Journals and Magazines: Recent submissions
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Comparing the Centralized Government's Role in Renewable Energy Development in the United States & The European Union [Note]The increase in electricity consumption across the globe since the beginning of the 18th century has caused a rise in the standard of living and triggered exponential wealth generation for human societies. Many modern luxuries including, but not limited to, air conditioning, food refrigeration, permanent indoor lighting, and all our electronic gadgets were made possible because of our success at harnessing the power of electricity. The world was a much different place when Benjamin Franklin flew his kite on a stormy day in 1752, and those changes have had a drastic effect on our planet’s climate. According to the National Oceanic and Atmospheric Administration, “Earth’s temperature has risen by an average of 0.14° Fahrenheit (0.08° Celsius) per decade since 1880, or about 2° F in total.” Additionally, “the rate of warming since 1981 is more than twice as fast: 0.32° F (0.18° C) per decade.” This warming is a direct result of a human-induced greenhouse effect, which is caused by the trapping of greenhouse gases in the atmosphere. Fossil fuels, which have been our preferred source of energy generation for decades, have accounted for over 75% of global greenhouse gas emissions and nearly 90% of all carbon dioxide emissions, according to the U.N. Without a societal transition away from fossil fuels for electricity generation, the runaway greenhouse effect will produce devastating climatic changes and severe weather events that will negatively affect the future generations of all life on Earth. To stave off this unwanted future, it has become imperative that our economies transition to utilizing renewable energy to power our twenty-first century way of living. The task of sufficiently transitioning away from the old sources of energy generation that our economies have depended on will require significant effort from all aspects of our society. Both governments and the private sector must work together if we are to achieve what is necessary—establishing a carbon-neutral world while maintaining global economic prosperity. This paper will analyze how the two largest federally organized central governments in the Western world, the United States and the European Union (“EU”), are enabling this critical transition through policy and law. The EU has focused on top-down mandates, while the United States has instead pursued a chaotic yet effective tax credit regime. Additionally, this paper will examine how both jurisdictions’ regulatory frameworks came to be in the politics of their respective legislative processes. Lastly, this paper will identify any successful policies that could be implemented in Arizona to further assist the state’s energy transition.
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The Thucydides Trap on the Moon: How to Maintain Peace on the Eighth Continent? [Article]Can public international law prevent the Moon from becoming a Thucydides trap amid the ambitious Sino–American projects in space exploration at present, the growing risks of the weaponization and militarization of space, and the commercial craze for material extraction from the South Pole of the Moon? This article presents an original analysis of the politico-legal factors that could lead to armed conflict between China and the United States to dominate the Moon, along with legal solutions. The United States’ competition with China is no longer a choice but now seems inevitable. The American government rejected the possibility of cooperating with China in the sensitive space sector. This places the United States in a similar situation in form to the one it faced in the 1960s with the objective of winning the space race, but similar in substance to the Seven Years’ War. If the Cold War is understood as an ideological conflict in which two economic models clashed with the Moon as an element that divided them, this new rivalry seems to have had more of the features of the intercolonial wars in America that placed France against England in the 17th century. Recent interpretations of the Outer Space Treaty (OST) of 1967 have led to the legalization of the appropriation of space resources. Space could become a Wild West involving states with the necessary technical capacities rushing to exploit space resources. What are the legal and geopolitical implications for different states targeting one lunar territory? How can we legally and practically prevent and resolve a possible conflict on the Moon between the United States, China, and their allies? To escape the Thucydides trap, international law must encourage a spirit of cooperation and, above all, rethink its structures and the legal regimes of governance in terms of the Moon’s exploitation. The United States and China have too much to lose in a confrontation for it to be worthwhile for either, and even if a Sino–American war were likely, this article takes the position that it can be avoided.
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Nearshoring in Context: Sixty Years of Mexican Production for the United States Market [Article]“Nearshoring,” as used here, is the relocation of production facilities currently located in China, owned by American, Chinese, and third-country firms, to North America and principally to Mexico, when low-cost labor and proximity to the U.S. market are important for many reasons. The objective of the phenomenon is to move the production of labor-intensive goods destined for the United States market to a location close to that market rather than thousands of miles away in China or elsewhere in Asia. But this phenomenon, which seems destined to continue for years or decades, is not a recent development. The need for American and foreign producers to access lower production costs for labor-intensive components and finished products is not new. It has occurred in one form or another (initially “offshoring” from the United States) for most of the past 60 years. Both the United States and third-country enterprises primarily serving the U.S. market have long chosen to use Mexico when needing a source of reliable, lower-cost, young labor. This historical review of Mexico’s use as a platform for the reception of foreign investment since 1965 to produce goods for the U.S. market, along with its ups and downs, may help potential investors, policymakers, and stakeholders to understand better the current mini-boom and perhaps the future of Mexican nearshoring as well.
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From Compliance to Impact: Assessing the Effectiveness of Strategic Litigation in Cases of Forced Disappearance at the Inter-American Court of Human Rights [Article]Thousands of victims of human rights violations in Latin America bring their cases to the Inter-American System of Human Rights (IASHR), hoping for justice after all alternatives in their countries failed them. However, in recent years, data showing low compliance with IASHR decisions has triggered questions on the effectiveness of the Court in achieving social change through transformative remedies. Against this criticism, recent scholarship argues that civil society organizations continue to pursue strategic litigation at the IASHR for its capacity to generate an impact despite apparently low compliance. However, authors arguing in favor of an impact perspective have scarcely provided answers on how to define, understand, or describe impact. To fill this gap, I present a normative, empirical, and historical analysis of the impact achieved by civil society-led strategic litigation on forced disappearance in Peru, Guatemala, and Colombia, the three countries comprising 53% percent of cases of forced disappearance that have reached the Inter-American Court of Human Rights. I arrive at three main conclusions. First, an impact analysis presents a far more nuanced outlook of the effectiveness of the IASHR that reveals the effects of the IASHR that traditionally compliance-focused research hides. Second, civil society-led strategic litigation in cases of forced disappearance in Peru, Guatemala, and Colombia has produced an impact at the individual, social, and institutional levels. The Article concludes with the general recommendation of shifting toward an impact approach to assess the effectiveness of the IASHR.
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Title PageThe University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024
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Table of ContentsThe University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024
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Ride the Waive: Health Data Privacy Before, During, and After the COVID-19 Pandemic in the United States and European Union [Note]With the declaration of the end of the public health emergency, the Department of Health and Human Services waivers permitting the use and disclosure of protected health information have since expired. These waivers promoted flexibility to healthcare providers and their business associates to aid public health responses to the novel coronavirus. However, that flexibility delicately balances a patient’s right to privacy and the disclosure of limited data for the public welfare. This Note will show how the United States and the European Union adapted their health privacy laws to address the unprecedented challenges emerging from the COVID-19 pandemic. It explores the efficacy of varying scopes of health privacy laws, determining that neither a broad nor narrow framework is individually successful in responding to such crises. Since the waivers, dismantling health data processing systems has had detrimental costs, given the rise of COVID-19 cases. This Note explores the potential value of standing waivers for COVID-19 health data and the next steps to expand their applicability to other highly transmissible viruses to promote public health without completely absolving a patient’s right to privacy.
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WOW Stories, Volume X, Issue 1 (Spring 2023)Worlds of Words: Center for Global Literacies and Literatures (University of Arizona), 2023
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WOW Stories, Volume IX, Issue 3 (Winter 2022)Worlds of Words: Center for Global Literacies and Literatures (University of Arizona), 2022