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Kirk W. Junker
University of Cologne
  1. "Millennium".Kirk W. Junker - 1999 - Futures (31):865-870.
    Elsewhere I have argued that the future is made of words and images that we create and use in the present, and that the nature of these words is such that we project our future(s)1 from them[1]. Ultimately, we then treat those projected worlds, made of our own words and images, as being something real, or at least real enough to be considered unavoidable, and thus we read back meaning on the present based upon the unavoidable future that we have (...)
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  2. A Strong Role for Custom in International Wildlife Litigation.Kirk W. Junker - 2014 - Journal of International Wildlife Law and Policy 17:32-61.
    Two problems of wildlife law will be addressed in this article - one is spatial and the other is temporal. The first problem is the lack of identity with, and therefore support for, international wildlife law that local populations have. That leads to the second problem, which is the failure to apply the lessons learned from biodiversity law of fauna to the biodiversity problems of flora. As to the spatial problem, if we make a simple comparison between a map of (...)
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  3.  55
    Constitution.Kirk W. Junker - 2006 - Futures 38:224-233.
    In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution that might immediately be thought of (...)
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  4.  87
    Can the Law Facilitate a Finance Shift From Mitigation to Adaption?Kirk W. Junker - 2010 - Kölner Schrift Zum Wirtschaftsrecht 2:141-144.
    There are two different ways in which one can connect the declarations of a worldwide financial crisis and a worldwide climate crisis. The first way has relatively clear legal aspects and requires just a bit of extra thought to see the connection. Insofar as institutions and sources of law have attempted to address climate change to date, states have come to regard the United Nations Convention on Climate Change (UNFCCC) and the Protocol thereto, signed during a regular annual Conference of (...)
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  5.  85
    Conventional Wisdom, De-Emption, and Uncooperative Federalism in International Environmental Agreements.Kirk W. Junker - 2004 - Loyola University Chicago International Law Review 2 (1):93-116.
    What powers do to several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the power that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author's own concept (...)
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  6. Ethical Emissions Trading and the Law.Kirk W. Junker - 2006 - University of Baltimore Journal of Environmental Law 13 (149).
    The idea of permit trading in the United States can be traced as far back as the 1970s, but emissions trading has really only became a popular and exportable idea with the more recent demands that environmental protection acknowledge economic pressures through such ideas as sustainable development. Now the idea of emissions trading has caught on in South America, China and Europe as well. Yet in the eagerness of governments and industry to work out the technical details and legal mechanics (...)
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  7. Expanding the Notion of "Scientific".Kirk W. Junker - 2003 - Cybernetics and Systems: An International Journal (34):401-408.
    In reading Barbara Koslowski's "Theory and Evidence: The Development of Scientific Reasoning", one may be convinced that the ancient debate between classical rationalists and empiricists is alive. And like most people who carefully investigate the ability of either rationalism or empiricism truly to account for all of our ability to know, Koslowski arrives at the position of saying that knowledge (in this case scientific knowledge) is a product of both: "neither theory nor data alone is sufficient to achieve scientific success; (...)
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  8. Fiddling With Trade as Home Burns.Kirk W. Junker - 2012 - Kölner Schrift Zum Wirtschaftsrecht (2):236-244.
    Although we were again reminded in 2008 of the unreliability of markets, pollution mitigation and environmental improvement become increasingly intertwined with market economics. We seem irrationally to continue and in fact, increase the role of the market in maintaining and improving human health and the environment. In this article, the author reviews four popular schemes for market particiption in human health and the environment: emissions trading, the top runner program, corporate average fuel economy (CAFE), and technology forcing. This review demonstrates (...)
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  9. Gattaca: Defacing the Future.Kirk W. Junker - 1999 - Futures (31):631-635.
    A picture held us captive. And we could not get outside it, for it lay in our language and our language seemed to repeat it to us inexorably. -/- Can an image create a future? Can a word create a future? Most emphatically,‘yes’, I would say. Moreover, not only can words and images create a future, they are the only means of future creation. They are that important because they are that close to our creation of meaning. Thus, it makes (...)
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  10.  53
    Is an Orderly Transfer of Responsibility Legal News for Ireland?Kirk W. Junker - 2001 - Juris (Winter):24-31.
    "[A]n orderly transfer of responsibility back to Britain, which has exclusively governed Northern Ireland for most of the past three violent decades" is a phrase that ended a recent world news brief in a Pittsburgh newspaper. To the uninitiated, this may look like the same old Ireland; in fact, it may not even look like news. Certainly, it is not quick change [...]. But if we unpack this simple statement, we find that there is much that is new here, and (...)
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  11.  75
    Limits of Logic.Kirk W. Junker - 1999 - Resurgence 192 (Jan/Feb):62-63.
    Much too often, we are guilty of monumentalizing historical persons. As monuments, these people stop being persons, and instead function as placeholders. Monuments can be placeholders for that which is good, or that which is bad. Depending upon one's predictions for such phenomena as "The Enlightenment" and "The Scientific Revolution", one is likely to place either wreaths or garbage at the foot of the monument that is René Descartes. To his credit, Keith Devlin does neither in "Goodbye,Descartes". In the post-war (...)
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  12. Making Rights From What's Left of Darwinism.Kirk W. Junker - 2004 - Futures (36):1111-1117.
    The legal, political, and social meaning of the work of Charles Darwin has been claimed as resident to conservative and liberal homes alike. Peter Singer’s unique admixture of personal liberal politics and what may look to be an extremely conservative philosophy of nature expose some over-simplicity in traditional ‘right’ and ‘left’ categories. In ‘‘Recovering the Left from Darwin in the 21st Century’’, Steve Fuller provides us with insightful historical and sociological contexts for Singer’s challenges. In this article, Kirk Junker takes (...)
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  13. Natural Law and the Globalisation of the Cheap Energy Mind.Kirk W. Junker - 2009 - HMRG-Beiheft:99-105.
    On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no change (...)
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  14. "Dediction".Kirk W. Junker - 2002 - Futures (34):895-905.
    Of course it is not a word, this “dediction”; at least, not yet. But why not? As the story goes, James Joyce was once asked whether his habit of inventing words was because there were not enough words in the English language. He answered that there were enough words, just not the right words. To see whether “dediction” might be a “right word”, I begin by considering related terms, and then consider what they do for us—why do they exist and (...)
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  15.  76
    "Expectation".Kirk W. Junker - 2000 - Futures (32):695-702.
    Previously in Futures, I discussed a word that we use to form an abstract futures concept: “millennium” [1]. In its most common current usage, “millennium” is an example of a word that provides, and one might even say controls, a future orientation for us. In the present essay, I am taking a different approach to the role of the word that I will be discussing. This word is not an example of a future-orientation; rather it is more of an example (...)
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  16.  98
    "What We Could Do Is..." - The Relation of Education to Legal Obligations to Protect Public Health and the Environment.Kirk W. Junker - 2011 - Umwelt Und Gesundheit Online (4):18-29.
    This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...)
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  17.  70
    Reading Attitude in the Constitutional Wish.Kirk W. Junker - 2004 - Southern California Interdisciplinary Law Journal 14 (1):1-29.
    In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' To (...)
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  18.  68
    Reading Nature Through Culture in Plato and Aristotle's Works on Law.Kirk W. Junker - 1999 - Phronimon - Journal of the South African Society of Greek Philosophy and the Humanities 7 (I):61-72.
    In the human and natural sciences there are many ways of examining nature. While archaeologists, anthropologists and other scientists prefer to examine nature empirically, philosophers and other humanists are more likely to examine texts in order to arrive at an idea of, for example, the Greek world's understanding of nature. Among the scholarly treatises that we typically consider to be sources for research into Greek philosophy of nature and the environment, I selected, for the purposes of this paper, Plato's The (...)
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  19. Shuttling Among Futures in the Symbolic Alchemy of the Mysterium Coniunctionis.Kirk W. Junker - 2000 - Futures (32):63-77.
    Contrary to the notion that the human mind has some sort of tendency toward the abstract processes of classifying, analysing and synthesising, this paper suggests that these processes are historically and socially constructed. Because these processes (in particular, synthesising) are brought about to serve specific purposes and agendas, we need to pre-examine them periodically to see if they still serve our needs. In the past, synthesis had an important function as a symbol, among alchemists, for example. We have all but (...)
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  20. Ships Among Ports: Futures of Europe.Kirk W. Junker - 2006 - Futures (38):129-132.
    The future is evitable. That is to say if, as many of the contributors to Futures over the years have claimed, there is more than one future possible, and that more than one will be experienced, then talking about ‘inevitability’ is simply wrong. And what a task it is to attempt to say anything warranted, but nevertheless fresh concerning the futures of Europe—especially in such a context as considering the plural conception of futures in the title of this publication! Immediately (...)
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  21.  53
    Tax Exemption for Pollution Control Devices in Pennsylvania.Kirk W. Junker - 1996 - Duquesne Law Review 34 (Number 3):503-531.
    In current legal and political atmospheres, when governments are embracing notions such as pollution prevention and the three ”R’s” – reduce, reuse and recycle, while discarding command and control types of regulatory enforcement, some may be surprised to learn that since 1971 Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. Straightforward though the idea of tax exemption for (...)
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  22. The Limits of Law and the Role of Ἀρετή (Virtue) in the Climate Crisis.Kirk W. Junker - 2014 - Issues in Human Relations and Environmental Philosophy:107-120.
    On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, the (...)
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  23.  80
    The Working Lawyer as Subject and the Juridical Event.Kirk W. Junker - 2008 - Cardozo Law Review 29 (No 5):2133-2152.
    When introducing the respective roles of the philosopher and the mathematician in Being and Event, Alain Badiou notes that when representing mathematics: "placing being in the general position of an object, would immediately corrupt the necessity, for any ontological operation, of de-objedification. Hence, of course, the attitude of those the Americans call working mathematicians: they always find general considerations about their discipline vain and obsolete. They only trust whomever works hand in hand with them grinding away at the latest mathematical (...)
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  24. Understanding The Rhetorical Nature Of Science In The Implementation Of Agenda 21.Kirk W. Junker - 1994 - The Environmental Professional 16:349-355.
    Broadly stated, programs implementing the notion of sustainable development seek to balance economic interests with environmental interests. One would assume from the focus that one finds in sustainable development literature on how economics needs to account for the environment that sustainable development adherents are satisfied with the ways in which environmental studies account for economics. Specifically, it appears that sustainable development adherents are satisfied with the content of science as it is currently practiced and wish only to apply that content (...)
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  25.  74
    Why Can't A Duck Sign A Contract? The Failure Of Intellectual Property To Protect The Environment.Kirk W. Junker - 2014 - Issues in Human Relations and Environmental Philosophy:94-106.
    “Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are characterized (...)
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  26. What Is Reading In The Practice Of Law?Kirk W. Junker - 2008 - Journal of Law in Society:1-51.
    Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to an (...)
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