Author Archive

The Power of the SEC as a Mechanism for Advancing Corporate Environmental Responsibility

Sarah Lottman 

In today’s capitalistic-focused world, companies are becoming a more powerful force as consumer demand fuels our economy in all sectors of society.[1] Companies around the world now yield more power and influence than ever before.[2] With this power and influence, companies can be an effective tool in inciting change. The environmental factors that a company chooses to disclose can greatly encourage or discourage the discourse on climate change.[3] By holding companies accountable for their environmental and sustainable practices, a lot can be done to combat climate change.[4] The Securities and Exchange Commission (SEC) charged with regulating publicly traded companies dictates what companies need to disclose in yearly filings.[5] The SEC through the Securities Exchange Act (SEA) has the power to make companies disclose more of their environmental impact on the world, and in turn encourage more sustainable practices in companies.[6]

While the SEA requires disclosures for materiality, nowhere in the Act or legislative history is that authority to require disclosures limited to materiality.[7] This is very important because the SEA allows the SEC to require disclosures outside of materiality, it just has not done so before. Some opponents might argue that if the disclosure is not material, then there is no need to mandate it, and if climate disclosure is material than there is no need to mandate it because they are already required to disclose it.[8] Expanding the SEA would cover all instances and removes third party necessity to sue for failure to disclose.[9]

Wanna Bet?: Amending the Wire Act Moves the Line Forward for Sports Betting in the States

Elsa Larsen

Back in the day, your bookie knew your name, your favorite team, wrote you a ticket by hand, and smiled when you came for a winning payout.[1] This is the Las Vegas sports-betting era that Parker remembers.[2] Parker was lucky enough to live in Nevada—at the time, the state held a monopoly on sports betting—so she often received calls from friends outside of the state asking if she could place sports-bets for them at the casino. Parker has lived her whole life in Sin City and a drive down Las Vegas Boulevard with her demonstrates just how much the city has changed.[3] She recalls the fire at the MGM Grand Hotel and near-fatal car bombing of mobster Frank “Lefty” Rosenthal, both of which left Las Vegas locals on edge.[4] The deafening sounds of hotel implosions are seared in her mind, along with the hope that visionaries like Steve Wynn and Kirk Kerkorian brought to the desert oasis in the form of hotel-casinos.[5] Parker reflects on the changes her city has gone through, including witnessing the evolution of Vegas’s sports-betting scene. What started as a-cash-rules-everything-around-me-type-town to the recent trend towards virtual currency.[6] Fast forward to the era of the internet: mobile sportsbooks and sports-betting apps have replaced Parker. Her out-of-state friends no longer need to call Parker in order to place their sports-bets.

In Murphy v. NCAA, the Supreme Court held that states have the authority to legalize sports-betting schemes.[7] The Supreme Court’s decision in Murphy did not affect the applicability of the federal Wire Act, and as such has not authorized interstate sports-betting by phone or internet. Currently, neither the text of the Wire Act nor the holding of Murphy approves of sports-betting via internet or phone between states without both states having legalized sports-betting. Interpretations of the Wire Act paint a disorderly picture, full of inconsistencies and misunderstandings, leaving no other option but for the antiquated legislation to be amended and updated.[8] Due to the Wire Act’s conflicting interpretations, interstate sports-betting is still prohibited, despite the country’s increasing embrace of sports-gambling and the ever-present technological world that exists today.[9]

The Playground or the Penitentiary: How Amending the Juvenile Justice and Reform Act can Curb Juvenile Life Without Parole Sentences

David Olson

When Brett Jones was 15 years old, a jury convicted him of murder.[1] Subsequently, a Mississippi trial judge sentenced him to life without parole.[2] This was back in 2004, in 2021 at the age of 32, Jones petitioned the Supreme Court contending that it must make a separate factual finding that a murderer, under the age of 18 when they commit the murder is “permanently incorrigible” before imposing a life sentence without parole.[3] The Court ruled that, a finding of permanent incorrigibility is not required.[4]

This ruling essentially made it easier to sentence juveniles to life. Jones is one of 1,465 people serving life sentences without parole in the United States.[5] Those 1,465 children will never see the outside of the of those prison walls because of mistakes made during adolescence. Although the Court has recognized that adolescence is a time of “immaturity, impetuosity, and failure to appreciate risks and consequences,[6] there are 25 states that allow judges to impose life without parole sentences on juveniles.[7] As crazy as it sounds, only 9 of those have zero people serving a juvenile life without parole sentence.[8]

Death by Committee: Reviving Federal Environmental Justice Legislation to Solve Disproportional Impacts on Vulnerable Communities

Sara C. Babcock

The environment should not be a luxury for the privileged.[1] Clean air, clean water, and clean land should not be earned, but freely given. Yet, every day, communities of color, low-income communities, and other marginalized communities face the bulk of the environmental threats and toxic pollutants, leaving these communities overburdened and vulnerable.[2] Racist and otherwise discriminatory institutional rules, regulations, and policies combined with corporate decisions have intentionally targeted vulnerable communities for unfavorable land uses and poor zoning laws.[3] Buchanan v. Warley banned the use of explicit race-based zoning in 1917, but city planners and homeowners found indirect methods to continue segregating neighborhoods.[4] Citing to economic concerns, cities like St. Louis, Seattle, and Newark were able to create laws that kept minorities out of white neighborhoods.[5] Despite the laws and policies no longer being in effect, St. Louis, Seattle, Newark, and many other cities nationwide maintain the segregation patterns to this day.[6]

Corporations and governments have taken advantage of the past racist and otherwise discriminatory institutional rules, regulations, and policies to disproportionately expose communities of color, low-income communities, and indigenous communities to toxic and hazardous waste.[7] Years of consistent exposure to toxic and hazardous waste has led to a whole host of medical issues within these communities such as asthma, cancer, higher blood lead levels, cardiovascular disease, and developmental disorders.[8]

Recycling Is Rubbish: Four Concrete Steps Congress Must Take to Reimagine Reduce, Reuse, and Recycle by Reinventing, Reformatting, and Restructuring the Way the United States Manages Packaging Materials

James D. Brien

The United States uses and disposes of materials at an alarming and unsustainable rate. The EPA estimates that in 2018 the U.S. generated over 292 million tons of household waste.[1] Between 30% and 65% of this waste comes from one source: containers and other packaging materials.[2] The U.S. then incinerated or landfilled more than 60% of these 292 million tons of waste.[3] Incinerating and landfilling at this rate harms people, resources, and the environment. This is unsustainable. Recycling and reusing these materials is critical to a sustainable future.

However, the United States is in the midst of a recycling crisis. This crisis is self-inflicted. For decades, the U.S. relied on other countries, mainly China, to process and recycle (or burn or landfill[4]) its municipal solid waste.[5] China no longer buys this waste.[6] Now, more than 111 million tons of plastic waste alone needs a new disposal method over the next decade.[7] Many states are trying to solve this crisis by increasing recycling through novel legislation.

“We the People” Demand Transparency: Covid-19 and the Governmental Duty to Inform America

Ricardo “Rico” J.J. Edwards Jr.

Have you seen the movie 2012?[1] What took place in January 2020, when President Trump was informed about the danger of Covid-19, tells a similar plot. Many audiences can observe the 2012 administration’s silence about Earth’s catastrophic changes, which led to unnecessary deaths. In 2012, the President’s Chief of Staff failed to inform the public about an imminent global disaster despite pleas from the President’s chief science advisor.[2] The 2012 administration’s nondisclosure to the public was disastrous. American people were uninformed and unable to evacuate, causing a tremendous loss of life.[3] Millions of impoverished persons died though the wealthy knew about the Earth’s coming reconfiguration (i.e., deadly volcanic eruptions, shifting tectonic plates, and rising seas) for years.[4] 

If President Trump informed the public about Covid-19’s arrival, restrictions such as social distancing[5] might be a relic of the past. It is debatable if President Trump’s inaction led to more fatalities. Whether receiving little or no information is enough to blame one person is perplexing. Did he underestimate Covid-19’s vigor before spreading misinformation to the Nation and turning away from the Center for Disease Control (CDC)[6], the Nation’s leading public health institution?[7] The Executive Office of the President (EOP) was created under President Franklin in 1939.[8] It intends to communicate a U.S. President’s message “to the American people and promot[e] . . . trade interests abroad.”[9] EOP also houses several advisors traditionally close to the Nation’s President, such as the National Security Council.[10]

Denying Incarcerated People Medical Cannabis Violates the Eighth Amendment’s Cruel and Unusual Punishment Clause

Sawyer Burton

Although medical cannabis is now legal in many places, it is routinely prohibited in correctional facilities even if an inmate possesses a valid medical cannabis card.[1] No one has ever succeeded in requesting medical cannabis in a correctional facility under the Eighth Amendment. Even when the legislature explicitly authorizes incarcerated persons to apply for a medical cannabis card, they are denied.[2]

Peoples’ cannabis use can differ, and while some people may use cannabis more medicinally than others, many people need cannabis much like they would any other serious prescription medication.[3] In acute cases, discontinuing someone’s cannabis use could result in death or serious injury.[4] Prison officials should not decide whether one person needs cannabis more than the next. If a doctor recommends medical marijuana for an inmate through a state sponsored system, prison officials should not have authority to decide whether that inmate’s medical needs are legitimate.

Hot Potato: How Cities Can Tackle Climate Change Through Zoning

Mariah Harrod

In the early hours of August 21, 2020, a blackened plume billowed across the skyline of Corpus Christi, Texas.[1] Helicopters wove through the haze to rescue those injured by the “Refinery Row” explosion.[2] Earlier that day, a dredging barge had collided with a submerged natural gas pipeline, igniting the highly volatile methane inside.[3] Four people died, and eight were injured.[4] Traumatic events like these serve as poignant reminders of the latent dangers of fossil fuel infrastructure. Yet the innocuous, everyday impacts from these commonplace facilities are no less perilous.

Much of the natural gas in the United comes from hydraulic fracturing (fracking), a process that shatters the rock formations containing fossil fuels.[5] This process uses several million gallons of pressurized water with added chemical agents later discharged into local reservoirs.[6] Fracking facilities contribute to air and water contamination, earthquakes, and climate impacts from fugitive emissions.[7] Proximity to these sites also correlates with birth defects and premature births.[8]

The Pandemic Special with a Side of Shut-Downs: A Note on NYC’s Restaurants in the Age of Covid-19

Noy Kruvi

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New York City’s globally renowned and diverse collection of restaurants makes it one of the world’s top culinary destinations. Economically, the industry contributes billions of dollars to the City’s tax revenue annually.[1] The industry had approximately 23,650 restaurants in 2019, with 317,800 jobs, paid $10.7 billion in total wages, and generated $27 billion in taxable sales.[2] The Covid-19 pandemic threatens to cripple, and has crippled, the once thriving NYC industry.[3] Mandatory closures, stay-at-home orders, social distancing impositions, an impending economic recession, travel restrictions, and the inherent danger of the virus itself, all threaten an adverse economic impact for the industry.[4]

Power Move: Applying FERC Orders 841 and 2222 to Mitigate Use of Peaker Plants in Environmental Justice Communities

Mary Franco

Time and again marginalized neighborhoods, often communities of color or low-income communities, bear the brunt of local pollution due to historic placement of high-polluting power plants.[1] In particular, fossil fuel peaker plants expose nearby low-income and minority communities, or environmental justice (EJ) communities, to disproportionate amounts of particulate matter, nitrogen oxides, and sulfur dioxide.[2] Grid operators typically employ peaker plants when there is high demand on the electric grid, usually in extremely hot or cold temperatures. These plants need to ramp up quickly and use single-cycle operation, making them more inefficient than their baseload generation counterparts.[3] Currently, the United States has over 1,000 peaker plants.[4] Nearby neighborhoods suffer disproportionate health disparities linked to heavy air pollution from this fossil-fuel energy infrastructure, particularly on hot summer days when local pollution impacts can be more significant.[5]

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