56 research outputs found
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On a Common Road Towards Sustainable Biofuels? EU and U.S. Approaches to Regulating Biofuels
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Uniform Adoption Laws: A Public Health Perspective
Get PDFAdoption has long been seen as the "perfect solution" for numerous parties. Traditionally viewed, adoption is no more than a social service procedure; however, viewed more broadly, adoption provides a solution to the public health concerns of unplanned pregnancies and foster care populations. In the United States, the power to establish and administer the legal and procedural systems applicable to the adoption process is granted to the individual states, due to their responsibility to regulate the welfare of children. Therefore, like other areas of family law, adoption is a state-created statute. Conflicts between states are not uncommon because of the discrepancies in adoption laws amongst the states. These discrepancies between different state adoption laws lead to confusion, forum shopping, and most importantly, negative attitudes and reactions toward adoption. Ultimately, these discrepancies hurt the only innocent party involved: children in need of a family. As a solution to multiple public health concerns, adoption laws would benefit from a uniform adoption act. This Note will examine the extensive issues resulting from the discrepancies between state adoption laws and address how a uniform adoption act could significantly promote adoption as a viable solution to two public health concerns: the increasing number of unplanned pregnancies and the significant number of children in foster care awaiting permanent placements. Section I explores public health concerns that would benefit from a uniform adoption act. Section II discusses adoption laws as state responsibilities and addresses the major consequences of having different state adoption laws. Section III details past efforts to overcome the differences in state adoption laws, including the Uniform Adoption Act of 1994. Finally, Section IV analyzes the need for some form of uniform adoption laws if adoption is to remain a viable solution to public health concerns, namely the increasing number of unplanned pregnancies and significant number of children in the foster care system awaiting adoption
Climate Change and the Ageing Population: Enforcing the Rights to Life and Health Under Human Rights, Health and Climate Change Regimes
Get PDFThis article explores potential methods of protecting the ageing population from the consequences of climate change. It discusses the enforcement of the "right to life" (the right to live a life free from environmental degradation) and/or health relating to the environment in protection of the ageing population. Many countries have codified the right to life and/or health in their constitutions. In order to enjoy this right, it is essential that a clean and healthy environment be secured.Thus, this article assesses the consideration of climate change by international human rights and health regimes. It also examines whether climate obligations such as emissions reduction, climate impact assessment, mitigation and adaptation can be enforced through these regimes. The article suggests that expanding the purview of new international climate policies that address the public health of the ageing population will fill the absence of health policies under the climate regime. Finally, after proposing that climate litigation through human rights enforcement may reshape global responses to adverse effects of climate change on the ageing population, the article suggests additional ways to achieve such feats
Energy Policy Act of 2005: Pseudo-Fed for Transmission Congestion
Get PDFIncreasing federal involvement in the wholesale electricity market, and the ever-important emphasis on renewable energy resources, exposed the inadequacies of the existing transmission infrastructure. The Energy Policy Act of 2005 (EPAct 2005) attempted to address the transmission problems butfailed to adequately consolidate federal power over transmission siting. The resulting atmosphere presents an unsustainable dichotomy in which federal involvement encourages generation dependent upon transmission access, while state control over transmission siting impedes the necessary investment and capital improvement. Despite the efforts of EPAct 2005, a coherent and effective national energy policy remains unobtainable without the ability to incentivize generation and guarantee access to transmission by facilitating its development across state lines.This note proceeds in two sections. First, the background section provides a brief history of federally mandated deregulation in the wholesale electricity market. A brief summary of EPAct 2005 then explains Congress\u27s attempt to encourage transmission investment by allowing limited federal jurisdiction over the siting process. Second, the note analyzes the current pressures exerted on the transmission grid by renewable energy and inadequate state siting processes. The analysis then addresses the judicial interpretations of EPAct 2005 and how the United States Courts of Appeals delayed federal jurisdiction over transmission siting for the foreseeable future
PRIVATIZING PEACE: How Private Sector Investment Can Address the West Bank Water Crisis and Wash Away Oslo II
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Reservations Please! Could Energy Development on Native American Land Be America’s Most Valuable Resource?
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Muddying the Waters: The Downstream Implications of Wal-Mart v. Dukes for Medical Monitoring Class Actions in Missouri
Get PDFIn 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court heightened scrutiny of class certification under Federal Rule of Civil Procedure (FRCP) 23(a)(2)\u27s commonality requirement and imposed a strict injunctive standard for relief sought under FRCP Rule 23(b)(2). In 2007, the Missouri Supreme Court followed several other states in acknowledging that claimants tortiously exposed to toxins may seek medical monitoring for latent disease in a class action. Although state courts are not bound by federal procedural rules, class actions increasingly invoke federal jurisdiction, and this Article attempts to analyze the likely implications of Dukes for toxic exposure class actions. Further, using Missouri as a benchmark, this Article provides suggestions for bolstering the chances of recovery for toxic exposure claimants facing removal to federal courts
