Jurisprudence Commons^™

Pennsylvania V. Union Gas Company: The Supreme Court Employs The Wrong Means To Reach The Proper End, Christopher A. Brodman

Akron Law Review

This casenote reviews the facts of Union Gas, the history of eleventh amendment jurisprudence, and the purposes of CERCLA. The note critically analyzes the Supreme Court's approach to evading eleventh amendment immunity. Finally, the note contemplates the impact of Union Gas on CERCLA and eleventh amendment law.

Interpreting The Pollution Exclusion Clause In The Comprehensive General Liability Policy - Ohio's Next Step, W. Roger Fry, Jonathan P. Saxton

Akron Law Review

Our purpose here is to analyze the courts' treatment of the pollution exclusion clause. From the context of insurance policy interpretation, decisions regarding the exclusion will be reviewed and placed in a national perspective. The Ohio decisions will be examined against the backdrop of current trends and the national consensus.

We conclude, for the reasons which follow, that the Ohio Supreme Court, when presented with the issue, should not adopt the findings of the Ohio appellate courts in interpreting the pollution exclusion clause, but should recognize that those decisions were wrong and follow the law which finds sudden and accidental …

State Regulation Of Worker Safety In The Nuclear Industry: The Impact Of Goodyear Atomic Corp. V. Miller, Donald A. Mihokovich

Akron Law Review

This casenote will discuss the effect of Goodyear Atomic Corp. v. Miller on federal preemption in the nuclear industry. This decision does not mark federal preemption's demise. Preemption will continue in areas involving protection of the public from the dangers of radioactivity. Nevertheless, this decision may have an adverse effect on the private sector's continuing involvement in the nuclear industry, an involvement that is essential for both national energy policy and national defense.

Kayser-Roth, Joslyn, And The Problem Of Parent Corporation Liability Under Cercla, James A. King

Akron Law Review

This article examines these issues by focusing on the responsibility of parent corporations as "owners" and as "operators" under section 107 of CERCLA. The scope of the analysis is limited to corporations that participate in the management of other corporations. Moreover, for the sake of simplicity, the reach of the analysis is limited to the situation in which a corporation owns one hundred percent of the stock of the subsidiary.

Part I provides a general overview of the principle of limited shareholder liability as it applies to parent corporations and of its economic underpinnings. Part II reviews judicial applications of …