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Articles 1 - 6 of 6
Full-Text Articles in Law
Corporate Life After Death: Cercla Preemption Of State Corporate Dissolution Law, Audrey J. Anderson
Corporate Life After Death: Cercla Preemption Of State Corporate Dissolution Law, Audrey J. Anderson
Michigan Law Review
This Note discusses CERCLA's preemption of state corporate dissolution law. Although CERCLA contains a preemption clause intended to specify CERCLA's relationship with other laws, this clause addresses only state laws that impose stricter standards than those contained in CERCLA, and does not address state laws that, like dissolution laws, remove liability from a party otherwise liable under CERCLA. Courts, therefore, have also looked to section 107 of CERCLA, which imposes liability against specified parties "[n]notwithstanding any other provision or rule of law," to determine CERCLA's general relationship with state law. Through such an analysis, courts have agreed that CERCLA does …
Information Economics And Chemical Toxicity: Designing Laws To Produce And Use Data, Mary L. Lyndon
Information Economics And Chemical Toxicity: Designing Laws To Produce And Use Data, Mary L. Lyndon
Michigan Law Review
Just as laws may create entitlements to the use of information, they may also be written to distribute information and to encourage information production. This Article discusses the ways in which law affects the generation and distribution of information related to chemical exposure and toxicity. It describes the economic impact of recently enacted right-to-know laws and proposes that better and more abundant data could be produced if the law paid greater attention to basic economic principles that influence research and information systems.
Environmental Faust Succumbs To Temptations Of Economic Mephistopheles, Or, Value By Any Other Name Is Preference, Carol M. Rose
Environmental Faust Succumbs To Temptations Of Economic Mephistopheles, Or, Value By Any Other Name Is Preference, Carol M. Rose
Michigan Law Review
A Review of The Economy of the Earth: Philosophy, Law, and the Environment by Mark Sagoff
Stratospheric Ozone Depletion: A Challenge For International Environmental Law And Policy, Ved P. Nanda
Stratospheric Ozone Depletion: A Challenge For International Environmental Law And Policy, Ved P. Nanda
Michigan Journal of International Law
The first part of the article addresses the phenomenon of stratospheric ozone depletion, noting significant recent developments, and discussing their ramifications. This is followed by an inquiry into pertinent international and U.S. responses to ozone depletion. Recent developments in international environmental law provide an appropriate context for this inquiry. The adequacy of these responses is assessed in the next section. Recommendations follow in the concluding section.
The Political Economy Of Barry Commoner, James E. Krier
The Political Economy Of Barry Commoner, James E. Krier
Articles
The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
Michigan Journal of International Law
The purpose of this paper is to present arguments that may provide support for the continuation of the international antidumping regime, and in certain measure, for the continuation of national antidumping rules. It steers an often difficult course between advocating tighter controls on the use of antidumping actions as protectionist measures, and their use to prevent potentially harmful dumping. However, this paper does not attempt to define how to produce a rational antidumping-type system, but merely provides some standards for assessing whether that system is sensible.