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Full-Text Articles in Law
Dna Evidence, Paul C. Giannelli
Limited Liability In Environmental Law, George W. Dent
Limited Liability In Environmental Law, George W. Dent
Faculty Publications
The social importance and immense costs of pollution make environmental law an ideal arena for reconsidering theories of limited liability for tort. This article examines the question in the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA).1 Part I reviews the text and legislative history of the Act. Part II analyzes the CERCLA case law on the liability of controlling persons, especially those involving parent corporations. Part III discusses the general theory of limited liability and its exceptions. Part IV applies this general theory to CERCLA and finds that its special features call for distinctive approaches. Part …
Gunshot Residue Tests, Paul C. Giannelli
Privacy Rights And Remedies, Jonathan L. Entin
Privacy Rights And Remedies, Jonathan L. Entin
Faculty Publications
No abstract provided.
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
The Oregon Medicaid Program: Is It Just?, Maxwell J. Mehlman
Faculty Publications
While the objective of expanding the Oregon Medicaid program is commendable, the means adopted by the Oregon legislature to control the costs of the expansion are problematic. This paper examines the legislature's approach from a legal perspective. The first part of the paper determines whether it is consistent with federal and state law governing the Medicaid program. Oregon is seeking waivers from any conflicting federal requirements, and since there do not appear to be any constitutional impediments, the key question is whether the waivers should be granted as a matter of sound public policy. The second and third parts of …