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Articles 392821 - 392850 of 560417

Full-Text Articles in Law

Table Of Contents, Seattle University Law Review Jan 1991

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Preserving Rural Gas Stations: State Financial Assistance For Underground Petroleum Storage Tanks, John S. Conniff, Charles G. Gavigan Jan 1991

Preserving Rural Gas Stations: State Financial Assistance For Underground Petroleum Storage Tanks, John S. Conniff, Charles G. Gavigan

Seattle University Law Review

This Article briefly reviews environmental regulations requiring the upgrading of Underground Storage Tankss, analyzes the development and implementation of the new financial assistance program, and considers the constitutionality of the program in light of state ing of credit prohibitions.


Table Of Contents Jan 1991

Table Of Contents

South Carolina Law Review

No abstract provided.


The Acceleration Of Remainders: Manipulating The Identity Of The Remaindermen, Patricia J. Roberts Jan 1991

The Acceleration Of Remainders: Manipulating The Identity Of The Remaindermen, Patricia J. Roberts

South Carolina Law Review

No abstract provided.


Judicial Intervention In Contractual Relationships Under The Uniform Commercial Code And Common Law, H. W. Classen Jan 1991

Judicial Intervention In Contractual Relationships Under The Uniform Commercial Code And Common Law, H. W. Classen

South Carolina Law Review

No abstract provided.


Indigent Defense Services For Post-Conviction Relief In South Carolina: Current Problems And Potential Remedies, Vance L. Cowden Jan 1991

Indigent Defense Services For Post-Conviction Relief In South Carolina: Current Problems And Potential Remedies, Vance L. Cowden

South Carolina Law Review

No abstract provided.


Federal Supplemental Enforcement Jurisdiction, Susan M. Glenn Jan 1991

Federal Supplemental Enforcement Jurisdiction, Susan M. Glenn

South Carolina Law Review

No abstract provided.


Employee Handbooks In South Carolina: The Employers' Dilemma, Steven M. Wynkoop, Elizabeth S. Moise Jan 1991

Employee Handbooks In South Carolina: The Employers' Dilemma, Steven M. Wynkoop, Elizabeth S. Moise

South Carolina Law Review

No abstract provided.


Liability For Construction Defects In Residential Realty: A Re-Examination In Light Of Kennedy V. Columbia Lumber & Manufacturing Co., Richard C. Webb Jan 1991

Liability For Construction Defects In Residential Realty: A Re-Examination In Light Of Kennedy V. Columbia Lumber & Manufacturing Co., Richard C. Webb

South Carolina Law Review

No abstract provided.


Judicialization Of The Administrative Process: Adversarial Risks For Fairness, Elliot B. Glicksman Jan 1991

Judicialization Of The Administrative Process: Adversarial Risks For Fairness, Elliot B. Glicksman

South Carolina Law Review

No abstract provided.


A Comparative Study, United States/France, Of The Impact Of Functionalism As A New Choice Of Law Process To Determine The Law Governing International Contracts, Anne Schiellein Jan 1991

A Comparative Study, United States/France, Of The Impact Of Functionalism As A New Choice Of Law Process To Determine The Law Governing International Contracts, Anne Schiellein

LLM Theses and Essays

This thesis compares the evolution of law theory in the United States and France, focusing the notions of functionalism and conceptualism respectively. There is an emphasis on the independent development of both approaches originating from a need to resolve issues pertaining to conflicting law problems and societal needs. The thesis also highlights that the continual practice of both theories is not independent and summarizes the notion that “functionalism can be an answer where conceptualism fails to provide a solution” to establish that comparing the impact of functionalism as a new choice of law process to determine the law governing international …


Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski Jan 1991

Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski

Articles

No abstract provided.


"A Lost Generation": The Battle For Private Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980, Barbara L. Atwell Jan 1991

"A Lost Generation": The Battle For Private Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This article suggests that the scope of enforceable section 1983 rights is broader than most courts have recognized. The Act creates comprehensive rights to 1) preplacement preventive services, 2) proper care while children are in state custody, and 3) permanency planning services. Courts must be more willing to recognize these rights and to take a more creative role in structuring injunctive relief when these rights have been violated. Part I is an overview of the Act. Part II analyzes the appropriateness of section 1983 claims under the Act. Finally, Part III analyzes the proper scope of section 1983 claims. The …


Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell Jan 1991

Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

Part I of this article examines the preemption doctrine while Part II explores the development of the law of products liability. Part III analyzes products liability cases in which the preemption defense has been raised—focusing on cases involving cigarettes and automobiles—and examines the approaches taken by the courts. Finally, Part IV articulates a framework for courts to use when the preemption defense is asserted in products liability cases.


The Restoration Of Democracy And Environmental Law In Argentina, Daniel Horacio Lago Jan 1991

The Restoration Of Democracy And Environmental Law In Argentina, Daniel Horacio Lago

University of Miami International and Comparative Law Review

No abstract provided.


A Report On Countertrade, Christopher Kerres Jan 1991

A Report On Countertrade, Christopher Kerres

University of Miami International and Comparative Law Review

No abstract provided.


Too Strict Liability: Making Local Government Entities Pay For Waste Disposal Site Cleanup, James J. Florio, Robert F. Andrews, Robert A. Fario Jr., William M. Tambussi Jan 1991

Too Strict Liability: Making Local Government Entities Pay For Waste Disposal Site Cleanup, James J. Florio, Robert F. Andrews, Robert A. Fario Jr., William M. Tambussi

Villanova Environmental Law Journal

No abstract provided.


How To Handle A Complex Criminal Environmental Case, Stephen D. Brown, Alison M. Benders Jan 1991

How To Handle A Complex Criminal Environmental Case, Stephen D. Brown, Alison M. Benders

Villanova Environmental Law Journal

No abstract provided.


Should The National Environmental Policy Act Be Extended To Major Federal Decisions Signifcantly Affecting The Environment Of Sovereign Foreign States And The Global Commons, Scott C. Whitney Jan 1991

Should The National Environmental Policy Act Be Extended To Major Federal Decisions Signifcantly Affecting The Environment Of Sovereign Foreign States And The Global Commons, Scott C. Whitney

Villanova Environmental Law Journal

No abstract provided.


The Potential Health Benefits Of Controlling Hazardous Air Pollutants, Mary Jean Sawey, David R. Holtgrave, John D. Graham Jan 1991

The Potential Health Benefits Of Controlling Hazardous Air Pollutants, Mary Jean Sawey, David R. Holtgrave, John D. Graham

Villanova Environmental Law Journal

No abstract provided.


Liability Of Responsible Parties For Hazardous Waste Cleanup: Cercla Section 107 Liability After One Decade, Jill E. Aversa Jan 1991

Liability Of Responsible Parties For Hazardous Waste Cleanup: Cercla Section 107 Liability After One Decade, Jill E. Aversa

Villanova Environmental Law Journal

No abstract provided.


Mediation Services: Successes And Failures Of Site-Specific Alternative Dispute Resolution, Leonard F. Charla, Gregory J. Parry Jan 1991

Mediation Services: Successes And Failures Of Site-Specific Alternative Dispute Resolution, Leonard F. Charla, Gregory J. Parry

Villanova Environmental Law Journal

No abstract provided.


Binding Parties To Agreements In Environmental Disputes, Lawrence S. Bacow, Michael Wheeler Jan 1991

Binding Parties To Agreements In Environmental Disputes, Lawrence S. Bacow, Michael Wheeler

Villanova Environmental Law Journal

No abstract provided.


The Epa Guidance On Landowner Liability And The Innocent Landowner Defense: The All Appropriate Inquiry Standard: Fact Or Fiction, Paul C. Quinn Jan 1991

The Epa Guidance On Landowner Liability And The Innocent Landowner Defense: The All Appropriate Inquiry Standard: Fact Or Fiction, Paul C. Quinn

Villanova Environmental Law Journal

No abstract provided.


Defining The Boundaries Of State Liability Under Cercla Section 107(A), Janeen Olsen Jan 1991

Defining The Boundaries Of State Liability Under Cercla Section 107(A), Janeen Olsen

Villanova Environmental Law Journal

No abstract provided.


Citizen Suits Under The Clean Water Act: Post-Complaint Compliance Does Not Moot Requests For Penalties, Atlantic States Legal Foundation V. Tyson Foods, Ellen Pulver Flatt Jan 1991

Citizen Suits Under The Clean Water Act: Post-Complaint Compliance Does Not Moot Requests For Penalties, Atlantic States Legal Foundation V. Tyson Foods, Ellen Pulver Flatt

Villanova Environmental Law Journal

No abstract provided.


An Alternative To The United States Supreme Court's Economic-Based Rationale In Takings Analysis, James P. Karp Jan 1991

An Alternative To The United States Supreme Court's Economic-Based Rationale In Takings Analysis, James P. Karp

Villanova Environmental Law Journal

No abstract provided.


Personal Liability Of A Bankruptcy Trustee Since Midlantic National Bank V. New Jersey Department Of Environmental Protection: The Environmental Law And Bankruptcy Code Conflict Threatens To Engulf Bankruptcy Trustees, D. Ethan Jeffery Jan 1991

Personal Liability Of A Bankruptcy Trustee Since Midlantic National Bank V. New Jersey Department Of Environmental Protection: The Environmental Law And Bankruptcy Code Conflict Threatens To Engulf Bankruptcy Trustees, D. Ethan Jeffery

Villanova Environmental Law Journal

No abstract provided.


To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol Jan 1991

To Bear Or Not To Bear: Reproductive Freedom As An International Human Right, Berta E. Hernández-Truyol

UF Law Faculty Publications

The right to reproductive freedom is recognized and protected in virtually every corner of this world. Domestic and international tribunals have increasingly found that the right to privacy includes such a right. Using the various "sources" of international law as an analytical framework, this Article posits, based on an internationalist's perspective, that reproductive freedom -- as part of the penumbral zone of enumerated and existing human rights or as a particular right in se -- is now included in the body of protected international human rights. Consequently, any government interference with the individual's exercise of such freedom constitutes an impermissible …


Defending The "Time Culture": The Public And Private Interests Of Media Corporations, Shelby D. Green Jan 1991

Defending The "Time Culture": The Public And Private Interests Of Media Corporations, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Part I of this essay discusses the “public interest” standard under the Federal Communications Act and describes parallels in corporation doctrine. Part II considers whether broadcasters satisfy their public interest obligations by addressing audience interest. Part III discusses the prerogatives of the management of the corporate broadcaster to consider non-financial factors in selecting programming. Part IV describes the non-traditional philosophy of the corporation's legitimate object, which led to the subject case. Part V discusses the central legal issues of the cognizable business interests of corporations. Finally, the Conclusion offers a view on desirable public interest objectives of media corporations.