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Beyond Unprecedented S3 Ep4: Inflation: Not Dead Yet
Over the past 24 months, inflation has soared in the United States, the United Kingdom, and elsewhere. Huw Pill, Chief Economist and Executive Director for Monetary Analysis and research for the Bank of England, discusses the factors driving high inflation and efforts to curb rising prices. (This episode was recorded on April 18, 2023.)https://scholarship.law.columbia.edu/beyond_unprecedented_3/1004/thumbnail.jp
Ocean Carbon Dioxide Removal for Climate Mitigation: The Legal Framework
Examining the existing legal framework for ocean carbon dioxide removal (CDR), this forward-thinking book highlights potential legal challenges and opportunities associated with using the ocean to remove and store carbon dioxide from the atmosphere. It describes five commonly discussed ocean CDR techniques, including rock-based ocean alkalinity enhancement (OAE), electrochemical OAE, ocean fertilization, artificial upwelling and downwelling, and seaweed cultivation, and explores the legal issues that different techniques could raise.
This timely book explores the laws governing ocean CDR research and deployment at the international level and domestically in seven countries across Asia, Europe, and North America. The analysis highlights the complexities and uncertainties associated with applying existing international and domestic law to ocean CDR, providing lawyers and policymakers with invaluable insights into areas where legal reforms are needed to facilitate in-ocean research and deployment.
This book is essential reading for lawyers, policymakers, and others interested in advancing innovative climate change solutions. It will also appeal to academic and private sector scientists who are conducting research into ocean CDR.https://scholarship.law.columbia.edu/books/1350/thumbnail.jp
Cold Peace: Avoiding the New Cold War
By 1990, the first Cold War was ending. The Berlin Wall had fallen and the Warsaw Pact was crumbling; following Russia’s lead, cries for democracy were being embraced by a young Chinese populace. The post-Cold War years were a time of immense hope and possibility. They heralded an opportunity for creative cooperation among nations, an end to ideological strife, perhaps even the beginning of a stable international order of liberal peace. But the days of optimism are over.
As renowned international relations expert Michael Doyle makes hauntingly clear, we now face the devastating specter of a new Cold War, this time orbiting the trilateral axes of Russia, the United States, and China, and exacerbated by new weapons of cyber warfare and more insidious forms of propaganda.Such a conflict at this phase in our global history would have catastrophic repercussions, Doyle argues, stymieing global collaboration efforts that are key to reversing climate change, preventing the next pandemic, and securing nuclear nonproliferation. The recent, devastating invasion of Ukraine is both an example and an augur of the costs that lay in wait. However, there is hope.
Putin is not Stalin, Xi is not Mao, and no autocrat is a modern Hitler. There is also an unprecedented level of shared global interest in prosperity and protecting the planet from environmental disaster. While it is unlikely that the United States, Russia, and China will ever establish a “warm peace,” there are significant, reasonable compromises between nations that can lead to a détente. While the future remains very much in doubt, the elegant set of accords and non-subversion pacts Doyle proposes in this book may very well save the world.https://scholarship.law.columbia.edu/books/1351/thumbnail.jp
Testimony to the Senate Judiciary Committee by the ERA Project at Columbia Law School and Constitutional Law Scholars on Joint Resolution S.J.Res. 4: Removing the Deadline for the Ratification of the Equal Rights Amendment
The Equal Rights Amendment Project at Columbia Law School (ERA Project) and the undersigned constitutional law scholars provide the following analysis of S.J.Res. 4, resolving to remove the time limit for the ratification of the Equal Rights Amendment (ERA) and declaring the ERA fully ratified
Connecticut Educator Insights on Building a More Effective, Diverse Educator Workforce
Teachers are the strongest school-based determinant of student success. Yet at the start of the 2022-23 school year, across the state of Connecticut, over 1,200 certified staff member positions were vacant. The educator shortage was particularly acute in upper-level math and science, special education, and bilingual education.
Despite growing demand for educators in those subject areas, the number of pre-service educators pursuing those endorsements has generally remained constant or decreased between 2015-2021, suggesting that absent meaningful change, shortages will persist.
Educators, administrators, and policymakers hypothesize that the state’s current educator preparation and certification process contributes to the state’s twin challenges of addressing its educator shortage and diversifying its educator workforce. This study explores that hypothesis, investigating the qualitative effects of the state’s current educator preparation and certification processes on aspiring and current educators and on education leaders seeking to deploy their staff to best meet student needs
Circularity in Mineral and Renewable Energy Value Chains: Overview of Technology, Policy, and Finance Aspects
The mineral-intensive global energy transition and the increasing material needs of a growing population will exacerbate mining’s footprint on the planet, under current linear economy conditions. Responsible primary production of minerals and metals needs to be combined with circular economy approaches. CCSI’s report, Circularity in Mineral and Renewable Energy Value Chains: Overview of Technology, Policy, and Finance Aspects, examines existing conditions as well as reforms needed to enable global circularity in the mineral value chains of solar photovoltaic (PV) panels and wind turbines, zeroing in on four key materials: aluminum, copper products, silicon, and steel. The project was supported by ICMM and the Enel Foundation
Statehood and Sea-Level Rise: Scenarios and Options
Sea-level rise may make some low-lying nations uninhabitable by the end of this century, if not before. If a country is under water, is it still a state? Does it still have a seat in the United Nations? What is the citizenship, if any, of its displaced people?
These questions take on increasing urgency as the world continues doing too little to avert catastrophic climate change. Many climate policy analyses agree the goal should be to keep global average temperatures within 1.5°C (2.7°F) above pre-industrial temperatures. That is the level that the small island states have demanded, as a matter of survival, at the annual United Nations climate conferences since the 15th Conference of the Parties in Copenhagen in 2009. However, the world appears to be on a path to between 2.6°C and 2.9°C by 2100. An increase of 2.5°C would likely lead to a rise of global mean sea level of fifty-eight centimeters — or about two feet — with an uncertainty range of between thirty-seven and ninety-three centimeters by 2100, with sea levels continuing to rise after that. In 2021, the Intergovernmental Panel on Climate Change warned that, under continued high greenhouse gas emissions levels, sea-level rise approaching two meters by 2100 and five meters by 2150 “cannot be ruled out due to deep uncertainty in ice-sheet processes.
Systematic Stewardship: It\u27s Up to the Shareholders – A Response to Profs. Kahan and Rock
As the author of an article entitled “Systematic Stewardship,” I read Professors Kahan and Rock’s article “Systematic Stewardship with Tradeoffs” (K&R) with considerable interest. I acknowledge the limits on deep asset manager engagement with sources of systematic risk in light of present institutional arrangements and the politics of the moment. Yet I think the most important move in the K&R analysis — the privileging of a “single firm focus” in corporate law instead of a “portfolio firm focus” — simply doesn’t account for the evolution that has already occurred in law and practice.
Long before the development of index funds, the ownership of public firms has been characterized by a division between diversified and undiversified owners. The interests of these shareholders are not uniform. One particularly important kind of undiversified owner is a controller. Courts have permitted significant accommodation to the interests of controllers. Although blatantly redistributive measures are not permitted, e.g., Hollinger International v. Black, the law commonly permits controllers to obtain various pecuniary and non-pecuniary benefits in a way that is inconsistent with the demands of single-firm-focus as K&R describe them. If directors can run the firm to accommodate the interests of one class of investors, the controllers, for their particular benefit, why would it not be permissible to accommodate the interests of another class of investors, the fully-diversified
Noneconomic Objectives, Global Value Chains and International Cooperation
Systemic conflicts increasingly affect the global value chains (GVCs) underpinning globalization by creating policy uncertainty and politicizing trade and investment decisions. Unilateral policies to attain competitiveness and noneconomic objectives (NEOs), including national security, create incentives for international cooperation to attenuate policy spillovers. Recent initiatives seeking to do so are organized around supply chain governance and need not be anchored in trade agreements. Whether such cooperation is feasible and can be designed to be effective in realizing NEOs is unclear. Plurilateral GVC-centered cooperation offers a potential path for states to pursue NEOs and reduce policy uncertainty for international business. Research offers little guidance to policymakers on the design of such cooperation. Akey open question is to determine whether explicit market access commitments are necessary to sustain cooperation. Creating mechanisms for the epistemic communities that are concerned with a specific NEO or policy area to interact with stakeholders and lead firms operating international production networks can help inform the design of cooperation to attain NEOs more efficiently
Antitrust Rulemaking: The FTC’s Delegation Deficit
The Federal Trade Commission’s (FTC’s) recent assertion of authority to engage in legislative rulemaking in antitrust matters can be addressed in terms of three frameworks: the major questions doctrine, the Chevron doctrine, and as a matter of ordinary statutory interpretation. The article argues that as a matter of ordinary statutory interpretation the FTC has no such authority. This can be seen by considering the structure and history of the Act and is confirmed by the 1975 Federal Trade Commission Improvements Act. Given that the result follows from ordinary statutory interpretation, it is unnecessary for courts to consider the other two frameworks