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Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson Jan 1974

Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.

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New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson Jan 1974

New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article's thesis is that attorneys cannot wait any longer to begin practicing environmental law. The bar has a responsibility to insure that our laws are obeyed and implemented. In advising a client regarding compliance with environmental laws, the legal counselor has unique opportunities to advance not only the client's interests, but also the public's interest in environmental protection.

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Abroad In The Land: Legal Strategies To Effectuate The Rights Of The Physically Disabled, Ann Powers Jan 1973

Abroad In The Land: Legal Strategies To Effectuate The Rights Of The Physically Disabled, Ann Powers

Elisabeth Haub School of Law Faculty Publications

In view of limited legislative action, the handicapped may be forced to resort to the courts in order to vindicate their rights. To do so, they must develop new legal strategies by using existing theories in previously unexplored ways. This Note will consider the development of such strategies in the areas of education, physical access and employment.

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Securities, John A. Humbach Jan 1973

Securities, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

During the past year, the Second Circuit again had occasion to decide several cases in which significant issues under the federal securities law were raised. Although none of last year's lot seems destined to become a landmark, these cases do contain some important refinements and clarifications of earlier, broad policy thrusts. The flurry of new regulatory promulgations by the Securities and Exchange Commission may have commanded the focus of the securities bar in recent months, but the decisions of the Second Circuit in the securities area, last year as usual, also deserve the securities lawyer's careful attention.

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Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein Jan 1973

Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This Comment will explore the salient issues raised by Laird v. Tatum and will attempt to answer the following questions: Did the Supreme Court err in denying the political activists an opportunity to present witnesses at a District Court hearing and in deciding the issues on the original papers and appellate brief? Was the Military Intelligence (hereinafter MI) program complained of an impermissible abridgment of First Amendment rights? Did Justice Rehnquist behave improperly by participating in the Laird v. Tatum decision? Last, to what extent has the Supreme Court's decision in this case affected future adjudication of First Amendment class …

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Review Of Close Corporations By F. Hodge O'Neal, John A. Humbach Jan 1972

Review Of Close Corporations By F. Hodge O'Neal, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Review Of Wall Street: Security Risk By Hurd Baruch, John A. Humbach Jan 1972

Review Of Wall Street: Security Risk By Hurd Baruch, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Review Of Federal Income Taxation Of Estates And Beneficiaries, Ronald H. Jensen Jan 1971

Review Of Federal Income Taxation Of Estates And Beneficiaries, Ronald H. Jensen

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined, Jeffrey G. Miller Jan 1970

The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

This article examines the constitutionality of the FDIR and similar regulations issued pursuant to section 5 (b), and comments upon the basic propriety and desireability of delegations of broad emergency powers to the President. The development of executive powers under section 5(b) will first be discussed with an eye toward determining, through the legislative history, congressional intent underlying the section. The role of judicial review of the exercise of executive emergency powers will be examined, followed by an analysis of the theory underlying the delegation of such powers to the President. Finally, the constitutional limitations on the emergency powers of …

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Legislation And The Environment: Individual Rights And Government Accountability, Richard L. Ottinger Jan 1970

Legislation And The Environment: Individual Rights And Government Accountability, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Recent public concern with the pollution threat has generated a rash of suggested solutions. Within the past year councils, agencies, advisory commissions, and billion-dollar programs have been urged upon us. Reorganizations and reorderings of priorities have been called for. The question remains, however, whether this welter of proposals squarely attacks the real problem-the fact that all of our institutions are rooted in the notions of inexhaustible supply and limitless ability to repair. The answer can be found only by examining specific conflicts between technology and environment and analyzing the way our institutions attempt to resolve them.

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The American Bar Association And The Supreme Court--Old Wine In A New Bottle?, Ronald H. Jensen Jan 1970

The American Bar Association And The Supreme Court--Old Wine In A New Bottle?, Ronald H. Jensen

Elisabeth Haub School of Law Faculty Publications

Preparation of this article was commenced shortly after the emergence of the difference of opinion between the ABA and the City Bar on the practice of submitting the names of Supreme Court nominees to the ABA. We believed this to be a sufficiently important issue to deserve a thorough review, particularly because of a paucity of legal commentary on the subject. Our major attention is still directed to that issue, but the recent action of the Attorney General necessarily requires some expansion of the scope of this inquiry. We confine this study to the matter of selection of Supreme Court …

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The Canadian Corporation And Wall Street: Application Of United States Securities Laws To Canadian Issuers, Merril Sobie Jan 1967

The Canadian Corporation And Wall Street: Application Of United States Securities Laws To Canadian Issuers, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to present the Canadian legal practitioner with a summary of those sections of American securities laws which are applicable to foreign issuers. Discussion, for the most part, will be limited to a brief outline of the more salient aspects of securities regulation; a complete presentation of any one feature would be impossible within the confines of a single article. Wherever possible, relevant authorities will be cited and counsel would be wise to examine their more detailed treatment. Moreover, though federal legislation in this area is not exclusive, discussion will be limited to the national …

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Fair Trade: The Ideal And The Reality, John A. Humbach Jan 1966

Fair Trade: The Ideal And The Reality, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This recent concern about fair trade, especially on the part of Congress, indicates the appropriateness of are-appraisal of the social and economic ramifications of the permissive legislation. This comment will discuss these socio-economic ramifications in terms of the arguments, for and against fair trade, which they underlie.

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Mr. Justice Brennan: The First Decade, Stephen J. Friedman Jan 1966

Mr. Justice Brennan: The First Decade, Stephen J. Friedman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Surviving Spouse's Distributive Share Of Amendable Trusts, John A. Humbach Jan 1964

Surviving Spouse's Distributive Share Of Amendable Trusts, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Purcell v. Cleveland Trust Co., 200 N.E.2d 602, 28 Ohio Op. 2d 262 (P. Ct. 1964). Approximately three years before her death in 1960, plaintiff's wife created an amendable and revocable inter vivos trust, naming defendant as trustee. The formally drawn instrument provided for pour-over from her simultaneously executed will, however, a specific bequest to the trust was apparently never made. After his wife's death, plaintiff, choosing to exercise his statutory prerogative of taking against his wife's will: demanded that defendant trustee pay over to h i from the corpus of the inter vivos trust the one-half share which he …

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