SelectedWorks @ Widener University Commonwealth Law School
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A Tale of Two Codes: Examining § 522(f) of the Bankruptcy Code, § 9-103 of the Uniform Commercial Code and the Proper Role of State Law in Bankruptcy
No full textD.C. Circuit Revives Nondelegation Doctrine…Or Does It?
No full textArticle I, Section 1 of the Constitution charges Congress with the ability and the duty to make the law. Courts have always understood, however, that Congress has the capacity to delegate some legislative power to other institutional actors, typically those in the executive branch. Such delegations are justified by the practical understanding that in our increasingly complex society, Congress simply cannot do its job absent an ability to delegate power under broad general directives. This does not mean that Congress enjoys unlimited authority to delegate. Under the judicially crafted nondelegation doctrine, Congress delegates too much lawmaking power if it fails to provide an intelligible principle to which the person or body [receiving the delegated power] is directed to conform
Are Religiously Affiliated Law Schools Obsolete in America? The View of an Outsider Looking In
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The Government’s Duty to ‘Seek Justice’ in Civil Cases
No full textAs Professor Green notes, both the courts and rules of professional conduct make it clear that it is the professional responsibility of the government lawyer to seek justice in criminal cases. He goes on to consider whether this obligation should extend to civil litigation as well. In his discussion of the issue he givesexamples of different civil cases including habeas corpus cases, civil enforcement proceedings, and cases, such as contract actions or personal injury actions, where the government\u27s position would appear to be very similar to that ofa private party
Moving the Climate Change Debate from Models to Proposed Legislation: Lessons from State Experience
No full textThis Article assesses the relationship between state climate change mitigation measures and potential national climate change legislation. It describes and evaluates eleven different legal and policy tools being employed by states. These are: customer choice of electricity providers, environmental labeling requirements for electricity sources, building codes requiring energy efficiency, demand-side management, system benefit charges, cap-and-trade programs, tax credits, net metering, planning and siting preferences for renewable energy facilities, CO2 limits for new power plants, and renewable energy portfolio standards. Two broad conclusions emerge from this analysis. First, these tools have considerable potential to reduce greenhouse gas emissions. They achieve reductions primarily within the borders of the states that enacted them, not elsewhere. These tools are often used in mutually reinforcing combinations, not as stand-alone measures. While no one of these tools is necessarily capable of achieving great reductions, the careful combination of many tools is likely to have significant effects. To be sure, the effect of state actions so far is relatively modest. Still, they have considerable potential to reduce net emissions. These tools also provide a variety of benefits in addition to mitigating climate change. They are intended to conserve energy, limit other air pollutants, foster local economic growth, lower energy costs on the poor, and serve other purposes. Indeed, they are notable in part because these other benefits likely equal or even exceed their benefits in reducing greenhouse gases. Finally, these tools appear to involve negligible costs. Second, a strong case can be made for applying these tools at the national level. Many state tools result from, or work within the framework of, federal energy or environmental law. National use of these tools is likely to result in deeper reductions in net greenhouse gas emissions than state-by-state action. National uniformity in rules, particularly for market-based approaches, is likely to enhance the effectiveness of such approaches. National use of these tools is also more likely to reduce national security risks from climate change. If these tools can work at the state level, they surely can do so nationally. Because states have historic police power roles that are relevant to climate change, moreover, any national legislation should enlist the states in creative and effective ways
Over the Counter Derivatives Documentation: A Practical Guide for Executives
No full textThis Practical Guid provides an informational overview of the complex transactions of the over-the-counter derivatives market including, the role of ISDA, CFTC regulatory environment, etc