What Has to Change for Forests to be Saved? A Historical Example From the United States

This article looks at the conservation of American forests in the nineteenth and twentieth centuries to cast light on the prospects for global forest conservation in the twenty-first. At the beginning of the nineteenth century, Americans understood their forests as good only for cutting. By the end of the century a national scheme existed for comprehensive and permanent forest conservation. This new scheme became possible thanks to changes in scientific knowledge, the ideological self-image of the country, political institutions, and the imagination and moral commitments of citizens and social movements. A look at the changes that laid the foundations of national forest conservation might help to show what would have to happen for international forest conservation to emerge. Alternatively, it might highlight differences between those past developments and present circumstances, showing how past is not prologue. In this case, the upshot is some of both

On Gun Registration, the NRA, Adolf Hitler, and Nazi Gun Laws: Exploding the Gun Culture Wars (A Call to Historians)

Say the words gun registration to many Americans – especially pro-gun Americans, including the 3.5 million-plus members of the National Rifle Association ( NRA ) – and you are likely to hear about Adolf Hitler, Nazi gun laws, gun confiscation, and the Holocaust. More specifically, you are likely to hear that one of the first things that Hitler did when he seized power was to impose strict gun registration requirements that enabled him to identify gun owners and then to confiscate all guns, effectively disarming his opponents and paving the way for the genocide of the Jewish population. German firearm laws and hysteria created against Jewish firearm owners played a major role in laying the groundwork for the eradication of German Jewry in the Holocaust, writes Stephen Halbrook, a pro-gun lawyer. If the Nazi experience teaches anything, Halbrook declares, it teaches that totalitarian governments will attempt to disarm their subjects so as to extinguish any ability to resist crimes against humanity. Or, as David Kopel, research director of the Independence Institute, states more succinctly: Simply put, if not for gun control, Hitler would not have been able to murder 21 million people

Insider Trading in a Globalizing Market: Who Should Regulate What?

As the market for securities becomes increasingly global, the question of whose rules should apply to any particular transaction will arise with increasing frequency. The issue is examined

The Federal Reserve: A Study in Soft Constraints

In response to the greatest financial crisis since the Great Depression, the Federal Reserve (the Fed) took a number of unprecedented steps to try to minimize the adverse economic consequences that would follow. From providing liquidity injections to save companies like Bear Stearns and American International Group (AIG) to committing to a prolonged period of exceptionally low interest rates and buying massive quantities of longer-term securities to further reduce borrowing costs, the Fed\u27s response to the 2007 through 2009 financial crisis (the Crisis) has been creative and aggressive. These actions demonstrated that the Fed is uniquely powerful among federal agencies, and its authority is even greater than most had previously appreciated. They also made clear that the Fed\u27s actions can have significant distributional consequences, in addition to affecting the health of the overall economy. These developments have led many to suggest that the Fed should be far more accountable, or less powerful, than it currently is. Attacks on the Fed\u27s power are not new. Vesting so much power in the hands of an unelected few inevitably raises questions about legitimacy, for which there are no easy answers. Using traditional mechanisms to make the Fed more politically accountable could substantially impede the Fed\u27s capacity to achieve the aims assigned to it. Yet, as reflected in the demise of the First and Second Banks of the United States, ignoring these concerns can prove even more detrimental. In the United States, the outer limits of independence are delineated by the Constitution, but important questions regarding legitimacy and accountability arise far shy of the Constitution\u27s outer bounds. Many of these issues are not specific to the Fed, and there is a robust body of literature examining these dynamics. Nonetheless, this article suggests that many of the forces that influence the degree of independence that the Fed enjoys in practice are largely overlooked in much of this literature. Those overlooked forces are soft constraints, a range of forces that are not legally binding and that can even be a little fuzzy in application, but that nonetheless impose meaningful limits on how the Fed exercises its seemingly vast authority. This article illustrates the power of soft constraints by examining the role that two particular soft constraints – principled norms and the Fed Chair\u27s concern with her reputation – have played in shaping Fed action over the last hundred years

The Empirical Turn In Family Law

Historically, the legal system justified family law’s rules and policies through morality, common sense, and prevailing cultural norms. In a sharp departure, and consistent with a broader trend across the legal system, empirical evidence increasingly dominates the regulation of families. There is much to celebrate in this empirical turn. Properly used, empirical evidence in family law can help the state act more effectively and efficiently, unmask prejudice, and depoliticize contentious battles. But the empirical turn also presents substantial concerns. Beyond perennial issues of the quality of empirical evidence and the ability of legal actors to use it, there are more fundamental problems: Using empirical evidence focuses attention on the outcomes of legal rules, discouraging a debate about contested and competing values. Reliance on empirical evidence overlays a veneer of neutrality on normative judgments. And uncritically adopting evidence about present conditions without interrogating the role of historical discrimination that continues to disadvantage some families can replicate that discrimination. Given the promise and peril of the empirical turn in family law, this Essay proposes a framework to guide the use of this evidence. The framework preserves space for debating multiple values and advises decisionmakers when to use empirical evidence, with particular attention to the dangers for nondominant families. The framework also recommends strengthening evidentiary gatekeeping and elevating the potential for legal scholarship to serve as a bridge from the broader research base to the courts. With this guidance in place, empirical evidence can take its rightful place as a useful but cabined tool in the legal regulation of families

The Political Economy of Female Violent Street Crime

Our research has led us to the conclusion that women in New York City are becoming more and more likely to involve themselves in violent street crimes. This essay analyzes the developing role of women in violent street crime and poses a model, based on both historical analysis and empirical research, to explain the participation of women in violent street crimes in the 1980s

Carbon Pricing in New York ISO Markets: Federal and State Issues

New York’s Clean Energy Standard (“CES”), adopted in August 2016, aims to steer the state’s electricity sector away from carbon-intensive generation sources. It supports low-carbon alternatives by requiring retail electricity suppliers to purchase credits, the proceeds from which are paid to renewable and nuclear generators. Recognizing that this will affect the operation of wholesale electricity markets, New York’s electric transmission grid operator (the “New York Independent System Operator” or “NYISO”) has commenced a review to assess possible means of incorporating the cost of carbon emissions into market prices. This Article explores two approaches to carbon pricing in NYISO markets: the first would involve NYISO adopting a carbon price of its own initiative with a view to improving the operation of wholesale electricity markets (“Approach 1”), while the second would involve adoption of a carbon price designed to reflect and harmonize state-level policies aimed at reducing electricity sector emissions (“Approach 2”). Under either approach, NYISO would adopt a per megawatt hour carbon price and use it to establish a fee for each generating unit, consistent with its emissions profile. This fee would be added to the prices generators bid into the wholesale electricity market and those adjusted prices used by NYISO to determine the dispatch order. The result would likely be a re-ordering of dispatch, with high-emitting generators dispatched (and paid) less frequently, and cleaner alternatives more frequently. Our proposal, while conceptually simple, is likely to be difficult to implement

A Few Questions About the Social-Obligation Norm

Reponse to an article by Gregory S. Alexander, \u27The Social-obligation Norm in American Property Law,\u27 in a Special Issue of the Journal on Property Obligation

Early Childhood Development and the Law

Early childhood development is a robust and vibrant focus of study in multiple disciplines, from economics and education to psychology and neuroscience. Abundant research from these disciplines has established that early childhood is critical for the development of cognitive abilities, language, and psychosocial skills, all of which turn, in large measure, on the parent-child relationship. And because early childhood relationships and experiences have a deep and lasting impact on a child’s life trajectory, disadvantages during early childhood replicate inequality. Working together, scholars in these disciplines are actively engaged in a national policy debate about reducing inequality through early childhood interventions. Despite the vital importance of this period, the law and legal scholars have been largely indifferent to the dynamics of early childhood development. Doctrine and legislation are rarely developmentally sensitive, lumping children into an undifferentiated category regardless of age. The legal system thus misses key opportunities to combat inequality and foster healthy development for all children. And most legal scholars do not engage with the wealth of interdisciplinary research on early childhood, nor are they part of the interdisciplinary dialogue and policy debates. As a result, that conversation does not include the voices of lawyers and legal scholars, who are uniquely positioned to add critical insights. Remedying this stark disconnect requires doing for law what scholars have done in other disciplines: creating a distinctive field. Accordingly, this Article proposes a subdiscipline of early childhood development and the law. The new field crystallizes a distinctive interest that the legal system must attend to and charts a path for legal scholars to follow for years to come. As with the dawning of fields such as juvenile justice, domestic violence, and elder law, early childhood development and the law will be a focal point for research within the legal academy, a vital bridge to scholars in other disciplines, and an important means for bringing lawyers and legal scholars to the heart of emerging policy debates

Inequality Rediscovered

Widespread recognition that economic inequality has been growing for forty years in most of the developed world, and in fact has tended to grow across most of the history of modern economies, shows that the period 1945-1973, when inequality of wealth and income shrank, was a marked anomaly in historical experience. At the time, however, the anomalous period of equality seemed to vindicate a long history of optimism about economic life: that growth would overcome meaningful scarcity and usher in an egalitarian and humanistic period that could almost qualify as post-economic. This has not been the experience of the last four decades. In this intellectual history of the anomalous period, we trace the main lines of that optimism and its undoing