The John Marshall law review最新文献

The Evolving Role for Transactional Attorneys Responding to Client Needs in Adapting to Climate Change, 47 J. Marshall L. Rev. 543 (2013) 气候变化背景下的交易型律师角色演变研究[j] .中国法律，2013(5)。

The John Marshall law review Pub Date : 2014-01-07 DOI: 10.2139/SSRN.2535085

C. Hammond

{"title":"The Evolving Role for Transactional Attorneys Responding to Client Needs in Adapting to Climate Change, 47 J. Marshall L. Rev. 543 (2013)","authors":"C. Hammond","doi":"10.2139/SSRN.2535085","DOIUrl":"https://doi.org/10.2139/SSRN.2535085","url":null,"abstract":"This article seeks to characterize and define the role of the transactional attorney as clients, especially commercial real estate clients, respond to adaptation to climate change. It rests on the scientific evidence that climate change is caused principally by emission of greenhouse gases and will cause serious and mostly negative impacts. The goal here is 1) to recognize the almost unquestionable conclusion that climate change exists and will have an impact on many aspects of life including the rule of law, 2) that adaptation to climate change must happen and sooner rather than later, 3) that this adaptation is expensive and likely will be financed by a variety of players, including both government and the private sector, 4) that law necessarily will change (or adapt) along side the adaptation to climate change, 5) that transactions clients and their lawyers will need to be aware of are relevant law, know how it affects the clients' business, and know how the transactions attorney can help these clients achieve their business goals.This article considers these likely changes in the law for several categories of clients. In addition to business companies, it looks at the effect of activist investors and the insurance industry, which traditionally protects clients from risks. Because of the author's familiarity with transactions and the practice in the context of the commercial real estate industry, case studies to demonstrate themes will focus on clients involved in the acquisition of real estate, the financing of acquisitions and construction, commercial leasing, ownership & management of real estate to determine what the adaptation might be, how the law might change to respond to it and how the transactional lawyer will function. Part I focuses on the distinct role of the transactional attorney as a \"transaction cost engineer.\" Part II provides a basic introduction to the science of climate change. The difference between the mitigation of climate change and adaptation to climate change is discussed. the three fundamental responses of adaptation are considered (defend in place against the impacts of climate change; retreat from the impacts of climate change and accommodate the impacts of climate change). Part III examines proposals for the likely changes to the law and legal system to reflect adaptation to climate change. Economic costs of adaptation to ensure the resilience are huge and are being recognized by the business community. Other barriers to climate change are becoming clear as well. Adaptation is a catalyst to thinking about the emerging law regarding climate change. A review of various academic thinking on how the law will change/adapt itself is discussed.Part IV considers the role of the transactional attorney as the law adapts to climate change.Part V expects that affected businesses, investors, government disclosure requirements, rules affecting availability of insurance are drivers of focus on the changes. Part VI provides a tr","PeriodicalId":83085,"journal":{"name":"The John Marshall law review","volume":"47 1","pages":"4"},"PeriodicalIF":0.0,"publicationDate":"2014-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68194807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

The First Thing We Do, 47 J. Marshall L. Rev. 1275 (2014) 《我们做的第一件事》，47 J. Marshall L. Rev. 1275 (2014)

The John Marshall law review Pub Date : 2014-01-01 DOI: 10.31228/osf.io/9zjxu

J. Roig

引用次数: 0

The Domestication of International Criminal Law: A Proposal for Expanding the International Criminal Court’s Sphere of Influence 国际刑法的国产化:扩大国际刑事法院势力范围的建议

The John Marshall law review Pub Date : 2010-05-10 DOI: 10.2139/SSRN.2127894

Lisa J. Laplante

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引用次数: 19

Medical marijuana and personal autonomy. 医用大麻和个人自主权。

The John Marshall law review Pub Date : 2004-01-01

Andrew J Boyd

引用次数: 0

The Paradox of the Misuse of Administrative Law In ERISA Benefit Claims, 37 J. Marshall L. Rev. 727 (2004) 《行政法律在我国的应用》，第37期(2004)。

The John Marshall law review Pub Date : 2003-11-11 DOI: 10.2139/SSRN.436480

M. Debofsky

引用次数: 1

Dollywood is not just a theme park in Tennessee anymore: unwarranted prohibitory human cloning legislation and policy guidelines for a regulatory approach to cloning. 多莱坞不再仅仅是田纳西州的一个主题公园:毫无根据的禁止克隆人的立法和政策指导方针对克隆人的监管方法。

The John Marshall law review Pub Date : 1998-01-01

P Tully