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Suffolk Journal, vol.83, no. 1, Orientation Issue, 2019
Get PDFhttps://dc.suffolk.edu/journal/1689/thumbnail.jp
Address of US Representative Joseph P. Kennedy III delivered at the 2019 Suffolk University Law School commencement
Get PDFhttps://dc.suffolk.edu/comm/1219/thumbnail.jp
Address of Gene Lee, President and CEO Darden Restaurants, Inc., delivered at the 2019 Suffolk University Business School commencement
Get PDFhttps://dc.suffolk.edu/comm/1220/thumbnail.jp
Anthropocenic Disruption in World Energy: Response of International Law
Get PDFThe earth is at a “tipping point” for climate change, according to the world’s scientific community. Building on the basic structure of the Kyoto Protocol, reaffirmed at the December 2015 Paris Conference of the Parties, it remains unresolved how the framework of international law for both reducing carbon dioxide (CO2) emissions and addressing climate change will be implemented across 200 nations.
Approximately 40% of all CO2 emissions are attributable to the electric power sector. Currently, there is no international requirement that developed economies make any shift to zero-carbon or low-carbon renewable power, and the Kyoto Protocol’s Clean Development Mechanism (CDM) program has accomplished only modest renewable energy investment, to date, accounting for less than one-third of verified CDM credits.
In order to have the world population “buy in” to the new lowcarbon metric, unprecedented vigorous deployment of renewable energy generation alternatives will be required to contain runaway climate change. Even if all developed countries could achieve a dramatic reduction of 80% of their CO2 emissions by 2050, without similar vigorous participation by developing countries, this would not achieve the Kyoto Protocol or 2015 Paris Agreement climate change goals to hold climate warming below two degrees Celsius.
Innovative program models are required to fill this void. There is now a proven model. This model is adaptable to, and has been successfully demonstrated in, Asian nations with different forms of government and reliance on different primary forms of fuel for generation of electric power, ranging from market economies to communist countries. This new model is the key to arresting irreversible Anthropocenic disruption of climate and reconfigure energy markets
Sustainable Development Arrested by U.S. Criminal Law
No full textIn the United States, it is a criminal felony offense for killing, even unintentionally, any one of more than 1000 species of protected birds. If a perpetrator company violates this law, officials of the company can be sent to jail for up to two years and be fined up to one-quarter million dollars per bird killed. Over the past decade, wind power has grown to be the most-installed energy source in the United States and will hold that top position going forward. Wind power in the United States now kills an estimated several hundred thousand of these birds that are protected by strict federal criminal statutes every year. As wind power’s small three percent share of the energy market multiplies rapidly in the next decades, and as the United States moves to renewable energy as the keystone of its mobilization against climate change and global warming, this bird mortality number likely will increase commensurately.This Article examines several emerging legal conflicts between mitigation of global warming and criminal prosecution of sustainable energy development through three federal species protection statutes and an international treaty. Wind turbines indisputably are one of the premier technologies providing the world a chance to mitigate global climate change before there are irreversible, dire effects on the world environment, which could include bird mortality. This Article contrasts the significant change in executive branch policies between the Obama and Trump administrations, now increasing the number of felony statute bird disputes under U.S. law. Despite the significant number of bird mortalities linked to operating wind turbines, as of this publication, there is no court decision ever construing prosecution of, or criminal penalties applied to, any wind turbine operation that kills protected bird species. Some U.S. Senators have accused the executive branch of a lack of equal enforcement of the laws. Sustainable energy law now confronts criminal law in a case of legal first impression. T his Article analyzes, in detail, analogous court decisions applied to other technologies creating an uneven legal foundation on which wind turbines are built. This Article analyzes conflicting case law regarding the mens rea requirement for criminal felonies in the deployment of sustainable energy development, original congressional intent construed in the courts, and recent court decisions restricting executive branch discretion in such environmental matters. It concludes by comparing the relative risk of different technologies to our environment, in the context of the current climate change response imperative and the role of courts to resolve these conflicts now of first impression
A Legal Jurisdictional Train-Wreck
No full textThis article confronts Constitutional separation of power under U.S. law and what was called a “Jurisdictional Trainwreck” by a top Obama Administration official. This article analyzes several recent Supreme Court decisions constraining and restricting traditional court deference to executive branch regulation - including a recent Supreme Court de novo decision mandating a new quantitative cost consideration as a regulatory prerequisite, another Court decision limiting executive branch ‘tailoring’ of law, and another recent Court order which, for the first time in judicial history, enjoined an entire regulation before any lower court challenge to a particular part of the regulation was on appeal before the Supreme Court
2019 Suffolk University commencement program, College of Arts & Sciences and Sawyer Business School
Get PDFSuffolk University commencement programs detail the location, date, order of exercises, academic honors, speakers, administration, graduates, and other related information.https://dc.suffolk.edu/comm/1001/thumbnail.jp