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Jurisprudence Commons

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Akron Law Review

Comprehensive Environmental Response

Articles 1 - 2 of 2

Full-Text Articles in Jurisprudence

Pennsylvania V. Union Gas Company: The Supreme Court Employs The Wrong Means To Reach The Proper End, Christopher A. Brodman Jul 2015

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.


Kayser-Roth, Joslyn, And The Problem Of Parent Corporation Liability Under Cercla, James A. King Jul 2015

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 ...