Emory Law Journal

Volume 59Issue 1

Adapting Governance to Climate Change: Managing Uncertainty Through a Learning Infrastructure

Alejandro E. Camacho | 59 Emory L.J. 1 (2009)

Though legislatures and agencies are considering how to prevent further climate change, some adverse effects from a warming climate are already inevitable. Adapting to these effects is essential, but regulators and scholars have largely neglected this need. This Article evaluates the capacity of natural resource governance to cope with the effects of climate change and provides a framework for Congress to help it do so. First, it uses case studies to illustrate valuable lessons about the challenges of creating effective natural resource management. Second, the Article is anchored in the specific implications of climate change, considering the value of interagency information sharing and adaptive governance in addressing climate effects. Third, it engages the growing theoretical literature on adaptive management and federalism. Finally, it provides insight on how agencies can manage uncertainty that has far-reaching implications for other areas of administrative regulation.

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Worse Than Exemption

J. Clifton Fleming, Jr., Robert J. Peroni, Stephen E. Shay | 59 Emory L.J. 79 (2009)

Customary international law recognizes that every country has the right to impose both source-based taxation on income earned within its borders by foreign persons and residence-based taxation on the worldwide income of its own residents. Thus, so far as international law is concerned, the legitimacy of these taxing rights is fully accepted, and neither of these forms of taxation represents overreaching by governments. Nevertheless, unless ameliorative steps are taken, their full exercise may produce double taxation of international income. This is because, in the absence of mitigation, international income could be subject to source-based taxation in the country where it arises and to residence-based taxation in the country where the earner is a resident. The resulting tax burden would be a material impediment to international commerce.

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Wikitruth Through Wikiorder

David A. Hoffman, Salil K. Mehra | 59 Emory L.J. 151 (2009)

How does large-scale social production coordinate individual behavior to produce public goods? In 1968, Hardin denied that the creation of public goods absent markets or the State is possible. Benkler, Shirky, Zittrain, and Lessig recently countered that the necessary coordination might emerge though social norms. However, scholars have not fully explained how this coordination is to occur. Game theorists have modeled large-scale social production as a solution to the herder problem/multi-player Prisoner’s Dilemma. But we demonstrate that the “weeding in” function reflects dynamics more accurately captured in coordination games. In this way, dispute resolution can provide a constitutive function for the community.

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Pinpoint Redistricting and the Minimization of Partisan Gerrymandering

Alex J. Whitman | 59 Emory L.J. 211 (2009)

For over twenty years, the political gerrymandering claim under the Equal Protection Clause of the Fourteenth Amendment has been mired in ambiguity because the Supreme Court and lower courts have failed to come up with a clear standard to determine whether a redistricting plan is unconstitutional. In 2006, however, a new phenomenon that this Comment terms “pinpoint redistricting” was used by Georgia’s Republican-dominated state legislature to alter the boundaries of a small group of districts rather than all of the state’s district boundaries, severely weakening the strength of Democratic voters in the affected districts. The pinpoint redistricting changed the affected districts from competitive to strongly Republican, and as a result, the redistricting party’s candidates achieved sizable victories in the 2006 elections.

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I Object: The RLUIPA as a Model for Protecting the Conscience Rights of Religious Objectors to Same-Sex Relationships

Erin N. East | 59 Emory L.J. 259 (2009)

In most states, the battle over same-sex marriage has become a showdown with either gay rights activists or religious conservatives prevailing. Each side is fearful of losing ground to the other. Many scholars have noted the threats to religious liberty that arise upon the recognition of same-sex marriage, but few have given significant attention to how religious liberty might be protected without abolishing the rights of same-sex couples. This Comment focuses on one manifestation of the conflict between same-sex rights and religious liberty: the conflict that arises when individuals and organizations are compelled by their religious beliefs to violate state civil rights statutes protecting same-sex couples. Such violations expose them to civil liability for acting in accordance with their religious beliefs.

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