Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. Mary's University (26)
- University of Colorado Law School (25)
- Villanova University Charles Widger School of Law (19)
- Brigham Young University Law School (14)
- William & Mary Law School (12)
-
- Fordham Law School (11)
- Washington and Lee University School of Law (10)
- Pace University (8)
- Maurer School of Law: Indiana University (6)
- University of New Mexico (6)
- Golden Gate University School of Law (5)
- Selected Works (5)
- University of Michigan Law School (5)
- Chicago-Kent College of Law (4)
- University of Washington School of Law (4)
- American University Washington College of Law (3)
- Florida A&M University College of Law (3)
- UIC School of Law (3)
- University of Richmond (3)
- Columbia Law School (2)
- Penn State Law (2)
- Seattle University School of Law (2)
- University at Buffalo School of Law (2)
- University of Cincinnati College of Law (2)
- University of Kentucky (2)
- Cleveland State University (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Loyola University Chicago, School of Law (1)
- Mercer University School of Law (1)
- Keyword
-
- St. Mary’s Law Journal (21)
- St. Mary’s University School of Law (21)
- EPA (13)
- Environmental Law (11)
- International trade (10)
-
- International environmental law and practice (9)
- United States (6)
- Environmental Protection Agency (5)
- Environmental law (5)
- Legislation (5)
- Clean Air Act (4)
- Comprehensive Environmental Response (4)
- Environment (4)
- Fourteenth Amendment (4)
- Global warming (4)
- Hazardous waste (4)
- Land Use (4)
- NELMCC (4)
- Pollution (4)
- Surface water (4)
- U.S. Const. amend. XIV (4)
- CERCLA (3)
- Climate change (3)
- Colorado (3)
- Commerce Clause (3)
- Due Process Clause (3)
- Economics (3)
- Energy pollution (3)
- Environmental protection (3)
- Environmental regulation (3)
- Publication
-
- St. Mary's Law Journal (25)
- Villanova Environmental Law Journal (18)
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (16)
- Brigham Young University Journal of Public Law (13)
- Fordham Environmental Law Review (10)
-
- Washington and Lee Law Review (10)
- William & Mary Environmental Law and Policy Review (9)
- Natural Resources Journal (6)
- All Faculty Scholarship (4)
- Articles (4)
- Articles by Maurer Faculty (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- Pace Environmental Law Review (4)
- Publications (4)
- Books, Reports, and Studies (3)
- David A. Wirth (3)
- Faculty Publications (3)
- Faculty Scholarship (3)
- Journal Publications (3)
- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (3)
- UIC Law Review (3)
- Articles in Law Reviews & Other Academic Journals (2)
- California Senate (2)
- Faculty Articles (2)
- Faculty Articles and Other Publications (2)
- Indiana Law Journal (2)
- Penn State International Law Review (2)
- University of Richmond Law Review (2)
- Washington Law Review (2)
- William M. Tabb (2)
- Publication Type
- File Type
Articles 181 - 204 of 204
Full-Text Articles in Law
Transborder - Road Transportation., H.N. Cunningham Iii
Transborder - Road Transportation., H.N. Cunningham Iii
St. Mary's Law Journal
This Article is intended to serve as a primer for attorneys representing clients engaged in shipping, receiving, and transporting merchandise between points in the United States of Mexico (Mexico) and the United States of America. A “crazy quilt” of laws and regulations govern the rights, duties, and obligations of persons engaged in these activities. These laws include not only the constitutions and statutes of two independent nations, but also the laws and regulations of their various political subdivisions as well. Due to the breadth of this material, this Article’s treatment of the subject is general, providing an overview of the …
Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
St. Mary's Law Journal
In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …
Living In Limbo: Single Asset Reorganizations Within The Financially Distressed Fifth Circuit., Thomas J. Meaney
Living In Limbo: Single Asset Reorganizations Within The Financially Distressed Fifth Circuit., Thomas J. Meaney
St. Mary's Law Journal
Abstract Forthcoming.
Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia
Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia
Journal Articles
Lead poisoning has become one of the most widespread and serious environmental diseases facing children in the United States. In response to the problem of childhood lead exposure, the Environmental Protection Agency (EPA) has promulgated expansive regulations to reduce drinking water lead levels. However, the regulations are not without significant gaps and shortfalls. Many improvements that the EPA requires need not be in place for years, and some households at risk of unsafe lead exposure receive no regulatory protection at all. One question that arises amidst these regulatory gaps is whether a plaintiff can hold a public water system liable …
The Agency For International Development And Nepa: A Duty Unfulfilled, Gary M. Ernsdorff
The Agency For International Development And Nepa: A Duty Unfulfilled, Gary M. Ernsdorff
Washington Law Review
The National Environmental Policy Act (NEPA) establishes the Nation's environmental policy and creates a set of procedures necessary to fulfill that policy. The Agency for International Development (A.I.D.) narrowly interprets the application of NEPA's procedures and has adopted a less rigorous set of environmental evaluation procedures. This Comment examines A.I.D.'s procedures, notes their deficiencies, and suggests that Congress should amend NEPA to require A.I.D. and all agencies to utilize NEPA procedures.
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.
Cleaning House: Environmental Hazards Can Undermine A Property's Use And Value, Michael B. Gerrard
Cleaning House: Environmental Hazards Can Undermine A Property's Use And Value, Michael B. Gerrard
Faculty Scholarship
Numerous horror movies and books depict the woes that befall fictional homeowners who don't know or care that they are living too close to cemeteries or brooding woods or scenes of hauntings.
However, even the vivid imaginations of filmmakers and novelists can't conjure up some of the real-life horrors that environmental hazards can create for property owners. These hazards can destroy the value and salability of property, render it unusable for its intended purpose, and burden owners with clean-up costs, fines and lawsuits.
Fortunately, an alert eye and inexpensive tests can identify most common environmental dangers.
Rcra And The Responsible Corporate Officer Doctrine: Getting Tough On Corporate Offenders By Sidestepping The Mens Rea Requirement, Ronald M. Broudy
Rcra And The Responsible Corporate Officer Doctrine: Getting Tough On Corporate Offenders By Sidestepping The Mens Rea Requirement, Ronald M. Broudy
Kentucky Law Journal
No abstract provided.
On Integrated Pollution Control, James E. Krier
On Integrated Pollution Control, James E. Krier
Articles
Integrated pollution control, or IPC, can be defined for now as an approach to environmental regulation that "seeks particularly to link air, water, and waste programs. Its concern is institutional changes that reduce total risk to the environment from pollutants." 8 This sounds remarkably appealing, which perhaps explains IPC's recurring popularity. As we shall see, it enjoyed a brief celebrity about twenty years ago, and it is once again in vogue-especially within the U.S. Environmental Protection Agency (EPA).
Is the Agency's recent interest in IPC a good thing? We worry that it is not. First of all, IPC has an …
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
St. Mary's Law Journal
The 1992 presidential candidacy of Jerry Brown, who called for campaign contribution limits, has reignited the issue of campaign finance reform. Indeed, the United States Supreme Court has recognized the importance of campaign finance reform as a judicial issue. The importance of this issue is marked by the Court’s continued willingness to address the regulation of campaign finance since the 1976 landmark case of Buckley v. Valeo. The case of Austin v. Michigan Chamber of Commerce emphasized the somewhat confused nature of the Supreme Court’s campaign finance reform decisions. The Supreme Court and state legislatures will likely continue to address …
The Evolution Of Government Liability Under Section 1983., Christopher J.M. Pettit
The Evolution Of Government Liability Under Section 1983., Christopher J.M. Pettit
St. Mary's Law Journal
The Fourteenth Amendment of the United States Constitution provides in order to enforce the law, Congress shall have the power to pass enabling legislation. In the exercise of this power, Congress enacted the Civil Rights Act of 1871, to implement the prohibition of slavery as required by the Thirteenth Amendment. Although the Thirteenth Amendment abolished the institution of slavery, discriminatory actions by private citizens remained prevalent. During the period following reconstruction, congressional legislation shifted focus from prohibiting state action to prohibiting the actions of private individuals who violated the civil liberties of others. Through the passage of the Civil Rights …
Privitization Of The Mexican Banking System: Quetzalcoatl And The Bankers., John P. Cogan Jr.
Privitization Of The Mexican Banking System: Quetzalcoatl And The Bankers., John P. Cogan Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Limiting Punitive Damages: A Placebo For America's Ailing Competitiveness., Jimmie O. Clements Jr.
Limiting Punitive Damages: A Placebo For America's Ailing Competitiveness., Jimmie O. Clements Jr.
St. Mary's Law Journal
This Comment will discuss Vice President Dan Quayle’s proposed legislation by reviewing the history of punitive damages and providing an overview of current state legislation. Thereafter, this Comment debunks the theory of an unruly punitive damage system and analyzes the impact of a punitive damages cap on competitiveness, quality, safety and the doctrine’s underlying goals. On August 13, 1991, Vice President Quayle, as head of the President’s Council on Competitiveness (the Council), addressed the American Bar Association’s annual meeting. He announced a fifty-point proposal designed to improve the civil justice system. Vice President Quayle proposed, inter alia, a cap on …
Admissibility Of A Rape Victim's Prior Sexual Conduct In Texas: A Contemporary Review And Analysis., James A. Vaught, Margaret Henning
Admissibility Of A Rape Victim's Prior Sexual Conduct In Texas: A Contemporary Review And Analysis., James A. Vaught, Margaret Henning
St. Mary's Law Journal
The treatment of rape victims in criminal prosecutions has become and remains a matter of intense public and legal interest in America. The conventional use of evidence of a rape complainant's prior sexual history in rape prosecutions was a major focus of the rape reform movement. A major consequence of the movement for reform is the federal government and forty-nine states enacting rape shield laws limiting the admissibility of evidence concerning the complainant’s sexual history in rape prosecution. This article analyzes the admissibility of evidence of a rape complainant’s prior sexual conduct from its common law origins concentrating on the …
Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon
Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon
St. Mary's Law Journal
Real estate lawyers traditionally focused on the applicable zoning ordinances of the governing municipality. Real estate lawyers also are familiar with applicable subdivision ordinances, which typically impose additional limitations on the use of real property. Subdivision platting was originally envisioned as a procedure to ensure orderly development of property within the jurisdiction of a municipality. Many local land use regulations promulgated in recent years focus on the “environment” and purport to be necessary to conserve and protect natural resources. A complex network of federal and state statutes now exists which regulates the use of real property in order to protect …
Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash
Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash
St. Mary's Law Journal
Throughout legal history, courts have wrestled with scientific evidence. Sometimes the courts admitted invalid evidence disguised as science. In the 1920’s, courts developed a very limited standard of admissibility for scientific evidence. Under the Frye test, a scientific expert’s conclusion was inadmissible unless the conclusion was generally accepted by the scientific community. Although this prevented “junk science” from invading courtrooms, it also protected invalid scientific evidence already present in the system and restricted using new, but valid, scientific techniques. In response, many jurisdictions developed more liberal evidentiary standards. The liberal standards averted the “cultural lag” for which Frye was criticized …
Joint Ventures In Mexico: A Current Perspective., Rona R. Mears
Joint Ventures In Mexico: A Current Perspective., Rona R. Mears
St. Mary's Law Journal
The Article is intended to go beyond legal issues, to address core practical considerations in forging successful U.S.-Mexico joint ventures. Opportunities unmatched in Mexico’s history are now available for foreign investors and traders doing business in Mexico. This Article will begin by presenting a historical perspective on joint venturing in Mexico and then contrast it with an examination of current uses of joint ventures in Mexico. It will also highlight the traditional advantages of strategic business alliances. Following is a detailed review of structuring the Mexican joint venture. Finally, this Article identifies strategies for dealing with practical issues which arise …
Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss
Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the "instrument of trade" leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.
Courting Public Opinion, Ross Sandler
Environmental Reform Of The Multilateral Development Banks, David Wirth
Environmental Reform Of The Multilateral Development Banks, David Wirth
David A. Wirth
No abstract provided.
Environmental Law: Selected Statutes And Regulations, William Tabb, Linda Malone
Environmental Law: Selected Statutes And Regulations, William Tabb, Linda Malone
William M. Tabb
No abstract provided.
Environmental Law: Cases And Materials, William Tabb, Linda Malone
Environmental Law: Cases And Materials, William Tabb, Linda Malone
William M. Tabb
No abstract provided.
The North American Free Trade Agreement And U.S. Environmental Law, David A. Wirth
The North American Free Trade Agreement And U.S. Environmental Law, David A. Wirth
David A. Wirth
No abstract provided.
A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth
A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth
David A. Wirth
No abstract provided.