Law Commons^™

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Timothy J. Considine, School of Energy Resources, Department of Economics and Finance, University of Wyoming

15 slides

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"

Taking Compensation Private, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

In light of the expansive interpretation of the ""public use"" requirement, the payment of ""just compensation"" remains the only meaningful limit on the government's eminent domain power and, correspondingly, the only safeguard of private property owners' rights against abusive takings. Yet, the current compensation regime is suboptimal. While both efficiency and fairness require paying full compensation for seizures by eminent domain, current law limits the compensation to market value. Despite the virtual consensus about the inadequacy of market compensation, courts adhere to it for a purely practical reason: there is no way to measure the true subjective value of property …

Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin

Scholarly Works

No abstract provided.

Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank

Faculty Articles and Other Publications

During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.

Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations and instead …

The Esa: Oil And Water?, Joseph L. Sax

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

4 pages.

Public Land Management Decisions Affecting Water Rights: The Issue Of Requiring By- Pass Flows As A Condition Of National Forest Special Use Permits For Water Facilities, David H. Getches

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

12 pages.

What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

6 pages.

Property Rights And Public Resources, Mark L. Pollot

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

7 pages.

Water Development, Wildlife And Recreation: Panel, Charles W. Howe

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

32 pages.

Contains 5 pages of footnotes and tables and 2 pages of references.

Includes a paper: "Option Value: Empirical Evidence from a Case Study of Recreation and Water Quality" by Douglas A. Greenley, Richard G. Walsh and Robert A. Young. A final version of this paper was published in 96(4) The Quarterly Journal of Economics (1981): 657-673.

Agenda: Getting A Handle On Hazardous Waste Control, University Of Colorado Boulder. Natural Resources Law Center

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

The conference chairman was University of Colorado School of Law professor Lawrence J. MacDonnell.

During the past ten years Congress has made the regulation of hazardous waste a priority. This conference focuses on the Resource Conservation and Recovery Act, as amended in 1984, and the Comprehensive Environmental Response, Compensation and Liability Act.

This conference attracted about 100 registrants from 16 states plus the District of Columbia. John G. Welles, Regional Director for EPA Region 8, presented a luncheon address.

Compensation For Loss Of Earning Capacity, Robert R. Wright

Faculty Scholarship

No abstract provided.

The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake

Articles

AIthough our text-books say that the rule of certainty is "more fundamental than any rule of compensation because compensation is allowed or disallowed subject to it," (cf. SEDGWICK, EL. or DAMAGES, p. 12) nevertheless the tendency of the courts seems to be to save the equitable principle of compensation at the expense of certainty. A striking illustration of this is found in a recent case in the Court of Appeal, Chaplin v. Hicks, C. A. [1911] 2 K. B. 786. The defendant, a theatrical manager, agreed to give positions as actresses to persons chosen by the votes of the readers …