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Blowing Hot Air: An Analysis of State Involvement in Greenhouse Gas Litigation
This note explores empirically the motivations behind state involvement in the recent greenhouse gas litigation and finds that states are using the courts to promote political goals. States are somewhat responsive to the costs of climate change mitigation, but they are not responsive to various measures of climate change risks or of public opinion within the state respecting climate change mitigation. This result is dismaying, especially because some scholars have found that individuals' clim...
Falsely Shouting Fire in a Global Theater: Emerging Complexities of Transborder Expression
This article examines the First Amendment complexities associated with the dissemination of potentially harmful information in the global theater. These complexities include global dissemination of offensive expression, incitement to unlawful activities abroad, enemy-aiding expression that crosses territorial borders, and global free press concerns. The author argues that traditional First Amendment doctrines and principles ought generally to apply in the global theater. Reliance on marketpla...
The US targets and kills US citizens, but debate rages over the targeted killing program's legality. This note argues the US government can conduct extrajudicial targeted killings of US citizens legally by adhering to international law and domestic due process protections. Part I introduces targeted killing. Part II provides background information. Part III analyzes the issues at the heart of this note, identifying the additional protections afforded to American citizens and overlaying them o...
The 'Independent' Sector: Fee-for-Service Charity and the Limits of Autonomy
Although numerous scholars have attempted to explain and justify the benefits provided to charities, none has been completely successful. Their theories share, however, two required characteristics for charities. First, charities must be distinct from other types of entities in society, including governmental bodies, businesses, other types of nonprofit organizations, and informal entities such as families. Second, charities must provide some form of public benefit. Focusing on these common c...
The New Exit in Venture Capital
This Article examines a third exit option in venture capital to supplement IPOs and trade sales: secondary markets for the sale of individual ownership interests in start-ups and venture capital funds. While investors can readily buy shares in publicly traded companies, until recently they have been unable to own a piece of private start-ups like Facebook or Twitter without working there or investing in exclusive venture capital funds. Now that venture capital has become a $400 billion worldw...
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