Supreme Court Ruling Creates More Standing Room in the Already Heated Global Greenhouse Gas Movement

This article reviews the recent April 2, 2007 Supreme Court decision in the Massachusetts v. EPA, a highly important case regarding greenhouse gases. The case centered on the Court's review of EPA's denial of a petition to regulate greenhouse gas emissions from new motor vehicles. The Court required EPA to reconsider its denial. The Court found that. 1) the petitioners have standing to challenge EPA's denial of their petition; 2) the Court has the authority to review the denial of the petition; and 3) the Clean Air Act authorizes EPA to regulate greenhouse gas emissions from new motor vehicles. This article looks specifically at the Court's analysis of standing and jurisdiction by Justice Stevens, who wrote the Court's majority opinion, and two dissenting opinions by Justices Roberts and Scalia. Most interesting is how the closely divided Justices (5 to 4 decision) viewed, very differently, the issues regarding standing, the evidence that emissions from new motor vehicles are causing global warming and harm to Massachusetts, and the agency's judgment in denying the petition. Lastly, the article speculates on the impact of the decision and the current activities taking place at the state and regulated community level involving future regulation, litigation, and opportunities by various companies and coalitions to reduce greenhouse gas emissions. The article then presents five broad areas where companies that emit greenhouse gases should need to maintain or increase awareness to better position themselves in the global greenhouse gas movement.     

Do the interests of academic lawyers and practising lawyers ever overlap?

‘A book may be good for nothing; or there may be onlyone thing in it worth knowing; are we to read it all through?’(Samuel Johnson) This section is dedicated to the review of ideas, articles,books, films and other media. It will include replies (and rejoinders)to articles, the evaluation of new ideas or proposals, and reviewsof books and articles both directly and indirectly related tointellectual property law. The book-reading habits of practising lawyers can be very differentto those of academic lawyers. A well-known publisher of lawbooks for academics and practitioners provides its authors witha style guide, which includes the following, helpful advicefor writing     

Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

Ethics and education for the public service in a liberal state

Graduate programs in public policy offer a variety of ethics courses focusing on framework theories, topical applications, and duties of office. Brown gives four reasons for making these types of courses an integral part of education for public service: they provide a common civic vocabulary; they give an essential perspective on analytical techniques; they challenge students' own presuppositions about public policy; and they help distinguish between empirical and conceptual issues. He argues that the growing emphasis in the policy programs on public management further enhances the importance of education in ethics, and that the current dearth of such courses in some programs seriously impedes their graduates.     

澳大利亚少年司法系统和新南威尔士州少年司法的新趋势

澳大利亚少年司法体制包括法律的主体、机构和法庭审理程序，是立法在现实中的展开和运用，而立法是司法运作的法律前提。澳大利亚关于未成年人的立法框架包括《1987年儿童（刑事诉讼）法》和《1997年少年罪犯法》，这两项法律确保了在法律面前儿童享有和成人平等的权利和自由，以及一系列的其他特殊权利，这是针对全国范围而言，是地方各州少年司法制度运作的宏观背景。具体到新南威尔士州中，其少年司法系统近些年来也出现一些新的趋势，这在新南威尔士州儿童法院的司法程序中可以得到明确体现，其包括未成年人刑事责任年龄、逮捕、保释等多个方面，从而为未成年人利益最大化的保障提供了具体的运作环境。     

Characterization of human DNA in environmental samples

Environmental samples from indoor surfaces can be confounded by dust, which is composed largely of human skin cells and has been documented to contain roughly tens of micrograms of total DNA per gram of dust. This study complements previous published work by providing estimates of the quantity of amplifiable human DNA found in environmental samples from a typical indoor environment, categorized by the intensity of human traffic and visible quantity of dust. Dust was collected by surface swabbing standard 576 cm² areas in eight locations, and evaluated for total DNA quantity, presence of human DNA (mitochondrial and nuclear loci using conventional PCR), quantity of human nuclear DNA using quantitative PCR, and STR analysis. The total DNA content of 36 dust samples ranged from 9 to 28 ng/cm², and contained 0.2–1.1 pg/cm² of human DNA. Overall, human DNA was detected in 97% of 36 dust samples and 61% of samples yielded allele distributions of varying degrees of complexity when subjected to STR analysis. The implications of this study are twofold. First, the presence of dust in evidence can be a significant contamination source in forensic investigations because the human DNA component is of sufficient quality and quantity to produce allele calls in STR analysis. This can be effectively managed by implementing stringent protocols for collection and analysis of potential biological samples. A second implication is the use of dust as a source of evidence for identification of inhabitants within a defined location. In the latter case, a number of additional studies would be necessary to identify relevant pretreatments for environmental dust samples and to develop the necessary deconvolution techniques to separate the composite genotypes obtained.