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Full-Text Articles in Law
Causation In Fact In Omission Cases, David A. Fischer
Causation In Fact In Omission Cases, David A. Fischer
Faculty Publications
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
Faculty Articles
The subject of public international law is vast, rich and varied, thus offering the potential to explore many interrelated topics ranging from the lofty philosophical precepts of positivist and naturalist thought to the technical intricacies of international business transactions. Many of these topics are also historically relevant to the long and often inclement history of Mexican-U.S. relations. These include the law of war, peace and neutrality, self-determination, territory, recognition, and diplomatic and consular privileges and immunities. Regrettably, the allotment of time and space for the subject of public international law in the Joint Venture Program does not allow discourse on …
Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy
Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy
Law Faculty Scholarly Articles
In enacting the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), Congress intended to impose liability for hazardous substance cleanups on all parties responsible for a site's use and contamination. However, in implementing the CERCLA liability scheme, courts have issued opinions offering unclear and misguided explanations of their decisions. The author suggests that, to properly assure CERCLA's proper operation, the basis for the imposition of liability must be clarified. To this end, the author examines the prescribed liability for individuals, parent corporations and secured creditors and explains the appropriate grounds for the responsibility of each.