Vape Away: Why a Minimalist Regulatory Structure is the Best Option for FDA E-Cigarette Regulation

Nick Dantonio

People smoke to get a buzz. Plain and simple. Every time a person decides to smoke a cigarette they make a personal costbenefit decision. The benefits of smoking often include improved concentration and mood as well as providing sedative and euphoric effects. On the other hand, the costs of smoking traditional, combustible cigarettes are quite high. The adverse effects of smoking combustible cigarettes have become common knowledge over the past fifty years, beginning with the required warnings on cigarette packs in the 1960s, as countless studies have affirmed the link between cigarette smoking and a seemingly endless list of negative health effects.

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America’s (Not So) Golden Door: Advocating for Awarding Full Workplace Injury Recovery to Undocumented Workers

Paul Holdsworth

Long before President John F. Kennedy famously proclaimed the United States of America a “nation of immigrants,” the Statue of Liberty stood above New York Harbor as a beacon of our nation’s historically rich immigrant background. Since 1886, Lady Liberty has triumphantly posed as a proud symbol of freedom, refuge, and opportunity. At the base of her iconic pose, Emma Lazarus’ immortal poem poignantly calls for the world’s tired and poor, and exhorts them to enter by the “golden door.” Americana symbolism aside, this exhortation has proven quite paradoxical. Immigration has provided our country with unquestionable cultural richness, yet, at times, the country’s treatment of immigrants has contradicted fundamental notions of fairness and decency.

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Curtailment First: Why Climate Change and the Energy Industry Suggest a New Allocation Paradigm Is Needed for Water Utilized in Hydraulic Fracturing

Victor Flatt *
Heather Payne **

Water, always necessary, is becoming less available. The Organization for Economic Cooperation and Development (“OECD”) predicts water use will increase by 55% between 2000 and 2050, and that by 2050, over 40% of the world’s population “will live in river basins under severe water stress.”[1] Climate change is making this worse. Approximately 486 million people will be exposed to water scarcity or aggravated scarcity even if the average global temperature rise is limited to 2°C.[2] If temperatures rise further, the numbers increase.[3] Looking at food production globally, a quarter of croplands lack adequate water, and 56% of irrigated land is under high to extremely high water stress.[4]

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Hydraulic Fracturing and the Baseline Testing of Groundwater

Keith B. Hall *

Hydraulic fracturing is a process that often is used to stimulate the production of oil and natural gas from low permeability formations. The process is controversial. Some people passionately support the use of hydraulic fracturing, while others fervently oppose it. Much of the controversy arises from the fact that many people fear that hydraulic fracturing might cause contamination of underground sources of drinking water. In part, the public debate and disagreement regarding hydraulic fracturing is fueled by competing opinions regarding how society should balance the tradeoffs between economic development and environmental protection. But this is only part of the disagreement.

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Reconciling Energy and Food Security

Rhett B. Larson *

Achieving food security and energy security are two primary policy aims of international and domestic law. Ironically, the pursuit of energy security can often frustrate efforts to achieve food security. Energy security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable energy.[1] Food security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable food.[2] These two objectives often collide in the area of agricultural water management. It is in that realm that, frustratingly, the goal of achieving food security most frequently comes into conflict with the ambition to achieve energy security.

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Developing Adaptive and Integrated Strategies for Managing the Electricity-Water Nexus

Dr. Benjamin K. Sovacool *
Alex Gilbert **

Existing and planned reliance on thermoelectric power plants—facilities that burn oil, natural gas, coal, and biomass, or fission atoms—depends too heavily on assumptions of widespread, abundant water resources. As the Union of Concerned Scientists has estimated, power plants in the United States take in almost triple the average amount of water flowing over Niagara Falls each minute to meet their cooling needs.[1] Or, put another way, on a typical day more than 500 billion liters of fresh water travel through power plants in the United States—more than twice the amount flowing through the entire Nile River.[2] Yet water is a critical constraint often overlooked in electricity and energy decisions. When considered, it challenges us to think more broadly about integrated resource planning, reliability challenges, and resource selection.

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Insurance at the Energy-Water Nexus

Donald T. Hornstein *

As the outstanding contributions to this symposium demonstrate, the on-the-ground connections between water and energy are pervasive, multidimensional, and sobering. And, at the legal nexus between water and energy, the symposium’s contributors generally hint at some mix of land-use controls, common-law liability, or regulation to help mediate the challenges. Yet precisely because the challenges are so sobering, perhaps an even broader range of social institutions and solutions ought to be considered. In this essay, I offer some observations of the role that insurance may play at the energy-water nexus.

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Energy Versus Water: The Growing Role of Water in Controlling Energy Decisions

Andrea West Wortzel *

Energy and water are integrally linked. Water is necessary to produce and deliver energy,[1] both for cooling and for pollution control. For certain energy sources, such as natural gas and coal, water is needed in the extraction process. Energy powers water treatment processes and pumps for transporting water to end users. Energy is also needed to treat water after it has been used and to return it to the stream or to another user.

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Two Dads Are Better than One: The Supreme Court of Virginia’s Decision in L.F. v. Breit and Why Virginia’s Assisted Conception Statute Should Allow Gay Couples to Legally Parent a Child Together

Lauren Maxey

In May 2012, Roanoke Athletic Club in Virginia revoked a family club membership from two dads and their two-year-old son Oliver, after discovering that the two dads were gay and that they did not qualify for club membership. William Trinkle, Juan Granados, and Oliver applied for membership at the athletic club so that they could enjoy the summer by the pool as a family. Trinkle purchased a family membership and club officials approved his application, but soon after the family started using the facilities, the operations director contacted the couple. The director revoked their membership because they did not qualify under the club’s definition of a family. Thus, Trinkle, Granados, and Oliver were denied a family membership simply because of Trinkle’s and Granados’ sexual orientations. In addition, Oliver was denied the access available to children of heterosexual couples. Although the athletic club later changed its definition of a family to allow families like Trinkle, Granados, and Oliver to gain membership, this event highlights one of the many problems gay dads face in Virginia as a result of the current state of Virginia law regarding legal parentage.

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