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I . . . do solemnly swear . . . that I will administer justice without respect to persons, . . . ... more I . . . do solemnly swear . . . that I will administer justice without respect to persons, . . . and that I will faithfully and impartially discharge and perform all the duties incumbent upon me . . . under the Constitution and laws of the United States. Every Supreme Court Justice must take this oath “before they may execute the duties of their appointed office.” But how is this impartiality guaranteed? The recusal process—where a litigant seeks the withdrawal of a Justice who may be perceived as biased or where a Justice removes him or herself from a case due to subjectivity—is one way the Court guarantees impartiality. However, the United States recusal system is deeply flawed. For example, many critics argued that Justice Antonin Scalia should not have participated in Cheney v. United States District Court because of his relationship to Vice President Dick Cheney—who was sued in his official capacity. The public scoffed when Justice Scalia went on a duck-hunting trip with Vice P...
arious organizations and individuals, including issue-oriented advocacy groups, research institut... more arious organizations and individuals, including issue-oriented advocacy groups, research institutes, business groups, and members of Congress, have recently proposed that the United States consider use of a carbon tax as the primary federal policy to reduce greenhouse gas emissions.1 A carbon tax establishes a fixed fee per unit of emissions and thereby provides a certain price incentive to cut emissions.2 However, one concern regarding a carbon tax is that it does not ensure that the nation will achieve a specific emissions goal because the economy’s response to such a tax is unknowable in advance.3 This concern mirrors the reciprocal apprehension over allowance-price uncertainty (and ultimately cost uncertainty) under a cap-and-trade
Climate Change and Ocean Governance
I . . . do solemnly swear . . . that I will administer justice without respect to persons, . . . ... more I . . . do solemnly swear . . . that I will administer justice without respect to persons, . . . and that I will faithfully and impartially discharge and perform all the duties incumbent upon me . . . under the Constitution and laws of the United States. Every Supreme Court Justice must take this oath “before they may execute the duties of their appointed office.” But how is this impartiality guaranteed? The recusal process—where a litigant seeks the withdrawal of a Justice who may be perceived as biased or where a Justice removes him or herself from a case due to subjectivity—is one way the Court guarantees impartiality. However, the United States recusal system is deeply flawed. For example, many critics argued that Justice Antonin Scalia should not have participated in Cheney v. United States District Court because of his relationship to Vice President Dick Cheney—who was sued in his official capacity. The public scoffed when Justice Scalia went on a duck-hunting trip with Vice P...
arious organizations and individuals, including issue-oriented advocacy groups, research institut... more arious organizations and individuals, including issue-oriented advocacy groups, research institutes, business groups, and members of Congress, have recently proposed that the United States consider use of a carbon tax as the primary federal policy to reduce greenhouse gas emissions.1 A carbon tax establishes a fixed fee per unit of emissions and thereby provides a certain price incentive to cut emissions.2 However, one concern regarding a carbon tax is that it does not ensure that the nation will achieve a specific emissions goal because the economy’s response to such a tax is unknowable in advance.3 This concern mirrors the reciprocal apprehension over allowance-price uncertainty (and ultimately cost uncertainty) under a cap-and-trade
Climate Change and Ocean Governance