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Articles 1 - 30 of 94
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Federal Tax Treatment Of Environmental Clean-Up Costs: An Ever Changing Doctrine , Joan M. Swartz
Federal Tax Treatment Of Environmental Clean-Up Costs: An Ever Changing Doctrine , Joan M. Swartz
Journal of Environmental and Sustainability Law
No abstract provided.
Allowing States To Avoid Accountability: A Death Knell For Private Enforcement Of Federal Environmental Laws? Seminole Tribe Of Florida V. Florida, Melissa Mcallister
Allowing States To Avoid Accountability: A Death Knell For Private Enforcement Of Federal Environmental Laws? Seminole Tribe Of Florida V. Florida, Melissa Mcallister
Journal of Environmental and Sustainability Law
No abstract provided.
What Happened?: U.S. District Court Rules Cercla Not Retroactive And Unconstitutional Under The Commerce Clause. United States V. Olin Corp. , Mitch Burgess
What Happened?: U.S. District Court Rules Cercla Not Retroactive And Unconstitutional Under The Commerce Clause. United States V. Olin Corp. , Mitch Burgess
Journal of Environmental and Sustainability Law
No abstract provided.
Eighth Circuit Declares New Law For Owners Of Land Encumbered By Fws Easements: Drain Those After-Expanded Wetlands, But Ask Nicely First. United States V. Johansen, Laura Krasser
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
Standing For Potentially Responsible Parties Under Sec. 107 And 113 Of Cercla: Laidlaw Waste Systems Inc. V, Mallinckrodt Specialty Chemicals , Edward S. Stevens
Standing For Potentially Responsible Parties Under Sec. 107 And 113 Of Cercla: Laidlaw Waste Systems Inc. V, Mallinckrodt Specialty Chemicals , Edward S. Stevens
Journal of Environmental and Sustainability Law
No abstract provided.
Law Of Directed Trustees Under Erisa: A Proposed Blueprint For The Federal Courts, The, Colleen E. Medill
Law Of Directed Trustees Under Erisa: A Proposed Blueprint For The Federal Courts, The, Colleen E. Medill
Missouri Law Review
Congress enacted the Employee Retirement Income Security Act ("ERISA"), the federal law governing private employer-sponsored employee benefit plans, over twenty years ago. Since that time, private retirement plan funds have become an even more dominant element of United States savings and capital markets. In 1992, the most recent year for which data is available, private retirement plan assets exceeded two trillion dollars, almost a ten-fold increase over 1975 asset levels. "Discretionary" trustees have exclusive discretionary authority to manage and control plan assets.' "Directed" trustees manage and control plan assets subject to the directions of another fiduciary named in the document …
Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne
Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne
Missouri Law Review
The following bibliography was compiled to assist lawyers and scholars in researching agricultural law topics.
Everything You Wanted To Know About Missouri's Public Policy Exception But Didn't Know You Should Ask, Joseph H. Knittig
Everything You Wanted To Know About Missouri's Public Policy Exception But Didn't Know You Should Ask, Joseph H. Knittig
Missouri Law Review
In a wrongful discharge action based on the public policy exception to the employment-at-will doctrine courts created a sleeper claim favoring terminated at will employees.' Generally, Missouri courts categorically constrain the public policy exception in a narrow and clear cut fashion. However, some Missouri courts pushed and rubbed at the bright lines of those categories and created a hazy area of unpredictability in the exception. In addition, federal courts interpreting the Missouri public policy exception introduced a significant pre-emption dispute which Missouri state courts have yet to address.
Life After Adarand: The Future Is Not So Clear, Charles J. Dykhouse
Life After Adarand: The Future Is Not So Clear, Charles J. Dykhouse
Missouri Law Review
African-American scholar and statesman W.E.B. DuBois "predicted in 1908 that the question of this century would be the 'color-line,' meaning the relations between the white and African-American races." The Supreme Court of the United States has now decided in Adarand that any such program, whether federal, state, or local, must be analyzed with strict scrutiny to determine if it violates the Equal Protection Clause. In so doing, the Court dramatically changed the landscape of affirmative action programs in this country.
Stepparent Adoption And Involuntary Termination Of Parental Rights: When Petitioners Come To Court With Unclean Hands, Karl A. W. Demarce
Stepparent Adoption And Involuntary Termination Of Parental Rights: When Petitioners Come To Court With Unclean Hands, Karl A. W. Demarce
Missouri Law Review
Missouri courts have repeatedly been presented with situations where the petitioners for involuntary termination of parental rights and stepparent adoption have actively interfered with the non-custodial parent's relationship and visitation rights with the child, prior to bringing the action. This Note contends that where the custodial parent and his/her new spouse have significantly interfered with the non-custodial parent's relationship with the child, the equitable maxim of "unclean hands" should be invoked and the doors of the juvenile court closed to the petitioners seeking a termination of parental rights and stepparent adoption.6 Although adoption is a purely statutory action, it clearly …
Balancing The Equities: Is Missouri Adopting A Progressive Rule For Relocation Of Easements, Douglas B. Harris
Balancing The Equities: Is Missouri Adopting A Progressive Rule For Relocation Of Easements, Douglas B. Harris
Missouri Law Review
The Missouri law of easements might not be the place one would expect to find a progressive development of the law. Over the past four decades, some courts have begun to shake up Missouri's approach to relocation of easements, while still paying lip service to the old rules. Although Missouri courts have neither openly nor uniformly recognized the new approach, it nonetheless guides some courts' decisions. With a few distinctions, Missouri courts have experimented with what amounts to adoption of the Restatement (Third) of the Law of Property's progressive stance.' An examination of Umphres reveals this modem approach to a …
Active Employment Standard: Much-Needed Clarification For Determining Liability For Use Of A Weapon During The Commission Of A Drug-Related Crime, The, Tiffany Gulley Becker
Active Employment Standard: Much-Needed Clarification For Determining Liability For Use Of A Weapon During The Commission Of A Drug-Related Crime, The, Tiffany Gulley Becker
Missouri Law Review
In Bailey v. United States, the Supreme Court reduced the confusion caused by an era of contradiction among the circuits regarding the standard necessary to maintain a conviction for "us[ing]" a firearm "during and in relation to" a drug trafficking crime. In its seeming departure from an earlier authorization of a broad definition of "use," the Supreme Court altered its course and provided a new and clearer test for criminal liability under this section. In so doing, the Court settled the ultimate question debated so intensely in the circuit courts of appeal and emerged with a more workable standard.
Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, The, Mary Sarah Bilder
Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, The, Mary Sarah Bilder
Missouri Law Review
People are articles of commerce, or so the United States Supreme Court held in 1941, emphasizing that the issue was "settled beyond question." At the time, Justice Jackson expressed some discomfort with the theory that "the migrations of a human being... [are] commerce." The Court, however, has not wavered from this analytical position. Indeed, like many legal constructs, it has inspired little reflection. My hope is to search for what Toni Morrison describes as "the shadows of the presence from which the text has fled."" I believe that the Court's nineteenth-century opinions on immigration under the Commerce Clause reveal the …
Determining The Timeliness Of A Securities Claim Filed For Arbitration: Substantive Eligibility Requirement Or Procedural Statute Of Limitations, Carla K. Williams
Determining The Timeliness Of A Securities Claim Filed For Arbitration: Substantive Eligibility Requirement Or Procedural Statute Of Limitations, Carla K. Williams
Journal of Dispute Resolution
This Comment will focus on the development of this debate, the positions taken by the courts, and a possible resolution of these issues by the SROs themselves.9 Specifically, Part II briefly discusses the development of arbitration in the United States; Part III discusses the issues surrounding the debate, including what positions the courts have taken; and Part IV discusses the possible resolution of this debate by amendment to the SRO codes.
Judicial Review Of Contract Interpretation By Labor Arbitrators: Whose Brand Of Industrial Justice - Houston Lighting & (And) Power Co. V. Int'l Bhd. Of Elec. Workers, Local Union No. 66, Michael G. Munsell
Journal of Dispute Resolution
The United States Supreme Court has prescribed the deference owed to an arbitrator's interpretation of labor agreements. The Court's decisions have made clear the narrow grounds upon which an arbitration award may be reversed. In Houston Lighting & Power Co. v. Int'l Bhd of Elec. Workers, Local Union No. 66, the employer claimed that the labor arbitrator had exceeded his authority by misinterpreting the labor agreement. The Fifth Circuit Court of Appeals had to weigh the policy of deference to the arbitrator's interpretation against the need to ensure that the arbitrator acted within the authority which the parties to the …
Danger-Inequality Of Resources Present: Can The Environmental Mediation Process Provide An Effective Answer, Elaine Smith
Danger-Inequality Of Resources Present: Can The Environmental Mediation Process Provide An Effective Answer, Elaine Smith
Journal of Dispute Resolution
The environmental dispute resolution field has grown rapidly since its advent in 1973, when two mediators, Gerald Cormick and Jane McCarthy, undertook the first documented attempt to settle an environmental dispute.' Since this initial effort, the use of mediation in environmental disputes has grown rapidly, leading to the continual evolution and improvement of the field. Despite this progress, mediation in environmental disputes remains as it began: a hotly contested issue, with prominent and influential commentators vigorously debating whether it is an appropriate device to resolve environmental disputes
Primer On Competitive Bargaining, A, Gary Goodpaster
Primer On Competitive Bargaining, A, Gary Goodpaster
Journal of Dispute Resolution
The aim of this Article is to explore the competitive bargaining strategy in depth. Because competitive negotiation behavior is common, and sometimes advisable, one must understand it well to master negotiation practice. Knowing how competitors operate enables a negotiator to recognize competitive bargaining when it occurs and to deal with it affirmatively by transforming a competitive negotiation into a cooperative one or defensively by countering competitive moves. Furthermore, even parties who negotiate cooperatively sometimes compete. For example, negotiators may create a win-win situation by cooperating to "increase the size of the pie" to be divided between them. Nonetheless, they still …
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Journal of Dispute Resolution
Formal dispute resolution, long thought to be the province of the state, seems to have piqued the interest of the private sector in recent years as a possible sphere of activity. In settings where courts are clogged and criminal cases are forcing civil cases off the calendar, where public juries are perceived as "out of control," and where many individuals are disillusioned with incremental tort reform; a growing number of private individuals are selling their services as neutrals to facilitate dispute resolution. For-profit firms, both independent and national networks, are springing up and positioning themselves in major metropolitan areas. Nonprofit …
Standards Of Arbitrator Impartiality: How Impartial Must They Be - Lifecare International, Inc. V. Cd Medical, Inc., Elizabeth A. Murphy
Standards Of Arbitrator Impartiality: How Impartial Must They Be - Lifecare International, Inc. V. Cd Medical, Inc., Elizabeth A. Murphy
Journal of Dispute Resolution
One of the most crucial aspects of the arbitrator's role is neutrality. For arbitration proceedings to achieve a fair resolution of disputes, the arbitrator must make his decision without bias. All jurisdictions allow vacation of arbitration awards where there is "evident partiality" on the part of an arbitrator appointed as neutral. The application of this "evident partiality" test, however, has yielded widely varying results. Moreover, most state and federal courts apply a lower standard of impartiality to arbitrators than they apply to judges. The reason for this lower standard is that the parties consented to a less than perfect tribunal …
Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine
Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine
Journal of Dispute Resolution
It has long been assumed that the Constitution prohibited the United States government from entering binding arbitration as a party. The Department of Justice recently re-examined the issue and concluded that there is no absolute constitutional bar to government participation in binding arbitration.' Tenaska is the first reported court decision to adopt the Department of Justice's new reasoning. The court in Tenaska Washington Partners II v. The United States held that a dispute between a private party and a governmental agency must be submitted to binding arbitration when the parties' voluntary agreement contains an arbitration clause.'
Recent Developments: The Uniform Arbitration Act, Dana A. Chamblee, Matthew S. Darrough, Reachel A. Jennings, Trina R. Ricketts
Recent Developments: The Uniform Arbitration Act, Dana A. Chamblee, Matthew S. Darrough, Reachel A. Jennings, Trina R. Ricketts
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia.2 The goal of this project is to promote uniformity in the interpretation of the U.A.A. by analyzing the various underlying policies and rationales of recent court decisions interpreting the U.A.A. '
Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus
Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus
Journal of Dispute Resolution
The impasse doctrine in collective bargaining allows limited unilateral action by an employer when a good-faith deadlock in negotiations is reached between the employer and employees' representatives. This doctrine is a judicial invention used to reconcile the dual mandate of the National Labor Relations Act: to enforce the duty of good-faith bargaining while not compelling parties to accept agreements or make concessions. Traditionally, the impasse doctrine has been viewed as a tool to promote an ongoing bargaining process; more recently, it has been viewed as a terminal point in the negotiation process. By broadening the definition of impasse, courts ascribing …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Aircraft Overflights As A Fifth Amendment Taking: The Extension Of Damages For The Loss Of Potential Future Uses To Aviation Easements. Brown V. United States, Scott P. Keifer
Journal of Environmental and Sustainability Law
No abstract provided.
Determining A "Final Action" Of The Epa For Purposes Of Exclusive Jurisdiction In The Federal Courts Of Appeals: Does A Constitutional Challenge Qualify? Virginia V. United States , Rachel Craig
Journal of Environmental and Sustainability Law
No abstract provided.