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Benedict's Maritime Bulletin
Vol. 11, No. 2 Second Quarter 2013 Dr. Frank L. Wiswall, Jr., Editor-in-Chief Robert J. Zapf, Managing Editor Inside This Issue A ‘‘No-Frills’’ Primer on Iran Sanctions A ‘‘No-Frills’’ Primer on Iran Sanctions By David H. Sump ............................................ 61 By David H. Sump EDITOR’S INTRODUCTION – LOZMAN: THE I. Introduction IMPORTANCE OF THE CONTEXT As almost everyone in the maritime community is By F. L. Wiswall, Jr. ......................................... 63 aware, much of the world is in the midst of severe The Upside Down World of Lozman economic sanctions against Iran. These sanctions have been invoked not only by the United States, but also by By Francis X. Nolan, III, Esq............................ 72 the European Union, the United Nations, and other Lozman’s ‘‘Reasonable Observer’’ and nations around the world. Although the purpose of Where It Will Go From Here these sanctions is to modify the behavior of a ‘‘rogue nation’’ that allegedly is defying international norms and By Brendan Sullivan.......................................... 77 obligations, the sanctions are also visiting great harm Substitute Security, In Rem Jurisdiction, upon the maritime trade community. This article is Appellate Jurisdiction, and Lozman intended to briefly explain the nature and status of the economic sanctions imposed upon Iran, as well as iden- By Samuel P. Blatchley..................................... 83 tify the risks to the maritime community and provide WINDOW ON WASHINGTON solutions for avoiding or minimizing those risks. By Bryant E. Gardner ........................................ 86 II. What Are Sanctions and Why Are They Used? FLOTSAM & JETSAM Economic sanctions are the tools used by the inter- national community to assert pressure and hardship By Phil Berns.................................................... -
AGENCY F R INTERNATIONAL DEVEL Pmente PPC/CD!E/DI
AGENCY F R INTERNATIONAL DEVEL PMENTe PPC/CD!E/DI REPORT PROCESSING FORM -? 2-. ENTER INFORMATION ONLY IF NOT INCLUDED ON COVER OR TITLE PAGE OF DOCUMENT ,1. Project/Subproject Number 2. Contri & /Grant Number 3. Publication Date 1 936-5477 - DHR 5447 - Z - 00 , 7074 Air.tl 1939 4. Document Title/Translated Title Report on on Vegetable 'ed Production and M..arketing Strategy for Nenal (With Special Emphasis on the Privatiz-itin of the Nepal Seed Industry) 5. Author()_ 1. Michael Chilton 2. Rajendra P. Shrestha 3. 6. Contributing Or&anization(a) Abt As:;ociates, Washington, D.C. 7. P a *iation 8. Report Numbcr 9. Sponsoring A.I.D. Office -ii, 17p+annexes L_ __ S&T/RD 10. Ab:3tract (optional - 250 word limit) 11. Subject iCeywords (optional) 1. 4. 2. S. 3. 6. 12. Supplementary Notes 13. Submitting Official 14. Telaphone Number 15. Today's Date Gerard Martin / Project Director 202-362-2800Juy1,99 ......................... ........... DO NOT write below this line ..................................................... 16. DOCTD 17. Document Disposition [DOCRI INV I DUPLICATE(J AID 590-7 (10/88) AGRICULTURAL MARKETING IMPROVEMENT STRATEGIES PROJECT Sponsored by the U.S. Agency for International Development Assistina AID Missions and Developing Country Governments to Improve Agricultural Marketing Systems Prime Contractor: Abt Associates Inc. Subontractors: Postharvest Institute fcr Perishables, University of Idaho, Deloitte Haskins & Sells, AID Contract No. DHR-5447-Z-00-7074 AID Project No. 936-5477 FINAL REPORT REPORT ON A VEGETABLE SEED PRODUCTION AND MARKETING STRATEGY FOR NEPAL (WITH SPECIAL EMPHASIS ON THE PRIVATIZATION OF THE NEPAL SEED INDUSTRY) BY MICHAEL CHILTON AND RAJENDRA P. -
The Impacts of Globalisation on International Air Transport Activity
Global Forum on Transport and Environment in a Globalising World 10-12 November 2008, Guadalajara, Mexico The Impacts of Globalisation on International Air Transport A ctivity Past trends and future perspectives Ken Button, School of George Mason University, USA NOTE FROM THE SECRETARIAT This paper was prepared by Prof. Ken Button of School of George Mason University, USA, as a contribution to the OECD/ITF Global Forum on Transport and Environment in a Globalising World that will be held 10-12 November 2008 in Guadalajara, Mexico. The paper discusses the impacts of increased globalisation on international air traffic activity – past trends and future perspectives. 2 TABLE OF CONTENTS NOTE FROM THE SECRETARIAT ............................................................................................................. 2 THE IMPACT OF GLOBALIZATION ON INTERNATIONAL AIR TRANSPORT ACTIVITY - PAST TRENDS AND FUTURE PERSPECTIVE .................................................................................................... 5 1. Introduction .......................................................................................................................................... 5 2. Globalization and internationalization .................................................................................................. 5 3. The Basic Features of International Air Transportation ....................................................................... 6 3.1 Historical perspective ................................................................................................................. -
Hereby Neutering—The Doctrines That Serve to Subject Administrative Agencies to the Rule of Law
HARVARD JOURNAL of LAW & PUBLIC POLICY VOLUME 42, NUMBER 3 SUMMER 2019 ARTICLES MASTERPIECE CAKESHOP AND THE FUTURE OF RELIGIOUS FREEDOM Mark L. Movsesian ................................................................. 711 THE SICKNESS UNTO DEATH OF THE FIRST AMENDMENT Marc O. DeGirolami ................................................................ 750 YAKUS AND THE ADMINISTRATIVE STATE James R. Conde & Michael S. Greve. ....................................... 807 CORPUS LINGUISTICS AND “OFFICERS OF THE UNITED STATES” James C. Phillips, Benjamin Lee & Jacob Crump. ................... 871 NOTES GIVE VETERANS THE BENEFIT OF THE DOUBT: CHEVRON, AUER, AND THE VETERANS CANON Chadwick J. Harper .................................................................. 931 THE ORIGINAL MEANING AND SIGNIFICANCE OF EARLY STATE PROVISOS TO THE FREE EXERCISE OF RELIGION Branton J. Nestor ..................................................................... 971 HARVARD JOURNAL of LAW & PUBLIC POLICY Editor-in-Chief RYAN PROCTOR Deputy Editor-in-Chief Articles Editors CHADWICK HARPER Managing Editors HAYLEY EVANS BRAD BARBER DANIEL JOHNSON WILL COURTNEY Executive Editors KEES THOMPSON ANNIKA BOONE GRAHAM CARNEY Deputy Managing Editors Assistant Articles Editors RYAN FOLIO NICOLE BAADE NICK AQUART CHANSLOR GALLENSTEIN CHASE BROWNDORF AARON HSU JORDAN GREENE HUGH DANILACK PARKER KNIGHT III KEVIN KOLJACK Articles Board VINCENT LI BEN FLESHMAN GRANT NEWMAN Notes Editors ANASTASIA FRANE DAVID RICHTER AARON GYDE JOSHUA HA SAM WILLIAMS BRANTON NESTOR JAMES -
No Law to Apply”: Uniting the Current Court in the Context of Apa Reviewability
BEYOND “NO LAW TO APPLY”: UNITING THE CURRENT COURT IN THE CONTEXT OF APA REVIEWABILITY In back-to-back Supreme Court Terms, § 701(a)(2) of the Administrative Procedure Act1 (APA) has returned to the forefront. While the APA generally allows anyone “adversely affected or aggrieved by agency action” to seek judicial review,2 the APA makes agency action unreviewable under § 701(a)(1) if the organic statute “preclude[s] judicial review,”3 or under § 701(a)(2) if the “agency action is committed to agency discretion by law.”4 Two recent cases, Department of Commerce v. New York5 and Department of Homeland Security v. Regents of the University of California,6 featured a divide between Chief Justice Roberts, who held that the relevant agency actions were unlawful be- cause they were “arbitrary and capricious” under § 706 of the APA, and Justice Alito, who contended that the agency actions were not reviewa- ble at all because of § 701(a)(2).7 The now-recurring dispute between Chief Justice Roberts and Justice Alito on the scope of § 701(a)(2) exemplifies broader divisions on the Court. While some scholars have claimed that the “conservative” Justices share a unified approach that achieves conservative political victories,8 such analysis ignores meaningful differences among the Justices in their understandings of the proper role of the judiciary. Specifically, Professor Adrian Vermeule has helpfully distinguished “Ar- ticle II conservatives” from “Article III conservatives.”9 On Vermeule’s view, Article II conservatives are generally “deferential to presidential ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 5 U.S.C. §§ 551, 553–559, 701–706. -
The John M. Olin Fellowships and the Advancement of Conservatism in Legal Academia
THE JOHN M. OLIN FELLOWSHIPS AND THE ADVANCEMENT OF CONSERVATISM IN LEGAL ACADEMIA “[I]t is merely a question of time until the views now held by the intellectuals become the governing force of politics.”1—F.A. Hayek INTRODUCTION In his 2008 book The Rise of the Conservative Legal Movement, Johns Hopkins Professor Steven M. Teles stated, “It is still too early to tell whether the [John M.] Olin Fellows2 program has been effective, and in any case it is very difficult to disentangle the impact of the program from the influence of a changed le- gal culture or greater willingness of law schools to consider hir- ing conservatives.”3 The fellowship program, which provides conservatives or moderates interested in entering the legal academy with a one to two year, fully-funded position at a law school,4 is a joint venture of sorts between the Federalist Society and the John M. Olin Foundation, an organization better known in law schools for its advancement of law and econom- ics programs. Since 1997, the John M. Olin Fellowship has sought to encourage and assist conservatives and libertarians in becoming law professors.5 In investigating the theory that a changed legal culture at least partially explained the John M. Olin Fellows’ placement success- es in the academy, Professor Teles looked to Harvard Law School and cited then-Dean Elena Kagan’s hiring of three con- servatives to the law school faculty—Professors John F. Man- ning, Jack Goldsmith, and Adrian Vermeule.6 During her tenure, 1. F.A. Hayek, The Intellectuals and Socialism, in THE INTELLECTUALS: A CONTRO- VERSIAL PORTRAIT 371 (George B. -
Evidence from CSA Members and Farmers on Local Food Marketing Strategies
University of Vermont ScholarWorks @ UVM College of Agriculture and Life Sciences Faculty Publications College of Agriculture and Life Sciences 6-26-2018 Gaining and maintaining a competitive edge: Evidence from CSA members and farmers on local food marketing strategies Emily H. Morgan Cornell University Michelle M. Severs Cornell University Karla L. Hanson Cornell University Jared McGuirt The University of North Carolina at Greensboro Florence Becot The Ohio State University See next page for additional authors Follow this and additional works at: https://scholarworks.uvm.edu/calsfac Part of the Agriculture Commons, Human Ecology Commons, Medicine and Health Commons, and the Sustainability Commons Recommended Citation Morgan EH, Severs MM, Hanson KL, McGuirt J, Becot F, Wang W, Kolodinsky J, Sitaker M, Jilcott Pitts SB, Ammerman A, Seguin RA. Gaining and maintaining a competitive edge: Evidence from CSA members and farmers on local food marketing strategies. Sustainability. 2018 Jul;10(7):2177. This Article is brought to you for free and open access by the College of Agriculture and Life Sciences at ScholarWorks @ UVM. It has been accepted for inclusion in College of Agriculture and Life Sciences Faculty Publications by an authorized administrator of ScholarWorks @ UVM. For more information, please contact [email protected]. Authors Emily H. Morgan, Michelle M. Severs, Karla L. Hanson, Jared McGuirt, Florence Becot, Weiwei Wang, Jane Kolodinsky, Marilyn Sitaker, Stephanie B.Jilcott Pitts, Alice Ammerman, and Rebecca A. Seguin This article is available at ScholarWorks @ UVM: https://scholarworks.uvm.edu/calsfac/46 sustainability Article Gaining and Maintaining a Competitive Edge: Evidence from CSA Members and Farmers on Local Food Marketing Strategies Emily H. -
The Death of Judicial Conservatism
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2009 The Death of Judicial Conservatism David A. Strauss Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation David A. Strauss, "The Death of Judicial Conservatism," 4 Duke Journal of Constitutional Law and Public Policy 1 (2009). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. THE DEATH OF JUDICIAL CONSERVATISM DAVID A. STRAUSS* If we are talking about what happened during the Bush Administration, 'The Death of Judicial Conservatism" looks like it is either a misprint or the deluded ramblings of a liberal who did not get the memo. But I think it is fair to say that one of the lessons we have learned in the wake of the Bush Administration's appointments to the Supreme Court is that judicial conservatism no longer exists in any significant form. Or at least so I argue here. To say that judicial conservatism has died is not to say that its opposite, judicial liberalism or progressivism, has flourished. It is clearer than ever that people who hoped for the revival of the Warren Court-a court that had an agenda to be at the forefront of what it considered to be social reform in a generally liberal direction-had better give up that hope for at least a generation. -
The Credible Executive
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2007 The Credible Executive Eric A. Posner Adrian Vermeule Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Eric Posner & Adrian Vermeule, "The Credible Executive," 74 University of Chicago Law Review 865 (2007). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. The Credible Executive Eric A. Posnert andAdrian Vermeulett Legal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This Article addresses the risk that voters and legislators will fail to trust a well-motivated executive. Absent some credible signal of benign motivations, voters will be unable to distinguish good from bad executives and will thus withhold authority that they would have preferred to grant, making all concerned worse off We suggest several mechanisms with which a well-motivated executive can credibly signal his type, including independent commis- sions within the executive branch; bipartisanshipin appointments to the executive branch,or more broadly the creation of domestic coalitions of the willing; the related tactic of counterpartisanship, or choosing policies that run against the preferences of the president's own party; commitments to multilateralaction in foreign policy; increasingthe transparency of the executive's decisionmaking processes; and a regime of strict liability for executive abuses. The main tradeoff or cost is that increasingcredibility tends to diminish the President'scontrol; in light of this tradeoff we examine the conditions under which these mechanisms succeed or fail, with historicalexamples. -
Inequality and Spatial Politics in the Rural South
Backyard Junk and Big Boxes: Inequality and Spatial Politics in the Rural South DAVID FRANCO Clemson University Mid-size and small rural communities in the US are informal farming, backyard junk accumulation or self-built sheds) commonly acknowledged as safe and healthy places can be interpreted as tactical counteractions of the underclass where life is simpler and it is easier, for example, to against the bureaucratically controlled environment of the stores, raise a family, without the insecurities and stress conceived and organized by the establishment. of urban life. Although in this perception the closer According to the 2014 Report of the Department of Agriculture, the contact with nature appears as a source of health average poverty rates in the non-metropolitan south are consis- and life quality, we know that it is precisely in the tently the highest in the country. Furthermore, if we compare in this environments in which such contact is more direct same report the rural south with its own metropolitan areas, such –small towns and rural suburbs–, where lifestyles as Atlanta, Greenville, Charlotte or Dallas, we will discover that the gap between them is also the highest in the whole country: while are less healthy and poverty rates are higher, evolv- in the Northeast the average difference in poverty rates between ing since the housing market crisis of 2008 into what urban and rural areas is less than 1%, in the South this difference 1 we now know as the ‘suburbanization of poverty’. almost reaches 7%. Additionally, recent scholarship indicates the existence of a direct correlation between the presence of powerful This paper studies the spatial dimension of the American rural retail stores such as Walmart -distinctively dominant in the Southern south, where inequality, poverty and unhealthy lifestyles have landscape-, and the increase of both countywide poverty and obe- progressively become part of a surprisingly accepted –and uncriti- sity rates in regions with very low urban density.3 cized– reality. -
What Toronto Eats Supporting Documents
WHAT TORONTO EATS Grades 9 - 12 Supporting Documents: 5 Narratives: Gary, Kerry, Linda, “Margaret” and Wayne 5 Photos: Gary, Kerry, Linda, “Margaret” and Wayne 5 Line Drawings: Gary, Kerry, Linda, “Margaret” and Wayne What Toronto Eats: Workshop Activity Sheet Vegan Special dietary guidelines (Gary) Crohn’s Disease Special dietary guidelines (“Margaret”) Diabetes Special dietary guidelines (Linda) Income Security handout: Wayne, Linda and “Margaret” - from Income Security Advocacy Centre (http://incomesecurity.org/) Special Dietary Allowance handout (for “Margaret”) Food security de!nition cards Workshop updated October 2016 Credit to: Photo Exhibit, Hungry for Change: What Toronto Eats, a 2009 If you require this information in an accessible format, collaboration between the University of please contact [email protected]. Toronto, The Stop Community Food Centre and photographer Cheryl Duggan. 1 www.foodshare.net Gary’s Story Tell us about yourself. “I’m 28 years old. I just moved to Parkdale because it suits my income—I’m only working 30 hours a week, $16 an hour, doing landscaping—seasonal work. I recently switched to a vegan diet for health reasons, so I’ve been cooking a lot more recently, trying to eat as organic and local as possible.” How much money do you spend on food? “Between $75 and $100 a week. It varies, because some weeks I am stocking up on extra things in bulk.” Describe what it’s like to eat on your budget? “It’s manageable and I feel well-nourished. It’s hard to go out to eat because I’m a vegan, and I tend to have the same things for lunches and breakfasts. -
The International Protection of Cultural Property: Some Skeptical Observations
University of Chicago Law School Chicago Unbound Public Law and Legal Theory Working Papers Working Papers 2006 The nI ternational Protection of Cultural Property: Some Skeptical Observations Eric A. Posner Follow this and additional works at: https://chicagounbound.uchicago.edu/ public_law_and_legal_theory Part of the Law Commons Chicago Unbound includes both works in progress and final versions of articles. Please be aware that a more recent version of this article may be available on Chicago Unbound, SSRN or elsewhere. Recommended Citation Eric Posner, "The nI ternational Protection of Cultural Property: Some Skeptical Observations" (University of Chicago Public Law & Legal Theory Working Paper No. 141, 2006). This Working Paper is brought to you for free and open access by the Working Papers at Chicago Unbound. It has been accepted for inclusion in Public Law and Legal Theory Working Papers by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 141 THE INTERNATIONAL PROTECTION OF CULTURAL PROPERTY: SOME SKEPTICAL OBSERVATIONS Eric A. Posner THE LAW SCHOOL THE UNIVERSITY OF CHICAGO November 2006 This paper can be downloaded without charge at the Public Law and Legal Theory Working Paper Series: http://www.law.uchicago.edu/academics/publiclaw/index.html and The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=946778 The International Protection of Cultural Property: Some Skeptical Observations Eric A. Posner1 Abstract. Cultural property is subject to two international legal regimes, one of which protects cultural property during wartime, and the other of which regulates the international trade in cultural property.