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The Green New Deal : Constitutional Limitations; Rerouting Green Technology
Get PDFThis article reaches beyond the pro/con policy debate now surrounding the Green New Deal, to address prospectively the fundamental legal issue of whether, and how, the Green New Deal will be viewed by the courts when it is enacted and challenged. President Biden has pledged to have 100% sustainable electric power in the U.S. by 2035. The Green New Deal, sponsored by Representative Alexandria Ocasio-Cortez and Senator Edward Markey and co-sponsored or backed by a majority of the Democratic candidates for the 2020 presidency, combines “Green” elements with “New Deal” provisions./= / \u3e/= / \u3eDo two sweeping legal policies in the Green New Deal achieve the sum of their parts? This article analyzes why this is not necessarily so, when legislation crosses what the Supreme Court has characterized as a jurisdictional “bright line” created by the Constitution’s Supremacy Clause. This article analyzes in detail both federal and state legal “trip wires” that could confront implementation of the Green New Deal --/= / \u3e/= / \u3eAt the federal level:/= / \u3e/= / \u3e· Binding Federal Energy Regulatory Commission orders mandate lowest competitive cost choices notwithstanding any other federal “Green New Deal” green policy preferences/= / \u3e/= / \u3e· Three recent decisions of the Supreme Court limit traditional Chevron deference for any EPA regulations that address electric sector emissions affecting climate change/= / \u3e/= / \u3e· Federal tax incentives for renewable energy are scheduled to phase-out or –down/= / \u3e/= / \u3eAt the state level:/= / \u3e/= / \u3e· Another recent Supreme Court decision outlaws state regulations that attempt to attract certain types of power generation to their states within what is an interstate power market/= / \u3e/= / \u3e· Renewable Energy resources are not commensurately distributed among the states, with as much as a 4:1 state-by-state differential on available solar and other ‘green’ power/= / \u3e/= / \u3e· State energy regulatory precedent in many of the states already prohibits certain changes to electric rates not reflecting the cost of service/= / \u3e/= / \u3eThis article addresses and analyzes these various Constitutional legal ‘trip wires’ that will confront a final version of the Green New Deal. This article concludes with a separate section identifying potential legal triage to apply to what could survive in a challenged Green New Deal: Amid dueling federal and state authority, this article identifies and analyzes a “back door” for ‘green’ power as one legally sustainable opening for certain Green New Deal elements
Under Pressure: How Incorporating Time-Pressured Performance Tests Prepares Students for the Bar Exam and Practice
Get PDF“Houston, we have a problem.” In 1970, an explosion on board the Apollo 13 spacecraft’s flight to the moon damaged the air filtration system, causing carbon monoxide to build up in the cabin. The astronauts on board would be dead in mere hours if the system could not be fixed or replaced. NASA’s Mission Control in Houston, Texas called for engineers, scientists, and technicians to work with a set of materials identical to those on the spacecraft to build a filtration system under extreme time pressure. The result may have been ugly, inelegant, and far from perfect, but it saved the astronauts’ life. The Apollo 13 situation may be a dramatic example of problem solving, creativity, and completing a task under extreme time pressure with life or death consequences; however, lawyers also work in stressful environments, under time pressure, while juggling multiple tasks involving life, liberty, or millions of dollars. How do recent law school graduates perform when facing a time-sensitive task when the stakes are high, when they are accustomed from law school of having several weeks or more, with feedback along the way, to complete that type of assignment? To prepare students for the bar exam and teach them the fundamental lawyering skills needed for legal practice, legal education should incorporate, into the law school curriculum, performance tests consisting of time-pressured assessments. While time-pressured performance assessments may push students out of their comfort zone, they are realistic to legal practice and necessary to help students develop the competencies needed for success on the bar exam and high-stakes legal practice, such as rapid cognitive processing, application, synthesis, and effective articulation. This Article offers such an initiative to help law students, law schools, and the legal profession. At a time of declining bar passage rates, the adoption of the Uniform Bar Exam, a majority of jurisdictions incorporating a Multistate Performance Test component, a competitive legal job market, and an expectation of practice-ready law graduates, the time is urgent to adequately prepare law students
What You Don\u27t Know (Can Hurt You): Using Exam Wrappers to Foster Self-Assessment Skills in Law Students
Get PDF“Where did I go wrong?” When we fail it’s tempting to forget it and move on. However, reflecting on poor performance and figuring out how to proceed is critical to being a successful student and lawyer. Unfortunately, when students receive a disappointing grade they often lack the ability to understand what went wrong and how to change. Creating self-regulated learners who can identify what they don\u27t know and make a plan to improve is key to helping students succeed. In order to do so – and in order to produce ethical, productive lawyers – law schools should place a greater emphasis on fostering the skill of self-assessment among students. I propose exam wrappers as an effective and adaptable tool to strengthen law students’ self-assessment skills. The exam wrapper is a one page post-exam exercise currently utilized in a wide variety of disciplines including physics, chemistry, and second language acquisition; it has not yet been studied in law schools. Wrappers improve students’ study and exam taking techniques, while ingraining life-long self-assessment practices. In addition, when used properly, they constitute a formative assessment as required by American Bar Association (ABA) guidelines and best practices in legal education, without demanding an excessive amount of work on the part of professors. In this Article I (1) briefly review metacognition and self-regulated learning; (2) argue for the importance of self-assessment as crucial a skill for law students and lawyers alike; (3) review recent scholarship on exam wrappers across higher education; and (4) offer a proposal for the development and implementation of exam wrappers in legal education. “What You Don’t Know” provides readers with foundational knowledge around the importance of self-assessment in legal education, as well as concrete templates and guidance for using exam wrappers in the law school classroom. Given a widespread weakness in accurate self-assessment, the desire to produce self-regulated learners, and a consensus about the need for more formative assessment of law students, there is a persuasive argument for combining these needs through student-involved assessment activities. Exam wrappers are a valuable tool in the effort to standardize and strengthen law school post-exam reflection
Honors Senior Capstone Portfolio
Get PDFHonors Senior Capstone Portfolio submitted in partial fulfillment of the requirements for Psych H428 Seminar Capstone Course in Psychology
The Torch: Suffolk University College of Arts & Sciences Honors Program Newsletter, no. 8, Winter 2020
Get PDFhttps://dc.suffolk.edu/torch/1001/thumbnail.jp
U.S.-China Competition in the post-Covid-19 World: Globalization at a Cross-roads
Get PDFStrategic competition between the United States and China had been deteriorating much earlier than the Covid-19 outbreak in 2020.1 However, in the past, despite intense political rivalry and geostrategic competition, policy communities and societies in the two countries have maintained active and robust engagement and dialogues. Much of the dialogues focused on complaints against each other’s behavior and intentions. Nonetheless, such dialogues kept information and concerns flowing between the rival powers. Concerned third-party actors often play stabilizing roles by communicating potential fragilities between Washington and Beijing. In short, pre-Covid-19, strategic rivalry between China and the U.S. was intense, but it was moderated by policy actors and societal openness. Covid-19 has severely challenged the geopolitical environment surrounding China and the United States. Both countries experienced the worst public health and economic crisis in a long time. However, termination in international travels and policy exchanges between China and the U.S. have further intensified the bilateral rivalry and made global cooperation hopelessly difficult to attain, at a time when such cooperation was most needed. In the United States, moderate groups whose work depends on bilateral travel and exchange have been marginalized, and common narratives on China are taken over by more extreme views. On the one extreme, the views emphasize China’s triumphalism — seeking to lead globalization toward Chinese interest and values. On the other extreme, the views stress China’s potential implosion — the Communist rule on the verge of internal explosion due to social-economic challenges from the pandemic. In the context of extreme views, real voices and the actions of China’s policy communities during its Covid-19 cycle have been understudied and discounted, with damaging effects on the U.S. response to the virus, to economic recession, and, ultimately, to future trends in globalization.https://dc.suffolk.edu/rifellows/1001/thumbnail.jp
Congressman John Joseph Moakley Papers (MS 100), 1926-2001: A Finding Aid
Get PDFThe Congressman John Joseph Moakley Papers, 1926- 2001, consists of 521 boxes of materials accumulated during the congressman\u27s life and work. The collection documents his early life, his World War II service, his service in the Massachusetts House of Representatives and Senate and the U.S. Congress. The archive includes records from Moakley\u27s early life that document his service in WWII, his career in Massachusetts politics and his family life. Scrapbooks, correspondence, photographs and other family records offer glimpses into his life during and shortly after World War II. Press clippings, committee files and campaign materials document his service in the Massachusetts House of Representatives, Massachusetts State Senate and Boston City Council. The bulk of the collection, however, contains the records created by Moakley and his staff in the course of his duties as a member of the U.S. House of Representatives from 1973 until 2001. Of special interest are documents related to Moakley\u27s legislative and policy campaigns centered on human rights, the Moakley Commission, fire-safe cigarettes, and his promotion of district projects such as the Boston Harbor Islands, the Big Dig, and preservation of historic sites. The types of materials include legislative files; reports of the congressman\u27s legislative initiatives and voting records; constituent service records; district project files; public relations materials; policy files; campaign records; photographs; memorabilia and audiovisual materials. Of special interest are documents related to Moakley\u27s legislative and policy campaigns centered on international human rights, the Speaker\u27s Task Force on El Salvador, fire-safe cigarettes; and his promotion of district projects such as the Boston Harbor Islands, the Big Dig and preservation of historic sites
Rehabilitation Support Recreation Center
No full textA community focused foundation with regard to multiple forms of rehabilitation can help create and maintain stable results of the recovery process. Establishing a community center focused on those going through, aiding in, or have been through rehabilitation will help provide lasting results