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Articles 1 - 30 of 69
Full-Text Articles in Law
Can We Secure The Hallowed Halls Of Academe?, Denis Binder
Can We Secure The Hallowed Halls Of Academe?, Denis Binder
Denis Binder
Perspectives On Forty Years Of Environmental Law, Denis Binder
Perspectives On Forty Years Of Environmental Law, Denis Binder
Denis Binder
The Year In Review, Denis Binder
The Next Threshold In Medical Monitoring, Denis Binder
The Next Threshold In Medical Monitoring, Denis Binder
Denis Binder
Tobacco litigation has been with us for 6 ½ decades. The related field of Toxic Torts is 3 decades old. Both have common and overlapping issues of causation, damages, discovery, and theories of relief, but with the exception of a few cases involving asbestos and tobacco, they have generally existed in parallel legal universes. A recent Massachusetts opinion, Donovan v. Philip Morris USA, Inc. has finally woven them together in a novel case applying the Toxic Torts remedy of medical monitoring for sub-clinical injuries in a tobacco case.
Legal Liability For Dam Failures, Denis Binder
Legal Liability For Dam Failures, Denis Binder
Denis Binder
Although major dams are not designed or intended to fail, the unexpected may occur with tragic consequences. In the unlikely event of such a tragedy, the legal system has a full panoply of remedies available to compensate the victims and their families for the losses incurred. While each state is a separate jurisdiction free to adopt its own legal rules, regulations and theories of relief, the states will generally utilize the common-law theories of negligence and strict liability in awarding relief. Many steps can be taken to minimize the risks of failure. Potential damages include the traditional common law compensatory …
In Memoriam: Donald J. Dunn (1945-2008), Denis Binder
In Memoriam: Donald J. Dunn (1945-2008), Denis Binder
Denis Binder
No abstract provided.
Giving Direction To Discretion, Denis Binder
Giving Direction To Discretion, Denis Binder
Denis Binder
The common law established the doctrine of sovereign immunity whereby the government is not civilly liable for its misdeeds. The Supreme Court in 1821 adopted the doctrine for lawsuits against the United States. Legislatures can abrogate sovereign immunity. To a greater or lesser extent, all jurisdictions have done so in the United States. Congress enacted the Federal Tort Claims Act (FTCA) in 1946 to impose liability against the federal government for acts of negligence, as determined by the law of the place where the act or omission occurred. However, a major exception in the FTCA exists for the performance of …
Book Review: S. Lerner, Diamond: A Struggle For Justice In Louisiana's Chemical Corridor, Denis Binder
Book Review: S. Lerner, Diamond: A Struggle For Justice In Louisiana's Chemical Corridor, Denis Binder
Denis Binder
No abstract provided.
Meaty, Beaty, Big And Monopolistic: The Story Of General Motors, Denis Binder
Meaty, Beaty, Big And Monopolistic: The Story Of General Motors, Denis Binder
Denis Binder
Detroit, General Motors, and the American automobile industry have been in a progressive decline for decades. Millions of jobs, union and non-union, have been lost, scores of plants shuttered, and the Michigan economy left reeling. I wrote an unpublished manuscript 35 years ago, positing that as a monopoly, or "quasi-monopoly," GM should be broken up for the good of America. Its stultifying power limited innovation and competitiveness among Detroit's Big Three as prices skyrocketed, quality deteriorated, safety languished, and fuel economy suffered. The general rule became: "Don't buy a Detroit car built on Monday, Friday, the first day of hunting …
The Changing Paradigm In Public Legal Education, Denis Binder
The Changing Paradigm In Public Legal Education, Denis Binder
Denis Binder
The nation's founding fathers, led by Thomas Jefferson and Benjamin Franklin, envisioned a democracy based upon a highly educated population. The public universities were founded to fulfill that mission. Professional schools, such as law, medicine, engineering, and business soon followed. The public higher education system was one of America's greatest achievements by the end of the Twentieth Century. The nation's flagship public universities, masters colleges, and community colleges educate 80% of the nation's college students. However, state budget cuts in recent years reflect systemic changes in public financing from discretionary spending, especially higher education, to mandates and entitlements. The public …
The Disinvestment In Public Higher Education, Denis Binder
The Disinvestment In Public Higher Education, Denis Binder
Denis Binder
America's rise in the World has many reasons. One of the most siginificant is upper mobility. Americans are not limited by caste, class, ethnic background, national origin, religion, race, skin color, accent, or gender. The key to success for most Americans is a system of higher education par excellence. Education was viewed as one of the distinguishing characteristics of the New World. Harvard was initially funded by a grant from the General Court of the Massachusetts Bay Colony in 1636. America led the world in mandating secondary education. Public univesities have existed for over two centuries in America, led by …
The Role Of Statutes, Regulations And Professional Standards In Emergency Responses, Denis Binder
The Role Of Statutes, Regulations And Professional Standards In Emergency Responses, Denis Binder
Denis Binder
No abstract provided.
The Liability Consequences Of Dam Failures, Denis Binder
The Liability Consequences Of Dam Failures, Denis Binder
Denis Binder
No abstract provided.
Emergency Action Plans: A Legal And Practical Blueprint, Denis Binder
Emergency Action Plans: A Legal And Practical Blueprint, Denis Binder
Denis Binder
No abstract provided.
Minimizing The Risks Of A Dam Failure, Denis Binder
Minimizing The Risks Of A Dam Failure, Denis Binder
Denis Binder
No abstract provided.
Emergency Action Plans: A Legal And Practical Blueprint Failing To Plan Is Planning To Fail, Denis Binder
Emergency Action Plans: A Legal And Practical Blueprint Failing To Plan Is Planning To Fail, Denis Binder
Denis Binder
The tragedies of 9/11, Katrina and Rita raised major problems with emergency responses, which did not proceed according to plan. Emergency action plans (EAP's) are a relatively new phenomenon, but the legal principles governing them are based in long-established rules of negligence. Statutes, regulations, and professional standards often require the preparation of emergency action plans (EAP's) to facilitate the response, recovery, and rebuilding efforts when a disaster occurs. The tragic events of 9/11 prompted an article, published by the University of Pittsburg Law Review (63 U. Pitt. L. Rev. 791) three years ago. It laid out the legal issues invoved …
A Survey Of Federal Agency Response To President Clinton's Executive Order No. 12898 On Environmental Justice, Denis Binder
A Survey Of Federal Agency Response To President Clinton's Executive Order No. 12898 On Environmental Justice, Denis Binder
Denis Binder
No abstract provided.
The Spending Clause As A Positive Source Of Environmental Protection: A Primer, Denis Binder
The Spending Clause As A Positive Source Of Environmental Protection: A Primer, Denis Binder
Denis Binder
No abstract provided.
Environmental Justice Index Ii, Denis Binder
The Duty To Disclose Geologic Hazards In Real Estate Transactions, Denis Binder
The Duty To Disclose Geologic Hazards In Real Estate Transactions, Denis Binder
Denis Binder
No abstract provided.
Confronting The Nimby Phenomenon, Denis Binder
Lust And The Supreme Court: Or Why You Cannot Rcra A Cercla, Denis Binder
Lust And The Supreme Court: Or Why You Cannot Rcra A Cercla, Denis Binder
Denis Binder
No abstract provided.
Essays On Federal Tort Liability, Nuisance, Rico And Tennessee V. Garner, Denis Binder
Essays On Federal Tort Liability, Nuisance, Rico And Tennessee V. Garner, Denis Binder
Denis Binder
No abstract provided.
Cleaning Up Hazardous Waste: Can A Private Landowner Recover The Costs Of Cleaning Up Leaking Underground Storage Tanks Under Federal Environmental Protection Law?, Denis Binder
Denis Binder
No abstract provided.
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Denis Binder
Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …
Essays On "Federal Tort Liability," "Nuisance," And "Tennessee V. Garner" For The Ready Reference: American Justice, Denis Binder
Essays On "Federal Tort Liability," "Nuisance," And "Tennessee V. Garner" For The Ready Reference: American Justice, Denis Binder
Denis Binder
No abstract provided.
Essay On "Rico" For The Ready Reference: American Justice, Denis Binder
Essay On "Rico" For The Ready Reference: American Justice, Denis Binder
Denis Binder
No abstract provided.
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Denis Binder
Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …
Endangered Species Act: Must Private Landowners Protect The Critical Habitat Of Endangered Species?, Denis Binder
Endangered Species Act: Must Private Landowners Protect The Critical Habitat Of Endangered Species?, Denis Binder
Denis Binder
No abstract provided.
Index Of Environmental Justice Cases, Denis Binder