Imperium in Imperio and the Political Origins of the American Labor Conspiracy Doctrine

Many political essayists and judges writing in the early republic sought to circumscribe actions deemed oppressive and otherwise interfering with civil liberty. Associations seeking to advance a set of narrow interests at the expense of the public posed a threat to civil liberty. The way that threat was interpreted in the specific case of labor associations is the subject of this article. It was not the economic power of such entities that gave rise to indictments. Rather the political significance of "private confederacies" acting as an "imperium in imperio" was cited as the key threat to the new political order. Thus, Judge Levy in granting legitimacy to the American labor conspiracy laws did not cite common law precedent but his concern that "a new legislature consisting of journeymen shoemakers" would usurp the legitimate power "of our state legislatures."     

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.