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Articles 31 - 53 of 53
Full-Text Articles in Law
Cercla Cleanup 2017.12.21: Response From Navy, Golden Gate University School Of Law
Cercla Cleanup 2017.12.21: Response From Navy, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Navy responding to Greenaction’s concerns with the ongoing cleanup provided in a letter to the Navy on August 22, 2017.
Cercla Cleanup 2017.08.22: Navy Not To Rely On Tetra Tech Data And Technical Grant, Golden Gate University School Of Law
Cercla Cleanup 2017.08.22: Navy Not To Rely On Tetra Tech Data And Technical Grant, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Comment letter asking the Navy to investigate the impact of Tetra Tech’s fraud by retesting surface and subsurface soils, and by interviewing witnesses and other relevant individuals related to the known fraud to uncover further instances and root causes of the fraud.
Nrc Petition To Revoke The License Of Tetra Tech Ec, Inc., Golden Gate University School Of Law
Nrc Petition To Revoke The License Of Tetra Tech Ec, Inc., Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Greenaction’s petition to the U.S. Nuclear Regulatory Commission to revoke Tetra Tech, EC, Inc.’s radiological materials license, dated June 28, 2017. A radiological materials license is required when a company or individual handles regulated radiological material. Based on testimony provided in attached declarations, the Petition provides evidence that Tetra Tech employees engaged in deliberate falsification of radiological remediation at the Shipyard. The Petition argues that Tetra Tech’s behavior violates NRC regulations and the only appropriate consequence is for the NRC to revoke its license.
Nrc Petition Exhibit N Declaration Of Robert Mclean, Golden Gate University School Of Law
Nrc Petition Exhibit N Declaration Of Robert Mclean, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Robert McLean in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.
Nrc Petition Exhibit D Declaration Of Archie Jackson, Golden Gate University School Of Law
Nrc Petition Exhibit D Declaration Of Archie Jackson, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Archie Jackson in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.
Nrc Petition Exhibit A – Declaration Of Elbert Bowers And Attachments, Golden Gate University School Of Law
Nrc Petition Exhibit A – Declaration Of Elbert Bowers And Attachments, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Bert Bowers in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.
Nrc Petition Exhibit E Declaration Of Arthur Jahr, Golden Gate University School Of Law
Nrc Petition Exhibit E Declaration Of Arthur Jahr, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Art Jahr in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.
Nrc Petition Exhibit C Declaration Of Susan Andrews, Golden Gate University School Of Law
Nrc Petition Exhibit C Declaration Of Susan Andrews, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Susan Andrews in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.
Nrc Petition Exhibit G Declaration Of Richard Stoney, Golden Gate University School Of Law
Nrc Petition Exhibit G Declaration Of Richard Stoney, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Richard Stoney in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.
Nrc Petition Exhibit B Declaration Of Anthony Smith, Golden Gate University School Of Law
Nrc Petition Exhibit B Declaration Of Anthony Smith, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Anthony Smith in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.
Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin
Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin
Research Collection Yong Pung How School Of Law
While there have been many legal studies of the European Union Emissions Trading Scheme (EU ETS), none seem to have considered the EU ETS from the perspective of private law, particularly the private law issues that stem from the ambiguous legal nature of the 'carbon credit'. Such ambiguity translates into regulatory uncertainty and business risks of the sort that occurred in Armstrong DLW GmbH v Winnington Networks Ltd [2013] Ch 156, an English case involving fraud and 'stolen' European Union Allowances (EUAs). From an environmental law and policy perspective, uncertainty does not bode well for the EU ETS's regulatory effectiveness …
Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar
Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar
St. Mary's Law Journal
Over the years, civilians and members of the military have falsely claimed honors “stealing” the valor, reputation and benefits bestowed upon actual medal recipients. Lawmakers have historically addressed this problem of stolen valor with criminal prosecution. In 2005, Congress passed the Stolen Valor Act, making it illegal for an individual to lie about receiving military awards. However, the constitutionality of the Stolen Valor Act of 2005 was challenged in United States v. Alvarez. The Supreme Court of the United States found that the act violated the First Amendment because it was a content-based restriction on speech regarding military service. Therefore, …
An Inconvenient Lie: Big Tobacco Was Put On Trial For Denying The Effects Of Smoking; Is Climate Change Denial Off-Limits?, Elizabeth Dubats
An Inconvenient Lie: Big Tobacco Was Put On Trial For Denying The Effects Of Smoking; Is Climate Change Denial Off-Limits?, Elizabeth Dubats
Northwestern Journal of Law & Social Policy
Plaintiffs have made several notable attempts to bring nuisance, trespass, and negligence suits against major sources of greenhouse gas emissions for climate change related injuries. While climate change is a widely recognized environmental issue, courts have refused to recognize it as a basis for a valid cause of action in tort, finding either petitioners lack standing to bring the claim, or that the claim raises political questions that should not be addressed by the judiciary. Some more recent climate change tort claims have also included allegations of fraud on the part of the hydrocarbon industry for actively perpetuating misinformation about …
Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank
Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank
St. Mary's Law Journal
Since the Enron debacle, shareholders have increasingly filed suit in state and federal courts to recoup financial losses resulting from fraudulent representations made by failing corporations. These shareholders have advanced common law misrepresentation claims against publicly traded companies for alleged fraudulent U.S. Securities and Exchange Commission (SEC) filings. Originally, the scope of liability for common law fraud was very narrow. This scope was later broadened in an attempt to provide protection to individuals commonly victimized by fraudulent behavior. Texas courts have gone to great lengths to ensure the “expectation of influencing conduct” requirement for common law fraud requires more than …
Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard
Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard
St. Mary's Law Journal
The Texas Supreme Court has failed to provide a bright-line test in determining whether reliance disclaimers are enforceable. A reliance disclaimer is a provision in a contract that disclaims all extra-contractual representations and provides that the contracting parties are not relying on any such representations. By including a reliance disclaimer, a contracting party may be attempting to immunize itself from liability for false statements made during negotiations. Even if a contracting party’s misrepresentations or non-disclosures were made with fraudulent intent, Texas law gives contracting parties broad freedom to contract around misrepresentation claims. In Forest Oil Corp. v. McAllen, the Texas …
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
St. Mary's Law Journal
In the wake of a defeat in arbitration, trial lawyers seek appellate counsel looking for some method to escape the arbitrator’s decision. Most leave such offices disappointed after having been informed arbitration awards will be set aside by the courts “only in very unusual circumstances.” The Federal Arbitration Act (FAA) fully endorses arbitration and liberally encourages its use as an alternative to traditional litigation. Consistent with Congress’ focus on speed, efficiency, and cost reduction, a critical goal of arbitration is to establish “finality” at the earliest possible point. Unfortunately, early finality is antithetical to robust appellate proceedings. Yet, the FAA …
'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii
'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
This essay introducing the June 2006 edition of the Federal Sentencing Reporter (Vol. 18, No. 5) describes two important contributions to the movement for real reform of the federal sentencing system. First, Professor Bowman summarizes the recommendations of the Constitution Project Sentencing Initiative (CPSI) report on federal sentencing. The CPSI report, reproduced in this Issue, cautions against any over-hasty legislative response to the Supreme Court's decision in United States v. Booker, suggests some near-term improvements to the existing federal sentencing system, and then sets out a framework for a reformed and markedly simplified federal sentencing regime. Second, Professor Bowman describes …
Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood
Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood
St. Mary's Law Journal
Child support programs across the nation are struggling to achieve even meager recovery of the financial support children need from their parents. Obtaining child support payments from men who are not fathers and who unknowingly signed their rights away is not a sound long-term policy. States must ensure that children are supported and their custodial mothers receive assistance from non-custodial fathers. Logically, the law should only compel a man to support a child he fathered. If a man chooses to assume not only the financial obligation but also the relationship which belongs to the biological father; then such agreement must …
Summary Of Recent Developments In Texas Legal Malpractice Law Symposium: Legal Malpractice And Professional Responsibility., Steve Mcconnico, Robyn Bigelow
Summary Of Recent Developments In Texas Legal Malpractice Law Symposium: Legal Malpractice And Professional Responsibility., Steve Mcconnico, Robyn Bigelow
St. Mary's Law Journal
Although the number of malpractice suits may not be increasing, the way plaintiffs are pleading these suits is changing dramatically and resulting in increased potential for attorney liability. Recent changes in the nature of liability led to increased potential for damages and a trend of high dollar settlements in malpractice cases. These changes may significantly impact the ability of lawyers in Texas to avoid liability while representing clients and preserving client confidences. Texas law generally limits malpractice claims to clients against their attorneys; but non-clients are increasingly succeeding in creatively pleading causes of action by alleging fraud, conspiracy, and negligent …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance law in the year 1998-1999.
The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy
The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy
St. Mary's Law Journal
Attorneys tend to be viewed antithetically, at once both greedy and manipulative, but also respected and admired. Given this odd mixture of respect and disdain, attorneys are fortunate to have generally avoided being targets as potential defendants. Nevertheless, circumstances in Texas have changed, creating a new legal climate wherein attorneys may soon become defendants of choice. Attorneys in Texas are at a significantly greater risk of becoming the subject of a malpractice suit than they were in the past. Yet, simply because statistics indicate an increase in the number of malpractice claims, this does not mean more malpractice is being …
Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling
Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling
St. Mary's Law Journal
In the absence of statutory authorization of interlocutory appeal, the writ of mandamus usually is the sole convenient remedy for an egregious trial court decision prior to judgment. The increasing number of mandamus petitions which annually invade the Texas appellate courts reflects the importance of the writ of mandamus. While once described as the “extraordinary” remedy, it is not uncommon for proceedings in a trial court to cease while a party seeks mandamus review of a controversial discovery ruling. One type of discovery rule which has not escaped mandamus review is the admission or exclusion of the testimony of witnesses …