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Articles 1 - 6 of 6

Full-Text Articles in Law

Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock Mar 1999

Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock Mar 1999

The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein Jan 1999

Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein

Faculty Publications

No abstract provided.


Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein Jan 1999

Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein

Faculty Publications

No abstract provided.


Gwaltney Of Smithfield Revisited, Ann Powers Jan 1999

Gwaltney Of Smithfield Revisited, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article returns to the earlier Gwaltney decision, looking both to the text of the Gwaltney opinion, and to internal memoranda demonstrating the debate which occurred among the justices themselves over the nature of the beast with which they were dealing: a confusing mixture of subject matter jurisdiction, substantive cause of action and constitutionally based standing requirements. This review leads to the conclusion that the opinion's lack of analytical clarity, which created substantial confusion for courts and litigants, could have been avoided by a more carefully reasoned work based on the Court's internal discussions. Further, the Court's decision in Steel …


Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto Jan 1999

Nastygram Federalism: A Look At Federal Self-Audit Policy, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This Article examines the evolution of EPA's audit policy, explores the reasons for states' dissatisfaction with it, and then discusses whether the federal policy should have been issued as a rule under the Administrative Procedure Act (APA). Part I examines the evolution of the federal audit policy and then analyzes the strengths and weaknesses of the policy in its current form. Part II explores various types of evidentiary privilege and looks at the arguments for and against extending the privilege to audit reports. It then offers a similar analysis of the case for limited immunity, concluding that neither an expanded …