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Articles 1 - 30 of 138
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
It Is Time To Reevaulate The Toxic Release Inventory, Susan E. Dudley
It Is Time To Reevaulate The Toxic Release Inventory, Susan E. Dudley
Journal of Environmental and Sustainability Law
No abstract provided.
Narrowing Navigable Waters: The Fifth Circuit Limits Federal Jurisdiction Under The Clean Water And The Oil Pollution Acts. In Re Needham, Lorraine C. Friedlein Buck
Narrowing Navigable Waters: The Fifth Circuit Limits Federal Jurisdiction Under The Clean Water And The Oil Pollution Acts. In Re Needham, Lorraine C. Friedlein Buck
Journal of Environmental and Sustainability Law
No abstract provided.
Turtle Power: The Ninth Circuit Avoids A Tragedy On The High Seas. Turtle Island Restoration Network V. National Marine Fisheries Service, Elizabeth P. Mcnichols
Turtle Power: The Ninth Circuit Avoids A Tragedy On The High Seas. Turtle Island Restoration Network V. National Marine Fisheries Service, Elizabeth P. Mcnichols
Journal of Environmental and Sustainability Law
No abstract provided.
Liability For Cost Of Litigation That Accrue After Litigation Is Complete: Costs Associated With Monitoring Compliance With Established Consent Decrees Are Part Of Litigation Costs. Sierra Club V. Hankinson, C. Travis Hargrove
Journal of Environmental and Sustainability Law
No abstract provided.
Striking The Right Balance: The Contrasting Ways In Which The United States And China Implement National Projects Affecting The Environment , Pamela Howlett
Striking The Right Balance: The Contrasting Ways In Which The United States And China Implement National Projects Affecting The Environment , Pamela Howlett
Journal of Environmental and Sustainability Law
No abstract provided.
Other Disciplines, Methodologies, And Countries: Studying Courts And Crisis, Tracey E. George
Other Disciplines, Methodologies, And Countries: Studying Courts And Crisis, Tracey E. George
Missouri Law Review
The United States is at war: in Iraq, in Afghanistan, and against terrorism. This symposium asks the timely question: How do governments and their citizens respond to fear and risk in times of crisis? In the essay, I begin by framing the issue very briefly. I then argue that understanding this issue requires scholars to follow Epstein and Wells by looking to other disciplines, methodologies, and countries.
Defending Deference: A Response To Professors Epstein And Wells, Robert J. Pushaw Jr.
Defending Deference: A Response To Professors Epstein And Wells, Robert J. Pushaw Jr.
Missouri Law Review
This Note primarily seeks to challenge Professor Wells’s ideas contributed to the symposium. Specifically, the Constitution creates political and institutional structures that lead to strong executive-branch initiative in military affairs and fairly circumscribed judicial review. Constitutional considerations, as well as precedent, cast doubt on the viability of Wells’s “hard look” proposal and suggest that the Court will—should—continue its pattern of reviewing with deference wartime claims that the President has violated individual rights.
Questioning Deference, Christina E. Wells
Questioning Deference, Christina E. Wells
Missouri Law Review
Part I of this Article discusses executive branch actions in the crises discussed earlier and identifies a pattern of response to certain perceived threated. Part II assesses this historical pattern in light of a psychological understanding of risk assessment, concluding that the pattern is consistent with predictably skewed risk assessment. Part III discusses the psychology of accountability and the possibility that judicial review can serve as a mechanism of accountability and improve executive decision making.
Epa Oversight In Determining Best Available Control Technology: The Supreme Court Determines The Proper Scope Of Enforcement, Jennifer A. Davis Foster
Epa Oversight In Determining Best Available Control Technology: The Supreme Court Determines The Proper Scope Of Enforcement, Jennifer A. Davis Foster
Missouri Law Review
In Alaska Department of Environmental Conservation v. EPA, the Supreme Court addressed the issue of whether the EPA was authorized to bar construction of a new major emitting facility where it found the state permitting authority’s best available control technology (BACT) determination unreasonable. The Court held that, given the legislative history and plain language of the enforcement provisions contained in the Clean Air Act, the EPA reasonably believes that the state permitting authority has acted arbitrarily in determining BACT. This Note explores the analysis employed by the Court and argues that, in light of the underlying purpose of the PSD …
Foreword Symposium: Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis:, Christina E. Wells, Jennifer K. Robbennolt
Foreword Symposium: Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis:, Christina E. Wells, Jennifer K. Robbennolt
Missouri Law Review
The terrorists attacks on September 11, 2001, the implentation of the USA PATRIOT ACT, and the government's indefinite detention of "enemy combatants" have all sparked renewed interest in the balance between security and liberty in times of crisis. Recently, legal scholars have debated topics ranging from the constitutionality and wisdom of the government's responses to terror to the appropriate roles for institutional actors and the public in national security decisions. While these debates have contributed enormously to the public discussion that is the foundation of a democratic society, they have not completely captured the complexities of governmental responses to crisis. …
Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch
Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch
Missouri Law Review
No abstract provided.
Fear And Risk In Times Of Crisis: The Media's Challenge, Richard C. Reuben
Fear And Risk In Times Of Crisis: The Media's Challenge, Richard C. Reuben
Missouri Law Review
With five to ten minutes to comment at the very end of an intellectually exhilarating two-day symposium, I am quite frankly tempted to say "You know, they've all got a point," and leave it at that. But this has been an important discussion, and in this comment I'd like to at least try to make a small contribution to it.
What's Fear Got To Do With It - It's Affect We Need To Worry About, Paul Slovic
What's Fear Got To Do With It - It's Affect We Need To Worry About, Paul Slovic
Missouri Law Review
My objective in this paper is to provide psychological perspective on the challenges to rational decision making in the face of terrorism and other risk crisis. I shall begin with an introduction to the psychology of risk, highlighting the role of affect and its contribution to what may be called “risk as feeling.” I shall then address the need to educate and inform citizens about risks from terrorism and some of the particular challenges this entails.
Risk Realization, Emotion, And Policy Making, Chris Guthrie
Risk Realization, Emotion, And Policy Making, Chris Guthrie
Missouri Law Review
People are likely to overestimate the impact of negative life events on our enduring sense of well-being. If true, this empirical finding puts policy makers in an awkward position because they are generally called upon to make policy in anticipation of , rather than in response to, such events. Nonetheless, I will argue that policy makers should take into account our tendency to overestimate the emotional impact of such events.
Fear: A Story In Three Parts, Rachel F. Moran
Fear: A Story In Three Parts, Rachel F. Moran
Missouri Law Review
This article reflects on the story of Army PFC Jesse A. Givens. It is a story of fear in three parts. I hope to gain understanding of emotion as part of a private experience, and interpersonal communication, and a public event. As the story will show, fear can be defined in purely cognitive terms. Fear can also be defined as “cognition plus.” Argued here is that a purely cognitive approach is inadequate for a complete analysis of emotion’s role in collective decision-making. What seems critical is that proponents of both pure cognition and cognition plus move beyond definitions of emotion …
Eating The Poisonous Fruit: The Eighth Circuit Will Not Exclude Derivative Evidence From A Miranda Violation, Kerry F. Schonwald
Eating The Poisonous Fruit: The Eighth Circuit Will Not Exclude Derivative Evidence From A Miranda Violation, Kerry F. Schonwald
Missouri Law Review
Today almost anyone who has ever turned on a television is familiar with the four Miranda warnings. However, the general public is probably not aware of what happens when those rights are violated. In United States v. Villalba-Alvarado, the Eighth Circuit Court of Appeals joined the Third and Fourth Circuits in holding that the poisonous fruit doctrine does not apply to physical evidence derived from a Miranda violation.
Missouri's Requirements For Federal Habeas Corpus Review: An Analysis Of Exhaustion And Tolling Of Statutes Of Limitations, Aubree J. Jehle
Missouri's Requirements For Federal Habeas Corpus Review: An Analysis Of Exhaustion And Tolling Of Statutes Of Limitations, Aubree J. Jehle
Missouri Law Review
This summary contends that exclusion of discretionary review by the Missouri Supreme Court from the available list of remedies will not impart the statute of limitation for two reasons. First, in Missouri, the right to apply for discretionary transfer is guaranteed by the state constitution. If the statute of limitation for federal habeas corpus petitions were not tolled by a prisioner’s pending application for discretionary transfer, state prisoners would be forced unfairly to choose between state and federal constitutional rights. Second, the characterization of a particular state remedy as “extraordinary” for exhaustion purposes should not affect its character as “direct” …
Perceptions Of Terrorism And Disease Risks: A Cross-National Comparison, Neal Feigenson, Daniel Bailis, William Klein
Perceptions Of Terrorism And Disease Risks: A Cross-National Comparison, Neal Feigenson, Daniel Bailis, William Klein
Missouri Law Review
This article seeks to demonstrate why is important for policy makers to understand how people evaluate health and safety risks. This type of understanding is essential to communicate policy and to anticipate public reactions. Current events have caused many people across the globe to feel more at risk than previous generations, making this inquiry especially relevant.
Say Goodbye To Frye: Missouri Supreme Court Clarifies Standard For Admitting Expert Testimony In Civil And Administrative Cases, Jaime M. Nies
Say Goodbye To Frye: Missouri Supreme Court Clarifies Standard For Admitting Expert Testimony In Civil And Administrative Cases, Jaime M. Nies
Missouri Law Review
In State Board of Registration for the Healing Arts v. McDonagh, the Supreme Court of Missouri clarified the standard of admissibility for expert testimony in civil cases and administrative proceedings. This Note will examine the different standards that Missouri courts have applied and explore how the new McDonagh standard will impact Missouri courts.
War Fever Symposium:, Geoffrey R. Stone
War Fever Symposium:, Geoffrey R. Stone
Missouri Law Review
As Justice Robert Jackson observed more than half a century ago, “[i]t is easy, by giving way to the passion, intolerance and suspicion of wartime, to reduce our liberties to a shadow, often in answer to exaggerated claims of security.” Indeed, the United States has a long and unfortunate history of overreacting to the dangers of wartime. Again and again, Americans have allowed fear to the better of them. Some measure of fear, of course, is inevitable—even healthy—in time of war. Otherwise, it would be difficult, if not impossible, for a nation to make the sacrifices war demands. An essential …
Fear, Irrationality, And Risk Perception, Henry L. Chambers Jr.
Fear, Irrationality, And Risk Perception, Henry L. Chambers Jr.
Missouri Law Review
This brief commentary makes two points. The first is that fear can play multiple roles in any decision-making process. The second is that accurately determining whither reactions to fear are irrational is a complex task. Though neither point necessarily requires that symposium participants abandon their position, together they suggest that extreme care is necessary in developing policy prescriptions based on the claim that fear can trigger irrationality.
Two Mistakes Behavioralists Make: A Response To Professors Feigenson Et Al. And Professor Slovic, Thomas A. Lambert
Two Mistakes Behavioralists Make: A Response To Professors Feigenson Et Al. And Professor Slovic, Thomas A. Lambert
Missouri Law Review
This article provides a critique of Professors Feigenson and Slovic's submissions to the Interdisciplinary Perspectives on Fear and Risk Perception in Times of Democratic Crisis Symposium. Examined are two common mistakes that behaviorists make; 1) discounting the rational account too quickly and 2) reflexively advocating a governmental "fix."
Fragmented State, Pluralist Society: How Liberal Institutions Promote Fear, Corey Robin
Fragmented State, Pluralist Society: How Liberal Institutions Promote Fear, Corey Robin
Missouri Law Review
Fear can be used as an instrument of political repression. The purpose for using it is to target those whose actions or ideas pose a threat to established arrangements of power and authority. Repression is not aimed at ensuring laws are followed but that the powerful are obeyed. There has been a strong consensus among experts about the type of political structure that arouses repressive fear: a centralized unified state monopolizing the means of coercion. However, this is an over-simplification. The state is not the only entity capable of wielding the repressive powers of fear.
To Support And Defend The Constitution Of The United States Against All Enemies, Foreign And Domestic: Four Types Of Attorneys General And Wartime Stress, Betty Houchin Winfield
To Support And Defend The Constitution Of The United States Against All Enemies, Foreign And Domestic: Four Types Of Attorneys General And Wartime Stress, Betty Houchin Winfield
Missouri Law Review
War exacerbates the usual tensions between individual freedoms and national security. In such times, the United States frequently sacrifices its tradition of individual autonomy and deliberative debate for the security and unanimity of an autocratic, military-style government. Individual rights are often the first casualties of hastily enacted legal measures that expand executive power without regard to constitutional checks and balances. While the expansions have generated criticism and calls for greater government accountability, it is often difficult to determine who within the executive should be held accountable. As the President’s chief law enforcement officer, the Attorney General of the United States …
Rejecting The Marie Antoinette Paradigm Of Prejudgment Interest, Royce De R. Barondes
Rejecting The Marie Antoinette Paradigm Of Prejudgment Interest, Royce De R. Barondes
Faculty Publications
This paper examines principles for properly computing prejudgment interest by examining the impact on different corporate constituencies. This paper concludes that prejudgment interest at a promisor's cost of funds can undercompensate promisees, by shifting value from the promisee's equityholders to its creditors through a forced investment that decreases the risk of the promisee's portfolio of assets.
Tim, R. Lawrence Dessem
Tim, R. Lawrence Dessem
Faculty Publications
There comes a time when every law school dean questions just why she or he has chosen to serve as dean. Deans experience both very high highs and very low lows. The dean often sees faculty, staff, and students at their best but just as often sees these same individuals at their worst. Regardless of the mix of highs to lows in any deanship, decanal service--if taken seriously-- demands a tremendous commitment of time and energy. Thus the question is posed: Why devote such a significant portion of one's professional time to such service?
Two Mistakes Behavioralists Make: A Reply To Professor Feigenson Et Al. And Professor Slovic, Thom Lambert
Two Mistakes Behavioralists Make: A Reply To Professor Feigenson Et Al. And Professor Slovic, Thom Lambert
Faculty Publications
First, the growing catalog of cognitive quirks may lead behavioralists to hastily adopt “non-rational” explanations for otherwise rational behavior. Second, because their evidence seems to undermine the rationality assumption of Chicago school law and economics, behavioralists may improperly assume that their work also undermines that school's default policy prescription--i.e., laissez faire. Consequently, they may advocate inappropriately paternalistic government policies.
Foreword - Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis (Symposium), Christina E. Wells, Jennifer K. Robbennolt
Foreword - Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis (Symposium), Christina E. Wells, Jennifer K. Robbennolt
Faculty Publications
The articles and essays included or referenced in this volume discuss both the factors that affect decision making in times of crisis and their implications for law and democratic theory. Professor Cass Sunstein's keynote address, Fear and Liberty, noted that psychological biases such as the availability heuristic and probability neglect can skew risk perception, leading to excessive public fear of national security risks and unreasonable curtailment of civil liberties. According to Sunstein, courts, which are typically responsible for protecting civil liberties, often lack sufficient information to assess whether national security concerns justify incursions on civil liberties. Nevertheless, he concluded that …