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Die Energiewende and TTIP: Fodder for ISDS or a Legitimate Exercise of Police Powers?

Amanda Quinlan

To achieve great success in renewable energy and help tackle climate change, policymakers need to identify how international trade and investment law is both promoting and inhibiting state policies.[1] This Note explores one trade and investment agreement: the Transatlantic Trade and Investment Partnership (TTIP) between the European Union (EU) and the United States. Critics of TTIP argue the EU’s proposed Energy Chapter for TTIP undermines renewable energy regimes.[2] The proposal calls for (1) non-discriminatory access to transmission systems at (2) cost-reflective tariffs.[3] However, renewable energy policies give preference to renewables—thus discriminating between types of energy—and often subsidize renewable energy sources, which skews prices.[4] TTIP skeptics believe the Energy Chapter proposal guarantees that states with renewable energy regimes will violate TTIP.[5] If a state violates TTIP, an investor could seek compensation under a claim of indirect expropriation.[6] To claim indirectexpropriation, the investor would invoke TTIP’s investor state dispute settlement (ISDS) provision—another controversial element of TTIP.[7] The investor would challenge the state legislation that rendered the investment moot.[8] Critics claim these ISDS challenges undermine democratic principles and give investors too much influence over state legislation.[9]

Protecting the Rights of The People v. the Rights of The Researchers: Does the Current U.S. Approach to Patentability of Gene Therapy Treatments Attain This?

Kara Grooms

Science is progressing at an unprecedented rate.[1] The scientific field is introducing revolutionary new concepts, methodologies, and products that are unlike previously patented innovations. In particular, the legal community is scrambling to play catch-up and grapple with the patentability of biotechnology.[2]

From Sports to Torts: Using Legislative Reform and Community Action to Improve Campus Responses to Sexual Assault under Title IX

Eliza van Lennep

In 1976, with “Title IX” written on their naked torsos, the women of the Yale rowing team marched in to the administration building to demand equality.[1] They cited deep and vast gender-based disparities in athletics, and an atmosphere of gender-based hostility towards women in athletics at the university.[2] They presented a letter to the school, recited by future two-time Olympian Chris Ernst, as she and her 19 female teammates stood naked, in protest in front of their administrators.[3] The letter read in part: “These are the bodies Yale is exploiting. We have come here today to make clear how unprotected we are, to show graphically what we are being exposed to….”[4]

Ready for Takeoff: Embarking on a Journey to Regulate Aircraft Greenhouse Gas Emissions at Home and Abroad

Miranda Jensen

Air travel is among the fastest growing modes of transportation in the world.[1] It is not only quick, but also increasingly affordable.[2] Businesspeople, students, and tourists alike can travel by plane across the United States or across the world in a matter of hours. However, this growing popularity in air transportation also means increases in greenhouse gas (GHG) emissions from more aircraft in the air. To put the level of GHG emissions from aviation into perspective, “[s]omeone flying from London to New York and back generates roughly the same level of emissions as the average person in the EU does by heating their home for a whole year.”[3] Not surprisingly, aircraft emissions are among the fastest growing type of GHG emissions worldwide.[4] Indeed, for most of us, air travel is the largest portion of our carbon footprints.[5] Historically, these emissions have been left to the industry and individual countries to regulate.[6] But that is changing.

I Feel the Need, the Intellectual Need for Speed: A Framework, Utilizing Patents, to Foster Technology Transfer of Climate Change/Green/Technologies

Rinku Kapoor

Imagine: a diverse group of thirty scholars from MIT gather around a court yard of palm trees to discuss the predicament of mankind in the face of five factors: unsustainable population growth, rapid industrialization, pollution, food production and resource depletion.[1] In 1969, inspired by United Nations General Secretary, Mr. Thant’s speech on defusing population explosion by forging global partnerships quickly, Dr. Aurelio Peccei organized the MIT conference mentioned above.[2] If global alliances were not forged quickly, Mr. Thant feared the world’s problems would reach “staggering proportions . . . beyond our capacity to control.”[3] This conference of great minds advances a model, known as “Limits to Growth,” which used a computer model to simulate the consequences of the five factors that ultimately limit growth on this planet.[4]  

Did the Chicken Cross State Lines? Discussing the Constitutional Implications of Implementing a Sales Ban on Inhumane Poultry Products in Ohio

Rachel Hanson

Chicken is the United States’ favorite meat.[1] The increased demand for poultry products has lead to the industrialization of this industry.[2] While meat production has increased immensely, animal wellbeing has significantly decreased. Due to the profitability of raising more animals in a smaller space, stocking densities for broiler chickens have grown significantly.[3] As a result, broiler chickens live in extremely crowded conditions, which suppresses their natural behaviors and restricts their movements.[4] Further, the crammed conditions create high ammonia and heat levels that place undue stress on the animals and the environment.[5] High stress conditions can negatively affect chicken health and lead to an increased risk of Campylobacter and Salmonella, two types of bacteria that cause food poisoning in humans.[6] Therefore, the mass production of poultry increases public health and environmental concerns. In addition, raising chicken in such demeaning and subversive conditions offends many individuals’ moral concerns. Thus, state regulation is necessary to advocate for change in animal welfare practices.

The Paris Agreement’s Market Mechanisms: A Global Climate Change Solution?

Jennifer Leech

The magnitude of the climate change problem requires a paradigm shift through comprehensive, effective global action. With efforts under the United Nations Framework Convention on Climate Change (UNFCCC), global leaders have worked to address this problem with a series of international agreements.[1] The 2016 UNFCCC Paris Agreement (Paris Agreement) presents the newest hope for international cooperation to combat climate change.[2]

Casting a Wide Net: The Trans-Pacific Partnership and Marine Fisheries Law in the United States

Erin Hodge

The Trans-Pacific Partnership (TPP) faces heated criticism from both ends of the political spectrum. Campaign rallies feature hundreds of signs saying “Free Trade Costs Too Much,” “Flush the TPP,” and simple slashed circles with “TPP” in the center – but at a glance, it’s unclear who the rally is for.[1] President Obama favored ratification, arguing that to ignore the Pacific markets outside American borders allows China (notably absent from the TPP) to write the rules in the region.[2] In a rare show of bipartisan agreement, Congress repeatedly delayed consideration of the TPP – effectively ensuring ratification would wait until a new president takes the Oval Office.[3] Unfortunately, the controversy surrounding the TPP clouds its potential impact on other aspects of Pacific cooperation.

Live and Let Die: Need for a Federal Law on Physician-Assisted Suicide

Zac Halden

Brittany Maynard took her own life on a cold November morning at the young age of twenty-nine.[1] Brittany had been battling brain cancer and had undergone multiple surgeries to remove her tumor.[2] However, when she learned that the surgeries did not free her from illness, she chose another way to deal with her illness: physician assisted-suicide (PAS).[3] She chose assisted-suicide to avoid medical care that would have ended her quality of life.[4] Additionally, the treatment would have only extended her life for another several months.[5] Brittany did not want to die, but when someone is faced with choosing between two paths to death Brittany asked herself, “Who has the right to tell me that I don’t deserve this choice?”[6]

Rethinking Red Lights: An Economic Approach to Appalachian Prostitution Laws

Kandi Spindler 

Society is beginning to seriously consider legal prostitution by turning to European models as guidance for policy issues.[1] Yet forsaking the financial incentives prostitution creates laws that are blind to the reality of sex worker. The gap between the reality of prostitution and the law becomes more troubling in rural areas, especially Appalachia, where a failure to account for local conditions exists because legislators are too far removed to know what those conditions are.[2]

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