Emory Law Journal

Volume 60Issue 4

All Things in Proportion? American Rights Review and the Problem of Balancing

Jud Mathews & Alec Stone Sweet | 60 Emory L.J. 797 (2010)

This Article describes and evaluates the evolution of rights doctrine in the United States, focusing on the problem of balancing. In the current Supreme Court, deep conflict over whether, when, and how courts balance rights is omnipresent. Elsewhere, we find that the world’s most powerful constitutional courts have embraced a stable analytical procedure for balancing, known as proportionality. Today, proportionality analysis (PA) constitutes the defining doctrinal core of a transnational, rights-based constitutionalism. This Article critically examines alleged American exceptionalism, from the standpoint of comparative constitutional law and practice.

Read More »

Local Energy

Garrick B. Pursley & Hannah J. Wiseman | 60 Emory L.J. 877 (2010)

At a point in the future that is no longer remote, renewable energy will be a necessity. The construction of large renewable energy farms is central to a transition away from fossil fuels, but distributed renewable energy technologies—wind turbines in backyards and solar panels on roofs—are immediately essential as well. Widespread deployment of distributed renewable technologies requires rapid innovation led by renewable energy pioneers—individuals who act as market leaders and prove to their neighbors that these new energy devices are safe and worthy of use. This Article assesses the relative institutional capacities of different levels of government to determine which will best ensure that land-energy rules enable a drive toward distributed renewable energy and concludes that the powers of municipal governments must be unleashed.

Read More »