Fade to Black: The Formalization of Jackson\u27s Youngstown Taxonomy by Hamdan and Medellin

This Comment argues that the Court’s holding in Medellin modifies Jackson’s tripartite taxonomy by effectively eliminating the “zone of twilight.” By requiring a “systematic, unbroken, executive practice, long pursued to the knowledge of the Congress and never before questioned,” the Court is essentially extending the first category—executive action with the express or implied authorization of Congress—to cover the middle “zone of twilight,” at odds with the very purpose of the zone. Additionally, the Comment argues that Hamdan establishes Congress’s “disabling” power in the third category, which, combined with Medellin’s interpretation, crates a new standard for Jackson’s taxonomy, one moor similar to Justice Black’s formalist majority opinion in Youngstown than Justice Jackson’s functionalist concurring opinion. Part II will give a background to Jackson’s concurrence in Youngstown, and the effect that his tripartite taxonomy has had on separation of powers issues, particularly focusing on the Court’s adoption and interpretation of the taxonomy in Dames & Moore v. Regan. Part III will analyze the Court’s treatment of the taxonomy in Hamdan and Medellin and argue that the two cases create a new standard, one that extends the first category to include a longstanding history of congressional acquiescence , eliminates the “zone of twilight,” and forecloses executive action in the third category. Part IV analyzes potential ramifications of this new standard on the executive’s foreign affairs and war powers, and Part V concludes by calling for the Supreme Court to clarify whether the new standard established by Hamdan and Medellin was intentional or inadvertent

Fade to Black: The Formalization of Jackson\u27s Youngstown Taxonomy by Hamdan and Medellin

This Comment argues that the Court’s holding in Medellin modifies Jackson’s tripartite taxonomy by effectively eliminating the “zone of twilight.” By requiring a “systematic, unbroken, executive practice, long pursued to the knowledge of the Congress and never before questioned,” the Court is essentially extending the first category—executive action with the express or implied authorization of Congress—to cover the middle “zone of twilight,” at odds with the very purpose of the zone. Additionally, the Comment argues that Hamdan establishes Congress’s “disabling” power in the third category, which, combined with Medellin’s interpretation, crates a new standard for Jackson’s taxonomy, one moor similar to Justice Black’s formalist majority opinion in Youngstown than Justice Jackson’s functionalist concurring opinion. Part II will give a background to Jackson’s concurrence in Youngstown, and the effect that his tripartite taxonomy has had on separation of powers issues, particularly focusing on the Court’s adoption and interpretation of the taxonomy in Dames & Moore v. Regan. Part III will analyze the Court’s treatment of the taxonomy in Hamdan and Medellin and argue that the two cases create a new standard, one that extends the first category to include a longstanding history of congressional acquiescence , eliminates the “zone of twilight,” and forecloses executive action in the third category. Part IV analyzes potential ramifications of this new standard on the executive’s foreign affairs and war powers, and Part V concludes by calling for the Supreme Court to clarify whether the new standard established by Hamdan and Medellin was intentional or inadvertent

Effects of Chemical Feedbacks on Decadal Methane Emissions Estimates

The coupled chemistry of methane, carbon monoxide (CO), and hydroxyl radical (OH) can modulate methane's 9‐year lifetime. This is often ignored in methane flux inversions, and the impacts of neglecting interactive chemistry have not been quantified. Using a coupled‐chemistry box model, we show that neglecting the effect of methane source perturbation on [OH] can lead to a 25% bias in estimating abrupt changes in methane sources after only 10 years. Further, large CO emissions, such as from biomass burning, can increase methane concentrations by extending the methane lifetime through impacts on [OH]. Finally, we quantify the biases of including (or excluding) coupled chemistry in the context of recent methane and CO trends. Decreasing CO concentrations, beginning in the 2000's, have notable impacts on methane flux inversions. Given these nonnegligible errors, decadal methane emissions inversions should incorporate chemical feedbacks for more robust methane trend analyses and source attributions

An investigation of Australian and New Zealand hotel ownership

The results of a study seeking to advance a typology of hotel owners as well as examining the composition of hotel owners in Australia and New Zealand are reported. Interview observations resulted in the six hotel ownership categories, discernible from prior commentaries, being broadened to nine hotel owner types. Considerable insights with respect to differentials in the investment time horizon and capital expenditure strategy applied by different owner types were gleaned from the interview data. From a questionnaire survey phase it was found that high net worth private investors and hotel management companies each own approximately a quarter of large 3-5 star Australian and New Zealand hotels. Several distinct hotel operational characteristics are also apparent across the hotel owner types. These include the observation that developer, high net worth investor and strata-title owned hotels tend to be smaller in terms of revenue generated and also these owner types tend to own less hotels. Also, general managers tend to hold their position for shorter periods in hotels owned by hotel management companies and high net worth private investors tend to own older hotels