THE 2010 RANDOLPH W. THROWER SYMPOSIUM

THE NEW NEW DEAL: FROM DE-REGULATION TO RE-REGULATION

Thursday, February 11, 2010

Emory University School of Law
1301 Clifton Road
Atlanta, Georgia

The Randolph W. Thrower Symposium is part of an endowed lecture series sponsored by Mr. Thrower's family and hosted by the Emory Law Journal and Emory University School of Law.

The Symposium is free and open to the public.  For Georgia Bar members, five CLE credits are available for a $60 registration fee.  Lunch and parking will be provided for all registered participants.

Click here for important information on parking. Click here to register online. The Emory Alumni Eagle Net Events Calendar will open in another window, prompting you for your registration information. Online registration is open through February 8, 2010. Registration is also available at the symposium.

For more information, please email us at thrower(at)law.emory.edu.

Adapting Governance to Climate Change: Managing Uncertainty Through a Learning Infrastructure

Alejandro E. Camacho

Though legislatures and agencies are considering how to prevent further climate change, some adverse effects from a warming climate are already inevitable. Adapting to these effects is essential, but regulators and scholars have largely neglected this need. This Article evaluates the capacity of natural resource governance to cope with the effects of climate change and provides a framework for Congress to help it do so.

This Article identifies unprecedented uncertainty as the paramount impediment raised by climate change and demonstrates how existing fragmented governance is poorly equipped to deal with this challenge. Drawing on lessons from prior regulatory experiments, it proposes a comprehensive strategy for managing uncertainty that promotes interagency information sharing. It also recommends that legislators adopt an “adaptive governance” framework that requires agencies to systematically monitor and adapt their decisions and programs. This learning infrastructure would promote agency learning and accountability, help manage uncertainty, and reduce the likelihood and magnitude of mistakes expected to come with facing such an exceptional problem with initially imprecise tools.

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Worse Than Exemption

J. Clifton Fleming
Jr., Robert J. Peroni
Stephen E. Shay

Customary international law recognizes that every country has the right to impose both source-based taxation on income earned within its borders by foreign persons and residence-based taxation on the worldwide income of its own residents. Thus, so far as international law is concerned, the legitimacy of these taxing rights is fully accepted, and neither of these forms of taxation represents overreaching by governments. Nevertheless, unless ameliorative steps are taken, their full exercise may produce double taxation of international income. This is because, in the absence of mitigation, international income could be subject to source-based taxation in the country where it arises and to residence-based taxation in the country where the earner is a resident. The resulting tax burden would be a material impediment to international commerce.

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