Pub Date : 2022-05-19DOI: 10.5195/lawreview.2022.871
I. Joseph
{"title":"Other People’s Data: Privacy, Antitrust, and the Behavioral Advertising Business Model","authors":"I. Joseph","doi":"10.5195/lawreview.2022.871","DOIUrl":"https://doi.org/10.5195/lawreview.2022.871","url":null,"abstract":"","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42539730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-19DOI: 10.5195/lawreview.2021.857
Charles T. Kotuby, Jr.
{"title":"Domestic Courts and the Generation of Norms in International Law","authors":"Charles T. Kotuby, Jr.","doi":"10.5195/lawreview.2021.857","DOIUrl":"https://doi.org/10.5195/lawreview.2021.857","url":null,"abstract":"","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45827203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-19DOI: 10.5195/lawreview.2022.863
G. Weil
The failure of conventional climate change mitigation to reduce climate-related risks to tolerable levels has spurred interest in more unconventional—and riskier—climate interventions. What currently sounds like science fiction could become a reality in the not-so-distant future: planes blasting particles into the sky to block the sun, vast deserts covered with mirrors, algae sucking carbon into the depths of the ocean. Scholars tend to lump all these unconventional climate measures together in a fuzzy category called “geoengineering,” and set them apart from conventional climate change mitigation. But the characteristics of climate interferences vary across three distinct dimensions, which the mitigation-geoengineering dichotomy fails to capture. First, interventions operate via different mechanisms, such as altering the atmospheric concentration of greenhouse gases or changing the fraction of incoming solar radiation absorbed by the earth. Second, the characteristic duration of interferences varies from several days to millennia. Third, interferences differ in terms of leverage—the scale of climate impact achievable with a fixed investment of resources. This Article argues that global climate governance would be best served by a unified approach that addresses all climate interferences based on these three dimensions. In such a unified framework, influence over multilateral decisions to deploy risky, high-leverage interventions could be used as an incentive to induce greater national investment in safer, more expensive decarbonization efforts. Scientific uncertainty should not deter early action on geoengineering governance; it should be viewed as an opportunity to lock in agreement on neutral principles while national governments remain behind a partial veil of ignorance regarding their interests.
{"title":"Global Climate Governance in 3D: Mainstreaming Geoengineering Within a Unified Framework","authors":"G. Weil","doi":"10.5195/lawreview.2022.863","DOIUrl":"https://doi.org/10.5195/lawreview.2022.863","url":null,"abstract":"The failure of conventional climate change mitigation to reduce climate-related risks to tolerable levels has spurred interest in more unconventional—and riskier—climate interventions. What currently sounds like science fiction could become a reality in the not-so-distant future: planes blasting particles into the sky to block the sun, vast deserts covered with mirrors, algae sucking carbon into the depths of the ocean. Scholars tend to lump all these unconventional climate measures together in a fuzzy category called “geoengineering,” and set them apart from conventional climate change mitigation. But the characteristics of climate interferences vary across three distinct dimensions, which the mitigation-geoengineering dichotomy fails to capture. First, interventions operate via different mechanisms, such as altering the atmospheric concentration of greenhouse gases or changing the fraction of incoming solar radiation absorbed by the earth. Second, the characteristic duration of interferences varies from several days to millennia. Third, interferences differ in terms of leverage—the scale of climate impact achievable with a fixed investment of resources. This Article argues that global climate governance would be best served by a unified approach that addresses all climate interferences based on these three dimensions. In such a unified framework, influence over multilateral decisions to deploy risky, high-leverage interventions could be used as an incentive to induce greater national investment in safer, more expensive decarbonization efforts. Scientific uncertainty should not deter early action on geoengineering governance; it should be viewed as an opportunity to lock in agreement on neutral principles while national governments remain behind a partial veil of ignorance regarding their interests.","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44230147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-19DOI: 10.5195/lawreview.2022.872
Angela Mauroni
{"title":"Breach of Trust: Proposing a Business Accreditation for “Probono Publico” Media","authors":"Angela Mauroni","doi":"10.5195/lawreview.2022.872","DOIUrl":"https://doi.org/10.5195/lawreview.2022.872","url":null,"abstract":"","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47209167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-19DOI: 10.5195/lawreview.2021.861
Shaina Trapedo
{"title":"The Sin of Singularity and the Divine Origins of Human Rights Advocacy","authors":"Shaina Trapedo","doi":"10.5195/lawreview.2021.861","DOIUrl":"https://doi.org/10.5195/lawreview.2021.861","url":null,"abstract":"","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48604290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-19DOI: 10.5195/lawreview.2021.855
Todd Grabarsky
{"title":"Germany v. Philipp: Closing the Door on Victims of Their Own Countries","authors":"Todd Grabarsky","doi":"10.5195/lawreview.2021.855","DOIUrl":"https://doi.org/10.5195/lawreview.2021.855","url":null,"abstract":"","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43524137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-19DOI: 10.5195/lawreview.2022.869
M. K. Borowicz
{"title":"Law, Liquidity, and Monetary Policy","authors":"M. K. Borowicz","doi":"10.5195/lawreview.2022.869","DOIUrl":"https://doi.org/10.5195/lawreview.2022.869","url":null,"abstract":"","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42123836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-19DOI: 10.5195/lawreview.2021.860
Michael Pantazakos
{"title":"Nietzche’s Sovereign Individual and the Sin of Sodom","authors":"Michael Pantazakos","doi":"10.5195/lawreview.2021.860","DOIUrl":"https://doi.org/10.5195/lawreview.2021.860","url":null,"abstract":"","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42134795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-19DOI: 10.5195/lawreview.2022.865
Henry Greco
Courts around the country lack guidance when evaluating the enforceability of an ancillary no-hire provision. In a jurisdiction without a statute directly on point, such as Pennsylvania, the paths taken thus far have ranged from adopting a noncompete framework to looking to other jurisdictions for assistance to relying on public policy rationales. The Pennsylvania Supreme Court recently adopted a test based on the reasonableness of the challenged provision, but the factors and the overarching reasoning confuse and conflate the concepts of “restraints of trade” and “restrictive covenants,” making it more difficult to reach a clear, sensible, and permanent solution. This Note draws a simple, logical line connecting no-hire provisions and the federal Rule of Reason test, advocating for its use whenever the enforceability of a no-hire provision is at issue. I argue that a no-hire provision is correctly categorized as a horizontal restraint of trade, that only reasonable restraints of trade are enforceable, and that the federal Rule of Reason test is the method by which the reasonability of a restraint is determined. Using this test provides a time-tested, inclusive, and fact-intensive framework that produces a well-considered and thorough conclusion as to the reasonability of a particular no-hire provision.
{"title":"On the Interpretation of No-Hire Provisions in Pennsylvania-- The Case for Utilizing Federal Antitrust Law","authors":"Henry Greco","doi":"10.5195/lawreview.2022.865","DOIUrl":"https://doi.org/10.5195/lawreview.2022.865","url":null,"abstract":"Courts around the country lack guidance when evaluating the enforceability of an ancillary no-hire provision. In a jurisdiction without a statute directly on point, such as Pennsylvania, the paths taken thus far have ranged from adopting a noncompete framework to looking to other jurisdictions for assistance to relying on public policy rationales. The Pennsylvania Supreme Court recently adopted a test based on the reasonableness of the challenged provision, but the factors and the overarching reasoning confuse and conflate the concepts of “restraints of trade” and “restrictive covenants,” making it more difficult to reach a clear, sensible, and permanent solution.\u0000This Note draws a simple, logical line connecting no-hire provisions and the federal Rule of Reason test, advocating for its use whenever the enforceability of a no-hire provision is at issue. I argue that a no-hire provision is correctly categorized as a horizontal restraint of trade, that only reasonable restraints of trade are enforceable, and that the federal Rule of Reason test is the method by which the reasonability of a restraint is determined. Using this test provides a time-tested, inclusive, and fact-intensive framework that produces a well-considered and thorough conclusion as to the reasonability of a particular no-hire provision.","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44430064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-19DOI: 10.5195/lawreview.2021.862
Andrés D. Sellitto Ferrari
{"title":"In Pursuit of the Right Path: The Promise of Islamic Leadership in the Post-Singapore Convention World of International Commercial Mediation","authors":"Andrés D. Sellitto Ferrari","doi":"10.5195/lawreview.2021.862","DOIUrl":"https://doi.org/10.5195/lawreview.2021.862","url":null,"abstract":"","PeriodicalId":44686,"journal":{"name":"University of Pittsburgh Law Review","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45291645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}