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Articles 1 - 12 of 12
Full-Text Articles in Torts
The Quest For The Next ‘Solvent Bystander’ In Asbestos Litigation: Will Texas Resume The Search?, Richard O. Faulk
The Quest For The Next ‘Solvent Bystander’ In Asbestos Litigation: Will Texas Resume The Search?, Richard O. Faulk
Richard Faulk
Questions abound regarding the Bostic v. Georgia Pacific case. Is Texas preparing to resume the “endless search” for the next “solvent bystander?” Is the Texas Supreme Court considering a departure not only from Flores, but also from decades of settled Texas law regarding causation in tort cases? Hopefully, the memory of the disastrous and wasteful “cold war” of asbestos litigation will persist and rational common-law limits will not be sacrificed to resurrect a demonstrably abusive system.
A Paralyzed Environmental Law: Critical Comments On Compensation For Environmental Damage In Indonesia, Andri Gunawan Wibisana
A Paralyzed Environmental Law: Critical Comments On Compensation For Environmental Damage In Indonesia, Andri Gunawan Wibisana
Andri Gunawan Wibisana
This article criticizes compensation mechanisms for the victims of environmental disaster in Indonesia. In particular, it attempts to answer the questions of how compensation mechanism is addressed in Indonesian environmental law, how the victims of environmental disasters are compensated, and what lessons can be learned from the application of law in practice. This article begins with discussions about the current Indonesian compensation system for damage resulting from pollution, focusing on the provisions in environmental management acts. In order to explain how these provisions have been applied in practice, this article discusses two major environmental disasters in Indonesia, i.e. the Mandalawangi …
Mining, Uranium, Bert Chapman
Mining, Uranium, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.
Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller
Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Virginia Coastal Policy Center
No abstract provided.
Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning
Virginia Coastal Policy Center
No abstract provided.
The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott
The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott
Virginia Coastal Policy Center
No abstract provided.
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
Virginia Coastal Policy Center
No abstract provided.
Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema
Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema
Steven G Medema
The paper examines the treatment of the Coase theorem by legal scholars during the 1960s. The analysis demonstrates that it was legal scholars, rather than economists, who took the lead in applying Coase's negotiation result in the legal realm and that the early diffusion of Coase's result in the legal literature is anything but a "Chicago" story. We also observe that legal scholars were interesting in examining the applicability of Coase's result across a wide range of legal issues and, in contrast to economists, who were preoccupied with the efficiency predication of Coase's result, tended to focus on Coase's invariance …
Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson
Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson
Buffalo Environmental Law Journal
Developing nations often look to their bounty of natural resources or willing labor as a means of attracting international investors. While national and local governments frequently perceive the arrival of a multinational corporate presence as a boon to their economy, the potential for government instability ineffectiveness or corruption may facilitate environmentally exploitive corporate practices. Furthermore, residents of the subject nation may be left without proper legal recourse. Legislators have made various efforts in both the United States and abroad to propound Corporate Codes of Conduct to address such concerns, but despite laudable intentions, features of the increasingly global economy "accentuate …
Cleaning Up Oil Spill Liability Through Commercial Quasi-Property Rights, Troy S. Brown
Cleaning Up Oil Spill Liability Through Commercial Quasi-Property Rights, Troy S. Brown
Troy S Brown
The pure economic loss rule, embodied in Robins Dry Dock v. Flint, has denied many individuals and businesses who commercially use and rely upon oil spill damaged land and resources, because their economic losses were unaccompanied by physical injury. In passing the Oil Pollution Act of 1990, the U.S. Congress sought to ameliorate the harshness of the pure economic loss rule by creating §2702(b)(2)(E), a cause of action to recover such economic losses, even in the absence of a recognized proprietary interest in an affected resource. However, the persistence of the pure economic loss rule, the Oil Pollution Act’s vague …
An Introduction To Climate Change Liability Litigation And A View To The Future, Michael B. Gerrard, Joseph A. Macdougald
An Introduction To Climate Change Liability Litigation And A View To The Future, Michael B. Gerrard, Joseph A. Macdougald
Faculty Scholarship
This article discusses the advancement of climate change litigation. It explores two approaches to climate change litigation; the first is to use the federal regulatory apparatus and the second is to use the tort system. The article explores key questions in climate change litigation such as, who is responsible for deciding the appropriate level of harmful emissions? How should courts handle the long tail effects of climate change? What are the proper forums to litigate in? And, what is the role of the federal government in climate change litigation?