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Full-Text Articles in Law

When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg Oct 2004

When "Responsible Parties" Clean Up Voluntarily, Can They Use Superfund To Get Some Of Their Cleanup Costs Back?, Robert H. Abrams, Amy Kullenberg

Journal Publications

No abstract provided.


The Arkansas River: One Hundred Years Later, Kansas And Colorado Still Are At Odds, Robert H. Abrams Oct 2004

The Arkansas River: One Hundred Years Later, Kansas And Colorado Still Are At Odds, Robert H. Abrams

Journal Publications

No abstract provided.


Water Follies: Groundwater Pumping And The Fate Of America's Fresh Waters [Review Of Book By Robert Glennon], Robert H. Abrams Jan 2004

Water Follies: Groundwater Pumping And The Fate Of America's Fresh Waters [Review Of Book By Robert Glennon], Robert H. Abrams

Journal Publications

This is a fun book to read. Most books of this genre decry a serious environmental problem and seek to influence a particular legal response to it. Those books tend to be long on details and heavy-handed in their advocacy. Many operate on the premise that the solution being presented requires an active effort at persuasion to convince the reader of the proposal's worth. This book is better: it tells fascinating stories, weaves together a series of poignant vignettes, and guides the reader to the desired conclusion implied by the book's title-America's water law in relation to groundwater pumping is …


Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin Priester Jan 2004

Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin Priester

Journal Publications

Every year hundreds of thousands of convicted criminal defendants are sentenced for their crimes, often through the implementation of a broad range of laws of relatively recent vintage such as mandatory minimum provisions and regulations of judicial discretion like the Federal Sentencing Guidelines. The policies underlying these sentencing laws are perhaps the most hotly contested issues in all of criminal procedure, with legislative amendments and calls for reform being made every year. Despite their tremendous importance and the constant political activity concerning them, however, the constitutionality of these laws is surprisingly uncertain-the United States Supreme Court has heard an astounding …


The Neglected Role Of International Altruistic Investment In The Chinese Transition Economy, Darryll K. Jones Jan 2004

The Neglected Role Of International Altruistic Investment In The Chinese Transition Economy, Darryll K. Jones

Journal Publications

This Article discusses the positive role of altruistic investment in any transition economy by making specific reference to altruistic investment in the Chinese economic transition. The Article discusses the social welfare hardships arising from the transition process and then discusses the U.S. and Chinese tax incentives and barriers to altruistic investment that would lessen that hardship. After that, the Article discusses the reasons why both countries might prefer to retain those barriers. Finally, the Article concludes that altruistic investment has more positive then negative consequences and makes a simple proposal to stimulate altruistic investment in China in a manner that …


Jubilee, Ronald C. Griffin Jan 2004

Jubilee, Ronald C. Griffin

Journal Publications

This essay chronicles the work and celebrates the achievements of blacks and others who lived in and escaped the thralldom of white supremacy.


One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves Jan 2004

One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves

Journal Publications

The development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as "similar to" African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers.


Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard Jan 2004

Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard

Journal Publications

It is my belief that the failure of Brown v. Board of Education and the continuing problem of race in America stems from the fact that America never took ownership of the promise of Brown, and instead, viewed the decision purely in terms of desegregation, as opposed to integration. Consequently, integration has remained a concept instead of an action item. Implicit in this notion of desegregation is the idea that the races sit next to one another, while the concept of integration carries with it a much heavier burden. It appears that the races have never made a personal …