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Articles 1 - 12 of 12
Full-Text Articles in Entire DC Network
Butte Priority Soils Operable Unit Diggings East 60% Remedial Design Package Submittal, Josh Bryson
Butte Priority Soils Operable Unit Diggings East 60% Remedial Design Package Submittal, Josh Bryson
Silver Bow Creek/Butte Area Superfund Site
No abstract provided.
Silver Bow Creek/Butte Area Npl Site Butte Priority Soils Operable Unit, Pioneer Technical Services, Inc.
Silver Bow Creek/Butte Area Npl Site Butte Priority Soils Operable Unit, Pioneer Technical Services, Inc.
Silver Bow Creek/Butte Area Superfund Site
No abstract provided.
Butte Priority Soils Operable Unit (Bpsou) 2021- Unreclaimed Areas Quality Assurance Project Plan (Qapp), Request For Change (Rfc)-01, Mike Mcanulty
Butte Priority Soils Operable Unit (Bpsou) 2021- Unreclaimed Areas Quality Assurance Project Plan (Qapp), Request For Change (Rfc)-01, Mike Mcanulty
Silver Bow Creek/Butte Area Superfund Site
No abstract provided.
Remedial Payments In Agency Enforcement, Seema Kakade
Remedial Payments In Agency Enforcement, Seema Kakade
Faculty Scholarship
During the Obama Administration, the government settled many enforcement cases involving alleged violations of the nation’s federal statutes. The settlements have several requirements, including that the defendants pay money for beneficial projects to mitigate or offset harm directly or indirectly caused by defendant’s actions. For example, the government settled an environmental enforcement case against Volkswagen that included payments for environmental projects, and a mortgage enforcement case against Bank of America that included payments for housing education projects. These payments have spawned renewed criticism amongst conservative groups who have long claimed that payments for projects are mechanisms for agencies to get …
U.S.A. V. Nycha: Judge Pauley Rejects The Proposed Consent Decree, Ross Sandler
U.S.A. V. Nycha: Judge Pauley Rejects The Proposed Consent Decree, Ross Sandler
Other Publications
This post was originally published in U.S.A. v. NYCHA: Judge Pauley Rejects the Proposed Consent Decree - CityLand CityLand (citylandnyc.org)
The Radical Majoritarianism Of Rule 23(B)(2), Myriam E. Gilles, Gary Friedman
The Radical Majoritarianism Of Rule 23(B)(2), Myriam E. Gilles, Gary Friedman
Articles
One often reads that, “because of the group nature of the harm alleged and the broad character of the relief sought,” Rule 23(b)(2) classes are necessarily “homogenous and cohesive group[s] with few conflicting interests.” But that truism is debatable; at minimum, it begs the question of what counts as a “conflicting interest.” After all, class members often have conflicting positions with respect to the outcome of litigation — especially in significant injunctive-relief complex, structural reform cases of the type that Rule 23(b)(2) addresses. For example, it may be the case that a minority within an injunctive class would prefer to …
Lessons From Sec V. Citigroup: The Optimal Scope For Judicial Review Of Agency Consent Decrees, Dorothy S. Lund
Lessons From Sec V. Citigroup: The Optimal Scope For Judicial Review Of Agency Consent Decrees, Dorothy S. Lund
Faculty Scholarship
On November 28, 2011, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York in Manhattan declined to approve a consent judgment between the Securities and Exchange Commission (SEC) and Citigroup. Because Citigroup had not admitted or denied the allegations in the consent decree, Judge Rakoff concluded that he was unable to make an informed judgment about the merits of the settlement. Judge Rakoffs decision has garnered serious criticism from legal observers and rekindled discussion about the scope of judicial review of agency consent decrees, which have become a valuable agency enforcement tool. …
The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo
The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo
All Faculty Scholarship
On April 18-19, 2008, the University of Pennsylvania Law School hosted a landmark conference on “The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective.” This conference was the first major event for Penn’s newly established Center for Technology, Innovation, and Competition, a research institute committed to promoting basic research into foundational frameworks that will shape the way policymakers think about technology-related issues in the future. The breakup of AT&T represents an ideal starting point for reexamining the major themes of telecommunications policy that have emerged over the past quarter century. The conference featured a keynote address by …
The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod
The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod
Articles & Chapters
In an unexpected portion of its unanimous opinion in Frew v. Hawkins, 540 U.S. 431 (2004), the SupremeCourt broke new ground on an important question involving consent decrees. The case began when Texas state officials invoked the Eleventh Amendment in their resistance to a federal Medicaid consent decree. TheCourt quickly disposed of that argument, but Justice Anthony Kennedy, writing for the unanimous Court,took the opportunity to forcefully state that consent decrees that intrude on the policy making prerogatives of state and local officials more than is necessary to protect rights undercut the effective functioning of elected state and local governments. …
Police Reform And The Department Of Justice: An Essay On Accountability, Debra A. Livingston
Police Reform And The Department Of Justice: An Essay On Accountability, Debra A. Livingston
Faculty Scholarship
In 1994, Congress promulgated a significant piece of legislation that may prove to have an extremely important impact on the operation of local police departments. Section 14141 of Title 42, enacted as part of the Violent Crime Control and Law Enforcement Act of 1994, prohibits governmental authorities or those acting on their behalf from engaging in "a pattern or practice of conduct by law enforcement officials" that deprives persons of "rights, privileges, or immunities secured or protected by the Constitution or laws of the United States." Whenever the Attorney General has reasonable cause to believe that a violation has occurred, …
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver
Scholarly Works
In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decreea The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …
The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes
The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes
Publications
No abstract provided.