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Improving Climate Change Mitigation Analysis: A Framework for Examining Feasibility
Get PDFLimiting global warming to 2`C or less compared with pre-industrial temperatures will require unprecedented rates of decarbonization globally. The scale and scope of transformational change required across sectors and actors in society raises critical questions of feasibility. Much of the literature on mitigation pathways addresses technological and economic aspects of feasibility, but overlooks the behavioral, cultural, and social factors that affect theoretical and practical mitigation pathways. We present a tripartite framework that ‘‘unpacks’’ the concept of mitigation pathways by distinguishing three factors that together determine actual mitigation: technical potential, initiative feasibility, and behavioral plasticity. The framework aims to integrate and streamline heterogeneous disciplinary research traditions toward a more comprehensive and transparent approach that will facilitate learning across disciplines and enable mitigation pathways to more fully reflect available knowledge. We offer three suggestions for integrating the tripartite framework into current research on climate change mitigation
The Impact of Cannabis Access Laws on Opioid Prescribing
Get PDFWhile recent research has shown that cannabis access laws can reduce the use of prescription opioids, the effect of these laws on opioid use is not well understood for all dimensions of use and for the general United States population. Analyzing a dataset of over 1.5 billion individual opioid prescriptions between 2011 and 2018, which were aggregated to the individual provider-year level, we find that recreational and medical cannabis access laws reduce the number of morphine milligram equivalents prescribed each year by 11.8 and 4.2 percent, respectively. These laws also reduce the total days’ supply of opioids prescribed, the total number of patients receiving opioids, and the probability a provider prescribes any opioids net of any offsetting effects. Additionally, we find consistent evidence that cannabis access laws have different effects across types of providers, physician specialties, and payers
Chancery Court Declines to Apply Corwin at Pleading Stage to Cleanse Breach of Fiduciary Duty Claim due to Material Non-Disclosures
Get PDFNorcraft Appraisal: Chancery Court Gives No Weight to Deal Price Negotiated in a Conflicted CEO-Led Transaction with a Flawed Sales Process
Get PDFNegotiating against Yourself: Flawed Negotiating Process Leads Chancery Court to Deny M&F-Premised Motion to Dismiss
Get PDFPrivative Copyright
Get PDF“Privative” copyright claims are infringement actions brought by authors for the unauthorized public dissemination of works that are private, unpublished, and revelatory of the author’s personal identity. Driven by considerations of authorial autonomy, dignity, and personality rather than monetary value, these claims are almost as old as Anglo-American copyright law itself. Yet modern thinking has attempted to undermine their place within copyright law and sought to move them into the domain of privacy law. This Article challenges the dominant view and argues that privative copyright claims form a legitimate part of the copyright landscape. It shows how privative copyright claims derive from considerations that are genuinely authorial and seek to redress a form of harm that is unique to the nature of the work involved— a harm best described as “disseminative.” Tracing the historic evolution of privative copyright claims in Anglo-American copyright law, it develops a theoretical basis for understanding the workings of these claims and offers a framework for courts to deploy in adjudicating them, which addresses the concerns about free speech and censorship that have contributed to the ignominy that privative copyright claims continue to encounter in modern copyright jurisprudence
Money, Private Law, and Macroeconomic Disasters
Get PDFLast year, Ben Bernanke published a blockbuster paper whose importance to the emerging field of law and macroeconomics would be hard to overstate. Titled The Real Effects of Disrupted Credit: Evidence from the Global Financial Crisis,\u27 the paper gets to a vital threshold question for financial stability policy: through what channel or channels do financial crises crush the real economy? Bernanke pits what he calls the household leverage narrative of the Great Recession of 2007 to 2009 against what he calls the financial fragility narrative. His empirical analysis comes down firmly on the side of the latter narrative. In this Article, I use Bernanke\u27s blockbuster as a springboard to make several points that are germane to law and macroeconomics as a field of study. First, understanding acute macroeconomic disasters should be central to this field. It has been said that the Great Depression gave birth to macroeconomics. Law and macroeconomics is likewise the product of a macroeconomic catastrophe: the Great Recession. Sharp contractions in output and employment are a source of incalculable human costs and are politically destabilizing.\u27 Better understanding their causes and cures remains as urgent as ever
Artificial States and the Remapping of the Middle East
Get PDFThis Article critically examines arguments tracing contemporary crises in the Arab world to the making of the Arab state system a century ago. A series of popular and scholarly articles occasioned by the recent spate of World War I-related centenaries suggest that new boundaries be drawn in the Middle East to produce more stable nation-states. More specifically, a set of authors has advocated for different borders that would avoid ethno-sectarian conflict by designing relatively homogenous smaller states to replace multiethnic, multisectarian states like Iraq and Syria. Such proposals are significant for the underlying presumptions they reflect concerning the relationship between stability and diversity in the Middle East. This Article first offers a historical corrective to the purported artificiality of the current boundaries defining the states in the region. Second, the Article calls into question the legal and political grounds for arguing that more homogenous states would be more stable or better reflect the preferences of the underlying population. The Article concludes by suggesting alternative reforms that might serve the goals of conflict resolution in the Middle East
The Law and Practice of Shareholder Inspection Rights: A Comparative Analysis of China and the United States
Get PDFShareholder inspection rights allow a shareholder to access the relevant documents of the company in which they hold an interest, so as to address the problem of information asymmetry and reduce the agency costs inherent in the corporate structure. While Chinese corporate governance and American corporate governance face different sets of agency cost problems, this Article shows that shareholder inspection rights play an important role in both China and the United States. On the books, while shareholder inspection rights in both countries are broadly similar, there are some important differences on issues such as the proper purpose requirement. The empirical analysis of this Article further sheds light on how inspection rights operate on the ground. A good number of inspection cases are filed in both China and in Delaware. These cases are resolved by the courts relatively quickly. While inspection rights in both countries are frequently used as a presuit discovery device, the types of subsequent litigation that can be filed in each country are quite different. Efforts are made to explain, and draw implications from, the similarities and differences on shareholder inspection rights between the two countries
China\u27s Belt and Road Initiative is Reshaping Human Rights Norms
Get PDFSince its birth in 2015, the Belt and Road Initiative has garnered significant attention for its benefits and its detriments. Much of the current scholarship in this area is focused on particular pieces of the Belt and Road Initiative, with few in legal scholarship considering the impact of the relationship between China\u27s growing soft power and its effect on international law and international institutions. Every state has the right to pursue power and influence, but this Note specifically examines how China\u27s methods of obtaining this power and influence--specifically through the Belt and Road Initiative and related actions within United Nations\u27 organs--are detrimental to human rights. This Note offers a novel analysis of resolutions passed in the UN Human Rights Council and the UN Security Council to shed light on emerging soft law foundations that could justify future extreme acts, before examining steps that states should take to address China\u27s actions