The ambivalent shadow of the pre-Wilsonian rise of international law

The generation of American international lawyers who founded the American Society of International Law in 1906 and nurtured the soil for what has been retrospectively called a “moralistic legalistic approach to international relations” remains little studied. A survey of the rise of international legal literature in the U.S. from the mid-19th century to the eve of the Great War serves as a backdrop to the examination of the boosting effect on international law of the Spanish American War in 1898. An examination of the Insular Cases before the US Supreme Court is then accompanied by the analysis of a number of influential factors behind the pre-war rise of international law in the U.S. The work concludes with an examination of the rise of natural law doctrines in international law during the interwar period and the critiques addressed.by the realist founders of the field of “international relations” to the “moralistic legalistic approach to international relation

Tobacco Counter-Marketing And Policy In A University Setting: The Use Of Experiential Learning Projects To Bring About Change

Four million deaths from tobacco-related illness and disease occurred worldwide in 1999 and that number is likely to increase to 10 million by the 2030s. Each year, 430,000 Americans die from such causes. Tobacco use among young people has remained constant, and in some cases, increased even though information regarding the hazards of tobacco consumption has received growing attention over the last decade, The present paper discusses the process and results of an undergraduate experiential learning project designed to 1) educate college students about the hazards of tobacco consumption, 2) prevent or reduce college students’ consumption of tobacco products through counter-marketing efforts, and 3) assess and change current tobacco related policies on campus. The two-semester project incorporated both fall and spring Promotion Management and Health Care Management classes and involved cooperation from the College of Business, the Medical School, and the Office of Student Affairs

A review of the decoherent histories approach to the arrival time problem in quantum theory

We review recent progress in understanding the arrival time problem in quantum mechanics, from the point of view of the decoherent histories approach to quantum theory. We begin by discussing the arrival time problem, focussing in particular on the role of the probability current in the expected classical solution. After a brief introduction to decoherent histories we review the use of complex potentials in the construction of appropriate class operators. We then discuss the arrival time problem for a particle coupled to an environment, and review how the arrival time probability can be expressed in terms of a POVM in this case. We turn finally to the question of decoherence of the corresponding histories, and we show that this can be achieved for simple states in the case of a free particle, and for general states for a particle coupled to an environment.Comment: 10 pages. To appear in DICE 2010 conference proceeding

Quantum Physics and Human Language

Human languages employ constructions that tacitly assume specific properties of the limited range of phenomena they evolved to describe. These assumed properties are true features of that limited context, but may not be general or precise properties of all the physical situations allowed by fundamental physics. In brief, human languages contain `excess baggage' that must be qualified, discarded, or otherwise reformed to give a clear account in the context of fundamental physics of even the everyday phenomena that the languages evolved to describe. The surest route to clarity is to express the constructions of human languages in the language of fundamental physical theory, not the other way around. These ideas are illustrated by an analysis of the verb `to happen' and the word `reality' in special relativity and the modern quantum mechanics of closed systems.Comment: Contribution to the festschrift for G.C. Ghirardi on his 70th Birthday, minor correction

Climate Change Meets the Law of the Horse

The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal scholars have in turn begun to explore how the many different fields of law will and should respond. During this nascent period, one overarching question has gone unexamined: how will the legal system as a whole organize around climate change adaptation? Will a new distinct field of climate change adaptation law and policy emerge, or will legal institutions simply work away at the problem through unrelated, duly self-contained fields, as in the famous Law of the Horse? This Article is the first to examine that question comprehensively, to move beyond thinking about the law and climate change adaptation to consider the law of climate change adaptation. Part I of the Article lays out our methodological premises and approach. Using a model we call Stationarity Assessment, Part I explores how legal fields are structured and sustained based on assumptions about the variability of natural, social, and economic conditions, and how disruptions to that regime of variability can lead to the emergence of new fields of law and policy. Case studies of environmental law and environmental justice demonstrate the model’s predictive power for the formation of new distinct legal regimes. Part II applies the Stationarity Assessment model to the topic of climate change adaptation, using a case study of a hypothetical coastal region and the potential for climate change impacts to disrupt relevant legal doctrines and institutions. We find that most fields of law appear capable of adapting effectively to climate change. In other words, without some active intervention, we expect the law and policy of climate change adaptation to follow the path of the Law of the Horse - a collection of fields independently adapting to climate change - rather than organically coalescing into a new distinct field. Part III explores why, notwithstanding this conclusion, it may still be desirable to seek a different trajectory. Focusing on the likelihood of systemic adaptation decisions with perverse, harmful results, we identify the potential benefits offered by intervening to shape a new and distinct field of climate change adaptation law and policy. Part IV then identifies the contours of such a field, exploring the distinct purposes of reducing vulnerability, ensuring resiliency, and safeguarding equity. These features provide the normative policy components for a law of climate change adaptation that would be more than just a Law of the Horse. This new field would not replace or supplant any existing field, however, as environmental law did with regard to nuisance law, and it would not be dominated by substantive doctrine. Rather, like the field of environmental justice, this new legal regime would serve as a holistic overlay across other fields to ensure more efficient, effective, and just climate change adaptation solutions