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Maritime Emissions Taxation: An Alternative to the EU Emissions Trading Scheme?
Get PDFFocusing on the EU’s alternative proposal of an emissions tax, this article analyzes the possibility for the imposition by an EU Member State of a targeted environmental tax to reduce maritime emissions. It considers how such a tax can be imposed in a manner that will not be detrimental to commercial interests and can instigate the desired impact. Importantly, it focuses upon providing a greater incentive for the maritime industry to invest in the most efficient shipping fleet to reduce emissions. It concludes by comparing whether such a perceived maritime emissions tax could be more advantageous than including maritime emissions in the EU ETS
Reports of Its Death Are Greatly Exaggerated: eBay, Bosch, and the Presumption of Irreparable Harm in Hatch-Waxman Litigation
Get PDFThis Article examines the preliminary injunction standard in pharmaceutical patent infringement actions pursuant to the Hatch-Waxman Act. Prior to Supreme Court’s decision in eBay v. MercExchange, L.L.C. in 2006, federal courts applied a presumption of irreparable harm when a patent holder established a likelihood of success on the merits. While the eBay Court abrogated the presumption of irreparable harm in permanent injunctions, courts have been unclear as to application of eBay on preliminary in-junctions. This Article will further examine preliminary injunctions in Hatch-Waxman actions in the District of New Jersey since eBay in 2006 and argue that courts still tacitly apply the irreparable harm presumption
“Meet Me Halfway”: Arm Wrestling and the Law
Get PDFMost law review articles are very serious, and with good reason. They discuss important, world-changing matters like the role and magnitude of executive power, the limits of Constitutional rights, the boundaries of international law, and the vagaries of civil procedure. This Article has no such world-changing or reverent pretentions; it instead takes a light-hearted view of a fairly marginal legal topic: arm wrestling. To provide a spine for the discussion, the Article leans heavily on the 1980s movie Over the Top – a movie about arm wrestling, trucking, and child custody - to provide examples of arm wrestling content with legal implications. As the Article develops background on the topic, it discusses types of tort liabilities likely to apply to arm wrestling, the functional import of waivers in the arm wrestling context, and the possible liabilities of third parties who host or organize arm wrestling bouts
Towards International Criminalization of Transboundry Environmental Crimes
Get PDFThis dissertation puts forward the argument that violations of the International Covenant on Economic, Social and Cultural Rights should be penalized under a criminal body of international law. The theories brought forth under this proposal stems from the field of green criminology, which explores the criminal application of law in the context of environmental protection. The concept of crimes against future generations can be the crux of new law that can be used to criminalize conduct against the interest of future populations. In an effort to maintain sustainable development which centers on environmental protection, economic protection and social development, the principle of crimes against a generation can be built on the principle of basic normative ethics that teach us to care for ourselves and others.
The underlining proposal is to establish a new sovereign international court that has the ability to supersede domestic decisions and implement international principles for the execution and enforcement of environmental protection. This dissertation argues that it is acknowledged that domestic and international regulatory instruments are semi-effective. Currently, there exists a plethora of legal instruments on environmental protection. Although bodies of law exist, as well as courts to hear violations, the current ability to stop the very worst acts of environmental destruction is nonexistent. Gross acts by corporations continue as they are largely unsanctioned. To further elaborate on the gaps and solutions proposed, this dissertation shall delve into the existing international and national legal responses to gross environmental damage and the feasibility of a new area of criminal justice
The Patent Reform Debate: Has Patent Overprotection Resulted in Not-So-Smartphones?
Get PDFThis Article discusses the issue of excessive patent protection and possible remedies; the discussed remedies are the usage of antitrust laws or simply replacing certain patents with copyright protection. This Article first explores the relationship between patent protection and antitrust law. It then describes a number of tests that have been used in the past and one proposed new test, designed to confront this interrelationship. While considering these tests, this Article applies two controversial real-world patents to each in order to examine their benefits and problems. This Article then goes on to discuss the possible benefits of protecting inventors through copyright laws. Generally, the primary goal of regulating these areas of law is to reach an optimal level of “consumer welfare” consisting of innovative products at competitive prices. While this Article discusses numerous legal theories, they will be framed in the context of attempting to produce the greatest amount of consumer welfare
The Popular Thing to Do Examining Young Evangelicals\u27 Motivations for Short-Term Mission Trips
Get PDFEvangelical Christians are taking short-term mission trips in ever increasing numbers, with several billion dollars a year invested in these efforts. This thesis set out to understand if there was a gender difference in the motivations of young evangelical men and women, ages 14-25, who participate in short-term mission trips. Using historical perspectives on missions and functionalism, this thesis explores the motivations of recent short-term missionaries. I expected a large difference between the genders based on historical narratives of men and women missionaries, as well as my own experience in missions. However, after interviewing seventeen people, ten women and seven men, I discovered that men and women participated because of similar motivations, for example social and understanding motivations. Therefore, I argue in this paper that gender does not significantly impact motivations of evangelical Christian short-term missionaries, ages 14-25, because the qualitative data collected yielded nearly equal functional motivations for men and women. I also argue that short-term missions have several systemic issues that were revealed in studying the motivations; and that in order for these trips to be beneficial the systemic issues will need to be addressed. The thesis begins by examining historical motivations of women missionaries, and then summarizes functional theory to provide a platform for the research. The data collection methodology is described, and concerns that arose prior to the primary research are also discussed. The primary data analysis then reveals that both men and women participate in short-term mission trips for social relationships, desires to learn, and their moral convictions
Too Complex to Perceive? Drafting Cash Distribution Waterfalls Directly as Code to Reduce Complexity and Legal Risk in Structured Finance, Master Limited Partnership, and Private Equity Transactions
Get PDFThis Article proposes that complex structured finance transactions involving sophisticated investors should adopt an analogous solution to the home construction agreements’ strategy of contracting by reference to blueprints. First, dealmakers should, preferably by choice, place as much of their waterfall distribution specification and related inputs as possible into automated, programmatic representations that will be used to make the actual distribution. In many cases, these agreements already have programmatic representations, so this change should pose relatively few practical challenges logistically. Second, they should, like their counterparts in construction contracts, define the terms of those waterfalls by reference to their functional representations. The contract should be depicted by the same code that will decide the actual distribution, and that coded depiction should be the legally binding contract. By unifying the functional and legal realities of the structured finance products, dealmakers will avoid wasting resources on creating unnecessary and inaccurate legal depictions, and will also reduce the legal and financial risk created by the imprecision and inaccuracy of perception those poor depictions create.
This Article will proceed as follows: In Part II, this Article sets out to restate and expand Professor Henry Hu’s explanation of the intermediary depiction problem with what this Article terms the challenge of perception. Professor Hu observes that the difficulty with the current regulatory disclosure regime is one of imperfect depictions and could be fixed with pure information disclosure. By contrast, this Article contends that so long as there are multiple potentially legally determinative depictions, there will be financial, legal, and systemic risk. Because of that, no regime of additional disclosures can, by itself, reduce those risks; if anything, adding to the number of potentially legally binding disclosures increases risk. Therefore, in Part III, this Article proposes that in complex structured finance agreements’ waterfalls and other similar agreements between sophisticated parties, the functional code that creates the functional reality should, as described above, become the contract by reference in the legal deal document and thus should become the legally determinative reality. This would reduce the confusion that impedes perception of the future reality of the financial product’s cash flow distributions
The Effect of the Expectation of Monetary and Verbal Awards on Creativity: A Cross-Cultural Examination
No full textA total of 132 college students from the United States and China were recruited to examine the effects of monetary and verbal rewards on creativity and motivation. Based on past research, it was hypothesized that an economic incentive would negatively affect one\u27s intrinsic motivation, which subsequently would minimize creativity; however, a reputation-based incentive may not necessarily be detrimental to intrinsic motivation and creativity, especially among Chinese participants. This study also sought to examine which culture produced more creative work, with the hypothesis being that participants from an independent culture, such as the United States, would produce more creative work than those from an interdependent culture, such as China. The results partially supported these hypotheses. Economic incentive and reputation-based incentive were found to be both detrimental to one\u27s intrinsic motivation in both cultures, but not necessarily creativity. Contrary to the stated hypothesis, the products produced by participants from China were more creative and original than those of the American counterparts. Findings from this research will assist in future studies in exploring how to motivate individuals to be creative in different cultures
Foreword
Get PDFThe overlap between animal law and environmental law arises because the two disciplines are fundamentally linked. One cannot talk about the environment without also discussing the nonhuman sentient beings that populate it. Indeed, as I shall discuss shortly, one of the most vexing issues for me— as a scholar working in both fields—involves my ongoing attempt to address the historical tension between the two disciplines. This volume of the Pace Environmental Law Review (PELR) marks an important step on the path toward resolving those tensions and moving environmental law forward. That path will not always be smooth, nor will it be obstacle-free
One Giant Heap for Mankind: The Need for National Legislation or Agency Action to Regulate Private Sector Contributions to Orbital Debris
Get PDFThis article will explain the dynamics of the space environment, examine current space law and its shortcomings both internationally and nationally, and present reasoned resolutions to the issue at hand including the use of petitions for action by United States government agencies and the encouragement of legislative action. This article will also address certain positive and negative aspects of adopting debris-regulating law. Above all, the United States government and the American people should be made aware of the serious issues concerning the continued use of space by the private sector, and this article seeks to facilitate that conversation. Through this awareness, the United States can address the current legal deficiencies and provide an example of the focus that should be given to space debris law