Publications

Sony v. Tenenbaum - Amicus Brief

Author(s): 
Anthony Falzone
Julie Ahrens
Publication Date: 
January 3, 2011
Publication Type: 
Litigation Brief

We filed an amicus brief on behalf of the Electronic Frontier Foundation asking the First Circuit to affirm the district court’s reduced damages award in Sony v. Tenenbaum, a file-sharing case in which a jury originally ordered a college student to pay $675,000 for infringing copyright in 30 songs. Read more » about Sony v. Tenenbaum - Amicus Brief

Water as a Public Good: The Status of Water Under the General Agreement on Tariffs and Trade

Author(s): 
Bryant Walker Smith
Publication Date: 
October 22, 2010
Publication Type: 
Academic Writing

Is water a "product" subject to the World Trade Organization (WTO)’s General Agreement on Tariffs and Trade (GATT)? I argue that it is not, because the established, widespread, and consistent assertion by states of public ownership over their water resources through both municipal and international law (the "public-ownership consensus") precludes any reading of GATT that would fundamentally alter the unique status of those resources. Read more » about Water as a Public Good: The Status of Water Under the General Agreement on Tariffs and Trade

Meaningful Participation in a Global Climate Regime

Author(s): 
Bryant Walker Smith
Publication Date: 
October 21, 2010
Publication Type: 
Academic Writing

An effective climate regime must be global rather than merely international and must recognize the significant involvement of actors other than states. This Article first examines the role of statism in the existing international climate regime and challenges several assumptions that underlie the demand for the global South’s "meaningful participation" in that regime. It then demonstrates how the global South is already participating in a global climate regime through the activities of private economic actors from around the world. Read more » about Meaningful Participation in a Global Climate Regime

Stakeholder Reaction to Emissions Trading in the United States, the European Union, and the Netherlands

Author(s): 
Bryant Walker Smith
Publication Date: 
October 21, 2010
Publication Type: 
Academic Writing

As a contribution to the debate over market-based environmental regulation, this article examines the reaction of stakeholders to cap-and-trade programs proposed and/or implemented in the United States, the European Union, and the Netherlands for industrial emissions of certain pollutants. Those pollutants include nitrogen oxides (NOX), sulfur dioxide (SO2), mercury (Hg), and greenhouse gases such as carbon dioxide (CO2). Read more » about Stakeholder Reaction to Emissions Trading in the United States, the European Union, and the Netherlands

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