Law Commons^™

Epa Regulation Of Mining Wastes Under Rcra And Cercla, Robert E. Walline

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

9 pages.

Review On The Administrative Record In Cercla Actions And Settlement Policy Summary, Stephen D. Ramsey

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

50 pages.

Contains references.

The New Cercla Amendments—What Are They? What Do They Mean?, David R. Andrews

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

35 pages.

The 1985/1986 Amendments To The Comprehensive Environmental Response, Compensation, And Liability Act: A Background Paper, Alan J. Gilbert

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

20 pages.

Contains 2 attachments.

Natural Resources Damage Litigation [Appendix], Michael Donovan

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

80 pages (includes illustrations).

Contains references and historical notes.

Appendix contains 3 attachments:

1) Comprehensive Environmental Response, Compensation and Liability Act, ("CERCLA"), 42 U.S.C. 9601 et seq. (1980)

2) National Contingency Plan, 40 C.F.R. Part 440, 50 Fed. Reg. No. 224, Part III (November 20, 1985)

3) Natural Resource Damage Assessments - Proposed Rule, Department of Interior, 43 C.F.R. Part 11, 50 Fed. Reg. No. 245, Part IV (December 20, 1985)

Revised Definition Of Solid Waste, John D. Fognani

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

15 pages.

Reduction Of Hazardous Waste—Pay Me Now Or Pay Me Later, Frank B. Friedman

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

8 pages.

Contains 1 attachment.

The New Small Quantity Generator Rules: Rcra Reaches Small Business, Hal Winslow

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

16 pages.

Contains 1 footnote.

Colorado’S Hazardous Waste Program: Current Activities And Issues, Richard L. Griffith

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

17 pages.

The 1984 Hswa Amendments: The Land Disposal Restrictions, James R. Spaanstra

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

28 pages.

Contains references.

Underground Storage Tank Regulations, J. Kemper Will

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

17 pages (includes 1 illustration and 1 form).

Contains 3 pages of references.

Contains 4 attachments.

An Evaluation Of Rcra, David J. Lennett

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

68 pages (includes 1 illustration).

Contains 1 page of references.

Contains 5 attachments.

Agenda: Getting A Handle On Hazardous Waste Control, University Of Colorado Boulder. Natural Resources Law Center

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

The conference chairman was University of Colorado School of Law professor Lawrence J. MacDonnell.

During the past ten years Congress has made the regulation of hazardous waste a priority. This conference focuses on the Resource Conservation and Recovery Act, as amended in 1984, and the Comprehensive Environmental Response, Compensation and Liability Act.

This conference attracted about 100 registrants from 16 states plus the District of Columbia. John G. Welles, Regional Director for EPA Region 8, presented a luncheon address.

Regulation Of Wastes From The Metals Mining Industry: The Shape Of Things To Come, Lawrence J. Macdonnell

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

37 pages.

Contains 5 pages of endnotes.

An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans

Cornell Law Faculty Publications

Results from a public opinion survey of knowledge, attitudes, and support for the insanity defense indicate that people dislike the insanity defense for both retributive and utilitarian reasons: they want insane law-breakers punished, and they believe that insanity defense procedures fail to protect the public. However, people vastly overestimate the use and success of the insanity plea. Several attitudinal and demographic variables that other researchers have found to be associated with people's support for the death penalty and perceptions of criminal sentencing are also related to support for the insanity defense. Implications for public policy are discussed.

The Conduct Of Voir Dire: A Psychological Analysis, Valerie P. Hans

Cornell Law Faculty Publications

The voir dire process in jury selection, in which the prospective jurors are questioned about their possible biases in the case, has come under increasing scrutiny in recent years. This article discusses psychological research and its implications for the conduct of the voir dire. The research indicates that individual, sequestered, open-ended questioning on issues directly relevant to the trial is the superior method for uncovering bias in prospective jurors. Furthermore, adversary attorneys appear to have a modest edge over judges in the detection of prejudice. The author notes that these findings must be balanced against other interests served by the …

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Images Of The Woman Juror, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Jury Instructions: A Bibliography. Part I: Civil Jury Instructions, Cheryl R. Nyberg, Carol Boast

Librarians' Articles

Pattern jury instructions are used by trial judges to explain the law to jurors in language that they can understand and that provide consistency from one trial to another. This bibliography contains references to 156 recent and dated compilations of civil jury instructions. An index to acronyms for civil jury instructions is included.

Lessons From The Alternative Dispute Resolution Movement, Jethro K. Lieberman

Articles & Chapters

In less than a decade, alternative dispute resolution- ADR-has grown from a bravely-voiced hope to a congeries of practices animated by the desire to resolve legal battles outside the courtroom. ADR offers a way-station, or a series of them, between the probity of the adversary system and the flexibility of private negotiations. Though not without an ideology, ADR has never had a unified theory to explain what it accomplishes and how it works. But enough experience has accumulated by now to permit a search for a more analytical understanding of ADR and the lessons it might teach.

Jury Instructions: A Bibliography. Part Ii: Criminal Jury Instructions, Cheryl R. Nyberg, Jane Williams, Carol Boast

Librarians' Articles

Pattern jury instructions are used by trial judges to explain the law to jurors in language that they can understand and that provide consistency from one trial to another. This criminal jury instructions bibliography of 169 entries is a companion to a previous bibliography on civil jury instructions. An index to acronyms for both criminal and civil jury instructions is also included.

A Policy Analysis Of Fee-Shifting Rules Under The Internal Revenue Code, Gary Myers, Richard L. Schmalbeck

Faculty Publications

Until recently, the costs of litigating federal tax cases were borne exclusively by the parties who incurred them, regardless of whether the government or the taxpayer prevailed in the litigation. This practice reflects the application to tax disputes of the ‘American rule’ against fee shifting. Although the American rule continues to be predominant in the tax area, it has been modified in important respects. An explicit fee-reimbursement rule, benefiting prevailing taxpayers in cases in which the government is found to have acted unreasonably, was added to the Internal Revenue Code (IRC) by the Tax Equity and Fiscal Responsibility Act of …

Civil Practice: Comparative Negligence, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

Recent decisional law by the Court of Appeals has placed new limits on the applicability of article 14-A to some assumption of risk cases, to matters involving some labor law violations, and to violations of legal prohibitions. These limitations are important to the practitioner representing clients who seek to benefit from New York's comparative negligence statute.

Developments In Law - Toxic Waste Litigation, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Commercial Litigation In West Virginia State And Federal Courts, 1870-1940, Frank W. Munger

Articles & Chapters

No abstract provided.

Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Int'l Longshoremen's Ass'n v. Davis, 476 U.S. 380 (1986). The author expected the Court to address 2 issues: (1) at what point in a case must the issue of federal preemption be raised?; and (2) to what extent is state law preempted by federal labor law?

Law And Fact In Patent Litigation: Form Versus Function, Thomas G. Field Jr

Law Faculty Scholarship

Recently, the Supreme Court sent Dennison Mfg. v. Panduit Corp. back to the Court of Appeals for the Federal Circuit (CAFC). It remanded with explicit directions that the lower court consider the extent to which Rule 52(a) governs appellate review of determinations of obviousness.

It is by no means certain that obviousness determinations should be treated as questions of law. Nevertheless, there is ample evidence that courts seek to review findings of obviousness (or nonobviousness) more intensely than would be appropriate under the "clearly erroneous" or "substantial evidence" standards. If the courts are inclined to persist in more intense review …

Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

Closing Argument Procedure, J. Alexander Tanford

Articles by Maurer Faculty

Legal scholars have paid little attention to closing arguments. There are few publications that touch on this phase of the trial process, most focusing on the substance of prosecution arguments in criminal cases. As a result, too few of the legal principles and doctrines of closing argument procedure are understood, especially in civil trials. The purpose of this article is to set out a more comprehensive picture of this body of law than has been done previously, and to define and analyze its major doctrines.

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …