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Full-Text Articles in Litigation

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown Dec 2015

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown

David C. Brown

12 pages.


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …


Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard Nov 2015

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.


Newsroom: Logan On Bp Settlement, Roger Williams University School Of Law Jul 2015

Newsroom: Logan On Bp Settlement, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law Apr 2015

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore Apr 2015

Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore

Publications

Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …


Newsroom: Logan On Possibility Of Bp Settlement, Roger Williams University School Of Law Jan 2015

Newsroom: Logan On Possibility Of Bp Settlement, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Logan On Impact Of Bp Liability, Roger Williams University School Of Law Jan 2015

Newsroom: Logan On Impact Of Bp Liability, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki Jan 2015

Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki

University of Michigan Journal of Law Reform Caveat

The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It does not, however, provide a ready means of relief to individuals harmed by air polluters. Nevertheless, many courts have held that the Clean Air Act preempts state common law tort claims that do provide a means to such relief. The disparate benefits of the Clean Air Act and common law tort claims may indicate different purposes and make court imposed preemption of common law tort claims improper. This Comment argues that the Savings Clause in the Clean Air Act and in parallel …


A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez Jan 2015

A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez

Faculty Publications

This article intends to explore the interplay between different dispute processing mechanisms and fora in the realm of transnational litigation, through the lens of the Chevron-Ecuador legal saga. My goal is to discuss the transformation of a transnational complex case and the challenges faced by the parties, their procedural strategies, and the perceived advantages of the different mechanisms. In this regard, I will also address the development of mechanisms for the protection of diffuse rights involving the environment; the role of the courts in supervising compliance with judicial remedies, their engagement in activities that go beyond their traditional role as …


Understanding Judgments Recognition, Ronald A. Brand Jan 2015

Understanding Judgments Recognition, Ronald A. Brand

Articles

The twenty-first century has seen many developments in judgments recognition law in both the United States and the European Union, while at the same time experiencing significant obstacles to further improvement of the law. This article describes two problems of perception that have prevented a complete understanding of the law of judgments recognition on a global basis, particularly from a U.S. perspective. The first is a proximity of place problem that has resulted in a failure to understand that, unlike the United States, many countries allow their own courts to hear cases based on a broad set of bases of …


A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan Dec 2014

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …