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Unheralded and Transformative: The Test for Major Questions After West Virginia

notably, many argued that the doctrine applies any time an agency’s action raises a question of economic and political significance, with litigants offering myriad, indeterminate factors of significance ... political attention. But the majority chose not to adopt a multifactor test. It instead applied a two-prong framework that appears designed to reduce, albeit not eliminate, difficult line-drawing questions

The Politics of the Criminal Enforcement of the U.S. Clean Air Act

Criminal prosecution has always existed in a political context. Democratic and Republican presidents have treated environmental regulation very differently over time and this may have a profound ... or culpable conduct, they may be remedied through criminal prosecution. Republican and Democratic presidents offer significantly varied levels of political support for enforcing the U.S. Clean Air Act

COVID, Climate Change, and Transformative Social Justice: A Critical Legal Research Exploration

deployed within such modes as radical cause lawyering can help engender genuine systemic “re-formations” of the ecological political economy beyond mere law “reform.” Next, this Article applies the CLR ... currently are beset by profound crises encompassing epidemiological, social, political, economic, and environmental dimensions. Contemporary, incremental approaches to law and social change are wholly

Implementing the work-life balance directive in times of COVID-19: new prospects for post-pandemic workplaces in the European Union?

The COVID-19 pandemic has affected workers’, especially women’s, ability to combine their paid work and care obligations in an unprecedented way. However, it has also raised the political relevance ... also raised the political relevance of the work-life balance issue. The moment is timely as the Work-life Balance Directive adopted by the European Union (EU) in 2019 comes to its implementation deadline

Editorial: a short history of the climate change litigation boom across Europe

political agenda and the EU aspires to have a leading role in the efforts to deal with global warming. Along with EU climate action, the number of climate-related court cases on the European landscape, both ... relating to climate litigation. Climate change; Climate litigation; Human rights; National courts 1 Introduction Climate crisis has emerged as an increasingly salient issue on the global political agenda

The Promise and Perils of Textualism for Environmental Advocacy

Bankrupt Judicial Philosophy to Have Any Chance of Winning at the Supreme Court, SLATE (Oct. 18, 2018, 9:30 AM), https:// slate.com/news-and-politics/2018/10/originalism-textualism-supreme-court-liberal ... political landscape, spilling out of academic contexts into mainstream discourse? The reason for textualism’s “moment” is twofold. On the one hand, textualism is a theory that has been strongly advanced by

Participation by national parliaments in the EU legislative process

parliaments are peripheral within the EU Polity, and that EU legislation lacks legitimacy amongst its citizens. Protocols 1 and 2 of the Treaty of Lisbon promote a horizontal political dialogue between national ... other ‘softer’ ways with national parliaments taking greater control of their political responsibilities. By changing their modus operandi for both policy and legislative scrutiny, partly in response to

Digitalisation before and after the Covid-19 crisis

annual general meetings being better implemented (in Italy), of legislation being amended with temporary rules (in Germany) and of political momentum being used to bring about fundamental changes (in

Why the Congressional Review Act Should be Repealed

The Congressional Review Act (“CRA”) is a procedure that allows the political branches to quickly repeal certain regulations promulgated by administrative agencies without going through the arduous ... , Political Science, Magna Cum Laude, The George Washington University. 1 5 U.S.C. §§ 801–08. 2 CONG. RSCH. SERV., R43992, THE CONGRESSIONAL REVIEW ACT (CRA): FREQUENTLY ASKED QUESTIONS 6 (2020). 3 Rachel

The European Parliament and inclusion of persons living with disabilities

November 2022, there were 7.111 staff members employed in the Secretariat, 1.110 in political groups and 2.059 as accredited parliamentary assistants. 2Regulation No 31 (EEC), 11 (EAEC), laying down the ... established by its Bureau, as they have the utmost relevance to the work of the Secretariat and refer specifically to the internal life of the institution. The Bureau is Parliament’s highest political body

Alternative Solutions for Government Intervention in Climate Crisis Markets: Price Gouging and the Pandemic Egg Market Case Study

price ceilings these laws create. Traditional economic critiques, however, have largely ignored the broader ethical, political, and moral concerns of politicians and voters that keep restrictions on price ... which were direct results of or exacerbated by climate change.5 * JD Candidate, William & Mary Law School, 2022; BA Dramatic Art, BA Political Science, University of North Carolina at Chapel Hill, 2016

Punishment by Process: The Development of Anti-SLAPP legislation in the European Union

discussion of political issues.27 In recognition of their public watchdog role, this heightened level of protection has been extended to human rights defenders,28 academics,29 NGOs, and whistle-blowers.30

Recent case law on equal treatment of agency workers: broad interpretation of a limited concept?

more flexible. The legislative history55 shows that these exceptions were necessary in order to reach political consensus on the adoption of the Directive. For that reason, the exceptions can be seen as ... Agency Labour: Back to Square One?” Industrial Law Journal (2002/2); Zappala, “The Temporary Agency Workers’ Directive: An Impossible Political Agreement?” Industrial Law Journal (2003/4). 56Davies, op

Beliefs, Information, and Institutions: Public Perception of Climate Change Information Provided by Government Versus the Market

Gilligan, Kaitlin Toner Raimi, Robert Urbatsch, Michael Vandenbergh, Yu Wang, Tess Wilkinson-Ryan, and Abby Wood. We are also thankful to participants at the Midwest Political Science Association Conference ... the context of climate change using an experimental survey method and empirical analysis.1 Climate change presents one of the most pressing policy problems facing the global political community.2 Yet

Political Accountability and the Rule of Law

The author highlights the relevance of comparative law in the specific context of political accountability and the rule of law. He first presents different national features to deal with, or prevent ... , political scandals - free access to information, criminal prosecution, the use of ad-hoc tribunals, and a powerful constitutional court. He goes on to compare the notions of rule of law and Rechtsstaat in the

Could a More Limited Environmental Goods Agreement Resolve Continued Issues in Cities Compliance?

only limited political commitment to new ventures at present.14 Instead, a global natural resources law should be developed using existing institutions.15 Because natural resources exist in relation to ... This implicates various ecological, economic, and political considerations; the following cases are representative of the dynamics of some of the most widely or notoriously traded endangered species. 1

VAT and electronic commerce: the new rules as a means for simplification, combatting fraud and creating a more level playing field?

Removing obstacles to e-commerce in the Single Market and ensuring effective taxation in the context of the digital economy has been high on the political agenda both in the European Union and beyond

Strategic autonomy as a means to counter protectionism

comments. days, the term is best understood as what has been termed an ‘essentially contested concept’ in the philosophy of language;2 an attractive term that is frequently and enthusiastically used, but one ... without a common understanding of its precise meaning. Nevertheless, the embrace of ‘strategic autonomy’ in the wider political discourse does signify a sincere recognition of certain key vulnerabilities

EU environmental law in face of 2022 challenges: a Prufrock-like confession during times when one should dare?

their political and economic impact in international affairs. For the most part, the EU is perceived as being at the cutting edge of environmental pledges, supporting environmental protection in its

The Nuclear Security Science and Policy Institute at Texas A&M University

Nonproliferation and 16 were Doctorate of Philosophy degrees with a specific focus on nuclear nonproliferation. Over 200 students from both technical and policy backgrounds have taken classes provided by NSSPI at ... specialization in Nuclear Nonproliferation and 16 are Doctorate of Philosophy degrees that specifically focus on nuclear nonproliferation. Over 200 students from both technical and policy backgrounds have taken