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Articles 1 - 3 of 3
Full-Text Articles in Law
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan
Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
First, this article will review the impetus and purposes for the Clean Water Act of 1972, including its citizen suit provision, particularly as these purposes relate to the elimination of specific harm or causation requirements in enforcement actions under its provisions. Second, this article will briefly review the basic elements of Article III standing requirements as enunciated by the Supreme Court, and the development of Supreme Court standing doctrine in environmental cases leading up to and including the Defenders of Wildlife decision. Then the article will survey the various approaches courts have taken in applying Article III standing doctrine to …
Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich
Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich
Thomas J. Stipanowich
In this sequel to his 1986 article on punitive damages in arbitration, Professor Stipanowich explores the issues at the heart of the debate over whether punitive or exemplary damages should be available in arbitration between investors and securities brokers and firms. He critiques relevant proposals by the NASD’s Ruder Commission and examines mechanisms for more effectively addressing the punitive damages issue. This article predates and foreshadows the eventual recognition of the authority of securities arbitrators to award punitive damages.