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Full-Text Articles in Law

The Effect Of Sovereign Immunity On Environmental Protection Suits Against Government Officials, Richard C. Ausness Oct 1971

The Effect Of Sovereign Immunity On Environmental Protection Suits Against Government Officials, Richard C. Ausness

Law Faculty Scholarly Articles

A number of excellent articles have been published on the general subject of federal sovereign immunity in recent years, but most of them have been substantially concerned with legislative or judicial reform of this and related doctrines. The growing importance of environmental values as significant social and legal interests compels an examination of the relationship between sovereign immunity and the environmental protection suit. This article will trace the past and recent development of the immunity doctrine and consider its present and potential impact on environmental litigation.


A Modern Proposal For State Regulation Of Consumptive Uses Of Water, Richard C. Ausness, Frank E. Maloney Feb 1971

A Modern Proposal For State Regulation Of Consumptive Uses Of Water, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

As a nation, the United States is in the early stages of a developing water crisis. With an exploding population accompanied by great technological advances in industry and agriculture, America is using progressively more water each day; the increasing use threatens to exceed available supplies in the future unless available resources are properly managed.

As the demand for water grows, problems related to the equitable allocation of this important resource will likewise increase. The need that presently exists for an integrated and balanced approach to the problems of water consumption, pollution, navigation and recreation will become even more acute in …


International Environmental Damage Control: Some Proposals For The Second Best Of All Possible Worlds, Stephen J. Vasek Jr. Jan 1971

International Environmental Damage Control: Some Proposals For The Second Best Of All Possible Worlds, Stephen J. Vasek Jr.

Law Faculty Scholarly Articles

Recent meetings of international law experts have produced considerable debate over the type of international regime necessary to effectively control pollution. Divergent views expressed range from the "survival approach" of Professor Falk to the "grocery-list approach" of Christian Herter Jr., Special Assistant to the Secretary of State for Environment. The "grocery-list approach" is an operational approach which involves doing what can be done by the use of available means including discussion to define common interests, international agreements based on those shared interests, unilateral action where appropriate and increased use of the UN for a variety of purposes such as environment …