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Articles 1 - 7 of 7

Full-Text Articles in Torts

Mays V. City Of Flint, Michigan, Nathan A. Burke Dec 2017

Mays V. City Of Flint, Michigan, Nathan A. Burke

Public Land & Resources Law Review

In Mays v. City of Flint Michigan, Michigan Department of Environmental Quality employees removed a class action against them in the Michigan state court to federal court under the federal-officer removal statute. This court ruled in favor of the residents of Flint, determining that the federal officer removal statute did not give the federal court jurisdiction over a state agency simply because the agency must follow federal rules. The court held that Michigan Department of Environmental Quality employees could not have been “acting under” the federal government even though the state agency’s enforcement authority could be trumped by the …


United States V. Osage Wind, Llc, Summer Carmack Dec 2017

United States V. Osage Wind, Llc, Summer Carmack

Public Land & Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …


Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez May 2017

Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez

Barry Law Review

No abstract provided.


Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman Mar 2017

Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman

Sea Grant Law Fellow Publications

No abstract provided.


Governmental Tort Liability For Disclosure Of Flood Hazard Information (Legal Fact Sheet Ctsg-17-04), Audrey Elzerman Jan 2017

Governmental Tort Liability For Disclosure Of Flood Hazard Information (Legal Fact Sheet Ctsg-17-04), Audrey Elzerman

Sea Grant Law Fellow Publications

Local governments and governmental entities, their employees, and members of their boards and commissions may be subjected to lawsuits in connection with municipal activities.This fact sheet reviews claims that may arise against them under tort law for negligence related to coastal management actions.


Takings, Torts, And Background Principles, Sandra B. Zellmer Jan 2017

Takings, Torts, And Background Principles, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.


Value Hypocrisy And Policy Sincerity: A Food Law Case Study, Joshua Ulan Galperin Jan 2017

Value Hypocrisy And Policy Sincerity: A Food Law Case Study, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

t is tempting to say that in 2017 there is a unique problem of hypocrisy in politics, where words and behaviors are so often in opposition. In fact, hypocrisy is nothing new. A robust legal and psychological literature on the importance of procedural justice demonstrates a longstanding concern with developing more just governing processes. One of the important features of this scholarship is that it does not focus only on the consequences of policymaking, in which behaviors, but not words, are relevant. Instead, it respects the intrinsic importance of fair process, lending credence not only to votes but also to …