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FSU Law Focus - 02/20/2023
From the Dean: FSU Law ranked second best quality of life and seventh best professors by Princeton Review; FSU BLSA Advances to National Competition; Alum Profile: Benjamin J. Gibson; Stduent Profile: 3L Alexis Gardnerhttps://ir.law.fsu.edu/fsu-law-focus/1312/thumbnail.jp
100 Years of International IP - Reflections on Past, Present and Future
We have been asked to reflect on the past 100 years of international intellectual property law and to try to project forward about what changes might be necessary or desirable in the future. Only a science fiction writer would purport to have some idea about what things might look like a hundred years in the future, including from the standpoint of international intellectual property, so my remarks on that will be somewhat more proximate to the present
Military Officers as Neo-Classical Professionals: Guardians of the Republic, Not Merely Servants of the Regime
This paper is the first step in developing a neo-classical theory of the military officer corps as a functionalist profession. It unpacks the central paradox of Samuel P. Huntington\u27s The Soldier and the State: Why does an account that begins with a call for a highly professionalized officer corps to obey the orders of any legally legitimate civilian regime end with the promise that humanity can achieve both security and redemption if all the nations of the world adopt core military values? How can militarize the military, Huntington\u27s solution to the classical question of civilian/military relations-Plato\u27s Who guards the guardians? ---come to mean militarize the civilian ? The answer is that military values, seen as a proper subset of functionalist professional values, come to the same as the values of classical republicanism: The fullest and widest possible development of all forms of human excellence or, in a more modern phrase, no child left behind
Climate Insecurity
Global climate change causes climatic events such as hurricanes, droughts, floods, and heat waves to occur more frequently and with greater severity. In addition to inflicting direct harm, climatic events disrupt the flow of commerce and natural resources, creating shortages of goods and services sometimes temporarily, sometimes not. Climate change is getting worse, so climatic events will escalate over time, and as events cumulate, there is the potential for multiple events to heap harm on top of harm, exponentially increasing misery and disruption. What looms is the prospect of shortages of basic life necessities.
A vast literature on food and water insecurity now documents droughts and crop failures creating dire shortages in lesser developed places in the world. But this atomistic literature largely treats destructive climatic events as singular, episodic tragedies, not a gathering storm that cripples the ability of whole countries to feed or care for themselves. This literature also fails to extrapolate: a worsening trajectory of climatic changes will cause insecurity to spill over into previously secure populations. In a climate-changed future, large parts of even wealthy countries will experience climate insecurity. Vulnerable populations have always had to face insecurity on many levels, and their hardship will be less bearable in the future and more often fatal. Now, however, previously secure populations will also face jeopardy.
In addition to reducing greenhouse gas emissions that cause climate change, efforts to adapt to an already-changing climate must redouble. This Article argues that adaptation efforts must ensure broad access to life necessities. Not only must some measures be undertaken to augment supply, but directly aiding vulnerable populations including those newly vulnerable in a climate-changed world will be most effective by framing adaptation within existing markets. This Article proposes market-oriented measures to alleviate climate insecurity. It is important to recognize that the effects of climate change are layered upon existing vulnerabilities and inequalities. Addressing these vulnerabilities and inequalities directly is the most effective way of adapting to climate change. These measures must be undertaken now because once prolonged shortages become endemic, it will be difficult to set right the markets and distribution networks that are so vital to ensuring supply
On Electric Vehicles and Environmental Policies for Innovation, A Book Review of The Global Rise of the Modern Plug-in Electric Vehicle: Public Policy, Innovation, and Strategy, by John Graham
Electric vehicles have been in existence for over a century. Impetus and progress towards commercialization have been uneven. For the most part, government policy on electric vehicle development has consisted of government funding and other support for research and development. The long, meandering path that has now resulted in the emergence of Tesla as an industry leader has been documented carefully in John Graham\u27s The Global Rise of the Modern Plug-in Electric Vehicle. Graham\u27s account is remarkably broad and thorough, leaving few stones unturned, and comprehensively detailing the history of electric vehicle policy in a number of countries, and often the interaction among those countries and policies.
Graham\u27s encyclopedic and authoritative treatment has eclipsed everything else written thus far about electric vehicles and their development. However, insofar as the book is meant to inform public policy for technological innovation, it is too narrow in scope. When it comes to innovation for improving environmental outcomes, the right question to ask is not whether government policy advances a particular technology, but whether it advances a particular environmental objective. Graham takes as exogenous the objective of electric vehicle development, and refrains from asking the normative question of its appropriateness for environmental quality. The answers suggested by this book thus lack an appropriate question: towards what goal is the sought-after technology meant to advance? If advancing electric vehicle technology is predicated on the desirability of reducing emissions of greenhouse gases and other air pollutants, then the policy objective should be couched in those broader terms, rather than the specific technology itself.
Restating the stated objective in terms of the end goal is normatively desirable for two reasons. First, the resulting technologies would be more closely tailored to the end goal. If reducing emissions is the goal, then the technologies would more effectively reduce emissions. Second, opening up the means of technological advance would increase the likelihood of innovation. If the lens is broadened to encompass all technologies and methods of reducing emissions from transportation, then the scope for innovation becomes much broader, and the possibilities exponentially greater. For example, innovation might take the form of reducing the need for transportation or changing the means of transportation. The nature of innovation is such that it is unpredictable, but also surprisingly fruitful when the objective is couched broadly and flexibly
The Remote Nature of International Trade Transactions
During the spring of 2020 through the spring of 2021 of the COVID-19 pandemic, most of the courses at the Florida State University College of Law were moved to Zoom in order to be taught remotely. This transition was painful and inadequate for many of the traditional-style law school courses. However, FSU\u27s International Trade Transactions course, which has operated around a digitized transactional world for twenty years, smoothly transitioned to remote learning. As the teacher of this course, I would like to explore what students learn in that transactional world, and also how that learning helps the students after law school as they build careers during a pandemic.
Even before the pandemic, international business transactions were conducted largely remotely. This was especially true of smaller businesses. One-time commodity import and export transactions are, on the whole, negotiated and the contract drafted and fulfilled by means of emailed communications and express-mailed documents. The participants never meet, or at least, never have to meet in order to initiate and complete the transaction.
Our computer-based platform allows participants from three countries to remotely engage in single commodity import and export transactions with each other. This closely replicates the remote nature of international transactions in real life. The platform allows our students to learn the communication skills and organizational skills they need to function in the largely remote real world of international trade
Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT): The Pursuit of Negotiations and China\u27s Pursuit of Arms
FSU Law Focus - 09/09/2022
From the Dean: 2022 Homecoming festivities; Faculty Profile: Rima Nathan (\u2719); Alum Profile Fred E. Karlinsky (\u2792); Heather L. Stearns (\u2702); Student Profile: 3L Lauren Reedhttps://ir.law.fsu.edu/fsu-law-focus/1103/thumbnail.jp
FSU Law Focus - 07/15/2022
From the Dean: Graduates preparing for bar exams; Faculty Profile: Mason Marks; Alum Profile: Katherine W. Katz (\u2719); Celebrating 2022 Grad Jasmin Farlinhttps://ir.law.fsu.edu/fsu-law-focus/1187/thumbnail.jp
FSU Law Focus - 01/28/2022
From the Dean: Establishment of Talbot Sandy D\u27Alemberte Distinguished Endowed Chair; BLSA Presents Panel on Immigration & COVID-19; Alum Profile: George S. Reynolds, IV (J.D. \u2708) (LL.M. \u2714); Student Profile: 3L Dylan Levensonhttps://ir.law.fsu.edu/fsu-law-focus/1297/thumbnail.jp