Part II provides a textual analysis of Jackson's concurrence in Youngstown, with emphasis on his tripartite framework for evaluating presidential action. I am especially interested in Jackson's Category , the socalled "zone of twilight." I contend that Jackson, in identifying the zone of twilight as an area where presidential power is exercised in the absence of guiding legal referents, was actually describing a political reality, not establishing a normative legal category. As a result, Jackson's Category 2, properly understood, contains cases that are nonjusticiable (at least until an act of Congress provides the necessary legal parameters and removes such cases to either Category 1 or 3). By including an area of nonjusticiability within his taxonomical system, Jackson was following, and giving expression to, an ethos of humility.

Part III provides a similar textual analysis of Frankfurter's concurrence in Youngstown, with emphasis on his desire to avoid the "explosive potentialities" of constitutional adjudication. Here, I argue that Frankfurter's concurrence has a dual dynamic. On the one hand his concurrence represents the ethos of humility and eloquently espouses the value of judicial restraint as he warns of the danger of aggressive judicial intervention. On the other hand, his insistence on the need to respect the historical gloss on executive power as manifested through "systematic, unbroken, executive practice" has provided a platform for subsequent Courts to engage in the very intervention he warned against.

Part IV reviews two post-Youngstown cases-Dames & Moore v. Regan and Medellin v. Texas' -and shows how the Court capitalized on Frankfurter's historical gloss language and married it with Jackson's taxonomical structure to usher in a new era of judicial dominance in the separation of powers arena. This linguistic turn transformed Jackson's zone of twilight from an area of nonjusticiability to one that allowed for more judicial tripartite framework with Frankfurter's interpretive approach. The Court's adoption of Frankfurter's approach, however, was not wholesale. Rather, the Court appropriated Frankfurter's "gloss" theory while discarding Frankfurter's institutional statements about the Court's limited role in separation of powers cases. In so doing, the Court cast off the ethos of humility individually contained in Jackson and Frankfurter's concurrences and replaced that ethos with one of interpretive arrogance.

Finally, Part V examines this new ethos as expressed in the majority opinion in Boumediene v. Bush, one of the so-called "War on Terror" cases. In contrast to Jackson and Frankfurter's concurrences in Youngstown, Justice Kennedy's majority opinion in Boumediene assumes an authoritative posture. The underlying ethos is one of judicial dominance on matters of constitutional interpretation. The language, which is at times scolding and at others merely business-like in its diction, does not confine itself within a frame of restraint or reservation. Instead, it presumes that the circumstances created by the War on Terror require the judiciary to enter the debate over the war powers of the political branches.

This Article goes even further in seeking to deepen the understanding of why women and girls, living in the slum communities of Haiti, participate in violence, by looking at the specific nexus between their prior victimization through sexual abuse and their ensuing decision to join the armed factions. To be sure, pertinent studies focusing either on violence against women and women's violence, or their reciprocal influences and correlations have already been conducted in several countries tom apart by civil conflict or armed violence. To date, however, this issue has not yet been explored in Haiti, where available data has nonetheless suggested a high prevalence of sexual violence against girls and women as well as their involvement in armed violence.

In particular, this study aims to shed light on female internalization of gender stereotypes and experience with violence, which produces common patterns of retaliation. It investigates the incentives, conditions and decision-making processes that motivate victims of rape and sexual abuse to join armed groups and to become active affiliates and perpetrators of violence themselves. Ultimately, by investigating the current international legal norms and Haitian legislation on both female victimization and aggression, this analysis aims to contribute to the design of effective measures to free women from violence, to dispel their anger and resentment towards forms of community reconciliation, and to adequately reintegrate them into society.

California’s civil rights laws are stronger than federal civil rights protections, and the state has endorsed environmental justice, both generally and specifically, in its global warming regulatory regime. These legal requirements support incorporating environmental justice when applying the California Environmental Quality Act (“CEQA”), which is largely modeled on NEPA. Environmental justice assures that the physical impacts are properly understood in the socioeconomic context, and that cumulative impacts, possible mitigation, and alternatives are properly assessed. Recent California case law questioning CEQA’s application to projects situated near hazards does not impact the fundamental role of environmental justice in environmental review. The Attorney General is properly concerned with projects that add to the burdens of vulnerable low-income communities or communities of color.

This Comment explains why the Sustainable Communities Act will fail to significantly reduce vehicle emissions, and this Comment proposes legislative action to reach the goals established in the Global Warming Solutions Act. Part I of this Comment discusses the relationship between the automobile and urban decentralization in America. Part II discusses legislation in California targeting automobile emissions, including regional smart-growth measures and state legislative actions targeted at reducing GHGE.

Part III explains the impacts on travel mode choice from urban design, temporal components, and individual components such as attitude, preferences, costs, and the duration of the trip. To demonstrate the power of time, Part III also explains the inelasticity of travel time, the relationship between primary and substitute goods, and how different transportation modes have different values of quality. Part IV proposes changes to make public transit a “close substitute” for the personal automobile and describes savings these policies can bring. Part V demonstrates the viability of these policies by discussing several cities with similar policies. The Conclusion calls the California legislature to act by making funding changes. In order to make significant reductions in GHGE from the transportation industry, as set out in the Global Warming Solutions Act and in the Sustainable Communities Act, the legislature must make meaningful funding changes that significantly reduce automobile infrastructure while making other modes of travel more viable options.