importance to the electric power industry today, including the structure of the industry, the significance of wholesale markets, and the division of regulatory power between state and federal authorities. The Article highlights how an understanding of how public choice has contributed to these features of the electric power industry will prove important to the [...]

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Law and Choice of Entity on the Social Enterprise Frontier

Thomas Kelley | Article

Social entrepreneurs are people who envision widespread, systematic social change and who attack society’s ills at the roots, employing the spirit and the tools of entrepreneurship. They reject the traditional boundaries between the nonprofit and for-profit sectors and carry out their plans through so-called hybrid social enterprises, which combine the soul of nonprofit organizations with the discipline and business savvy of for-profits. Although social entrepreneurs generally are driven by a desire to do good, they view themselves as businesspeople who are trying to achieve double-bottom-line (financial and social) or triple-bottom-line (financial, social, and environmental) results.

Why should the emergence of [...]

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Probabilities, Planning Failures, and Environmental Law

Dave Owen | Article

Environmental laws often mandate specific environmental outcomes and require agencies to adopt plans designed to achieve those outcomes. But because of pervasive uncertainties, agencies are often unsure if their plans will succeed. Decisionmakers therefore must decide how to balance risks of plan failure against the costs of more cautious regulatory approaches. This Article explores and evaluates legal responses to these dilemmas. I find that environmental statutes and regulations use a patchwork of measures to manage these planning uncertainties. Decisions about planning uncertainty are frequently made on an ad hoc, nontransparent basis, and plans with low success odds are common. That [...]

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Reconstructing the Responsibility to Protect in the Wake of Cyclones and Separatism

Jarrod Wong | Article

This Article reconceptualizes the doctrine of the responsibility to protect (R2P). R2P provides that when a government fails to protect its citizens from genocide, war crimes, ethnic cleansing or crimes against humanity (“mass atrocities”), that responsibility shifts to the international community acting through the United Nations.

The U.N.’s apparent failure to include natural disasters in the catalogue of harms potentially justifying R2P intervention generated considerable controversy following Myanmar’s refusal of foreign aid following the devastation wrought by Cyclone Nargis. Those seeking to limit the scope of R2P considered it inapplicable in the case of Myanmar, reading the U.N.’s focus on [...]

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      • Volume 85
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        • Issue 5
        • Issue 6

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