Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (21)
- Administrative Law (2)
- Earth Sciences (2)
- Health Law and Policy (2)
- Immigration Law (2)
-
- International Law (2)
- Jurisprudence (2)
- Law and Society (2)
- Legal Ethics and Professional Responsibility (2)
- Military, War, and Peace (2)
- Oceanography and Atmospheric Sciences and Meteorology (2)
- Oil, Gas, and Mineral Law (2)
- Physical Sciences and Mathematics (2)
- State and Local Government Law (2)
- Antitrust and Trade Regulation (1)
- Bankruptcy Law (1)
- Land Use Law (1)
- Legislation (1)
- Science and Technology Law (1)
- Tax Law (1)
- Institution
-
- Duke Law (8)
- Vanderbilt University Law School (5)
- Cornell University Law School (2)
- Maurer School of Law: Indiana University (2)
- Northern Illinois University (2)
-
- St. Mary's University (2)
- University of Kentucky (2)
- Washington and Lee University School of Law (2)
- Fordham Law School (1)
- Notre Dame Law School (1)
- Schulich School of Law, Dalhousie University (1)
- Selected Works (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Oklahoma College of Law (1)
- University of South Carolina (1)
- Widener Law (1)
- Publication
-
- Duke Environmental Law & Policy Forum (7)
- Vanderbilt Law School Faculty Publications (4)
- Indiana Law Journal (2)
- John C. Dernbach (2)
- Law Faculty Scholarly Articles (2)
-
- Northern Illinois University Law Review (2)
- St. Mary's Law Journal (2)
- Washington and Lee Law Review (2)
- Cornell International Law Journal (1)
- Cornell Law Review (1)
- Dalhousie Law Journal (1)
- Duke Journal of Comparative & International Law (1)
- Fordham Law Review (1)
- Journal Articles (1)
- Oklahoma Law Review (1)
- Publications (1)
- South Carolina Law Review (1)
- UF Law Faculty Publications (1)
- Vanderbilt Journal of Transnational Law (1)
- Publication Type
Articles 31 - 34 of 34
Full-Text Articles in Law
Environmental Law: The Clean Water Act--Understanding When A Concentrated Animal Feeding Operation Should Obtain An Npdes Permit, Jeff L. Todd
Oklahoma Law Review
No abstract provided.
The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy
The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy
Law Faculty Scholarly Articles
This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.
After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by …
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
Journal Articles
Environmental law and theories of statutory interpretation have developed side by side in the United States during the past twenty-five years. Many of the leading environmental law cases are also statutory interpretation cases. China is different. China has enacted many environmental statutes, often patterned after foreign laws such as those in the United States, but there are no Chinese environmental law statutory interpretation cases.
This article examines why there are no such cases, and what we may learn from that fact. I am indebted to the work of Professor Stewart, whose engaging article in this symposium issue combines three of …
The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article is the second in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first installment (in the Duke Law Journal), this work develops an evolutionary theory of legal systems as CAS. It suggests that long-term fitness of the legal system will require use of innovative, adaptive legal institutions and instruments.