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Full-Text Articles in Transportation Law

High Speed Rail In America: An Evaluation Of The Regulatory, Real Property, And Environmental Obstacles A Project Will Encounter, Darren A. Prum, Sarah L. Catz Jan 2012

High Speed Rail In America: An Evaluation Of The Regulatory, Real Property, And Environmental Obstacles A Project Will Encounter, Darren A. Prum, Sarah L. Catz

Darren A. Prum

In 2009, President Barak Obama allocated $8 billion in stimulus funding for high speed rail projects across the United States. One year later, in 2010, an additional $2.5 billion was distributed to corridors with High Speed Rail Projects. Even though the most recent congressional budget eliminated high speed rail funding, many corridors are working diligently to break ground by the end of 2012. Before a high speed rail project can be fully implemented there are many legal and environmental issues and regulations to examine. This paper conducts a complete analysis of those issues and regulations and suggests how to apply …


Final Envrionmental Impact Statement: Iron Point Exploration License -- Iron Point Coal Lease Tract -- Elk Creek Coal Lease Tract, Volume 1, United States Department Of Agriculture -- Forest Service, United States Departement Of The Interior -- Bureau Of Land Management Feb 2000

Final Envrionmental Impact Statement: Iron Point Exploration License -- Iron Point Coal Lease Tract -- Elk Creek Coal Lease Tract, Volume 1, United States Department Of Agriculture -- Forest Service, United States Departement Of The Interior -- Bureau Of Land Management

Environmental Assessments (CO)

The Final Environmental Impact Statement (EIS) describes the physical, biological, social, and economic resources that would be potentially affected by leasing of the Iron Point and Elk Creek Coal Lease tracts as well as issuing an exploration license for an area within and surrounding the Iron Point Coal Lease Tract. The federal decisions to be made involve the approval or disapproval of coal leasing (the Iron Point and Elk Creek tracts) and of an exploration license. Some of the key issues for these proposed actions include: the potential effects of transporting over 19 million tons of coal per year from …


The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White Jun 1992

The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White

RISK: Health, Safety & Environment (1990-2002)

Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.


Land Use Planning Study Impacts Of Short Line Railroads, Umass Amherst Center Economic Development Jan 1991

Land Use Planning Study Impacts Of Short Line Railroads, Umass Amherst Center Economic Development

Center for Economic Development Technical Reports

The purpose of this report was to examine local land use policies and practices in respect to short line railroads in Massachusetts to ensure that they meet federal and state goals. The railroads were located in Palmer, Westfield and Braintree, Massachusetts.


Icc Conditions Merger Approval Upon Retention Of Jurisdiction To Allow Inclusion Of Additional Railroads In The Future, Michigan Law Review Jan 1965

Icc Conditions Merger Approval Upon Retention Of Jurisdiction To Allow Inclusion Of Additional Railroads In The Future, Michigan Law Review

Michigan Law Review

In two recent merger proceedings under section 5(2) of the Interstate Commerce Act, Seaboard Air Line R.R. - Merger-Atlantic Coast Line R.R. and Norfolk & W. Ry. and New York, C. & St. L. R.R.-Merger, the Interstate Commerce Commission imposed conditions" whereby it retained jurisdiction over the proceedings for five years to allow specified railroads to petition for inclusion in the new railway systems. Their inclusion would be ordered if found by the Commission, after a full hearing, to be consistent with the public interest.


Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill Jan 1961

Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill

Michigan Law Review

Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …


Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith Jun 1959

Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith

Michigan Law Review

The Transportation Act of 1958 amended the Interstate Commerce Act by authorizing railroad discontinuance of interstate train or ferry operations by posting advance notices thereof. The Interstate Commerce Commission can investigate such discontinuances either upon complaint or its own motion, and may require continuance of service if, after hearing, it finds such operation required by public convenience and necessity and not unduly burdensome to interstate commerce. Public Law 85-625, August 12, 1958, 72 Stat. 568.


Hunt: Law And Locomotives: The Impact Of The Railroad On Wisconsin Law In The Nineteenth Century, Alan N. Polasky Jun 1959

Hunt: Law And Locomotives: The Impact Of The Railroad On Wisconsin Law In The Nineteenth Century, Alan N. Polasky

Michigan Law Review

A Review of Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century. By Robert S. Hunt.


Lecht: Experience Under Railway Labor Legislation, Sylvester Petro Apr 1957

Lecht: Experience Under Railway Labor Legislation, Sylvester Petro

Michigan Law Review

A Review of Experience Under Railway Labor Legislation. By Leonard A. Lecht.


Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed. Dec 1954

Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.

Michigan Law Review

Sparks from defendant's train started a fire on defendant's right of way which spread toward plaintiff's farm. Plaintiff, in an attempt to contain the fire, plowed a fire guard along the edge of his property. While driving his tractor to a safe place after completing the last furrow, he ran over a root or limb which flew up and struck him in the eye, causing blindness. In the trial court plaintiff recovered from the railroad under an Oklahoma statute which specified that "Any railroad company operating any line in this state shall be liable for all damages sustained by fire …


Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed. Dec 1954

Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.

Michigan Law Review

Plaintiff sustained injuries when she fell between defendant's subway car and a platform directly opposite the car door. The cause assigned was the pressure from the closely packed crowd of subway passengers during a rush hour which resulted in plaintiff's being "carried by the crowd" into a position of danger. Defendant had shifted extra guards to the overcrowded area. No evidence of disorderliness or gang action appeared. In an action for damages due to defendant's negligence in failing to control the crowd, held, for defendant. Callaghan v. New York City Transit System, 204 Misc. 236, 125 N.Y.S. (2d) …


Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed. Nov 1954

Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.

Michigan Law Review

The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.


Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess May 1922

Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess

Michigan Law Review

In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.


Bill For The Nationalization Of Railroads, William W. Cook Nov 1915

Bill For The Nationalization Of Railroads, William W. Cook

Michigan Law Review

The great Mississippi Valley from the Alleghanies to the Rockies and from the Lakes to the Gulf dominates the Federal Government. It sends 231 of the 435 Representatives and 48 of the 96 Senators to Congress. In its confines are 24 of the 48 states. It has an area of over a billion acres of land-over one-half of the United States. It has fifty million people-over one-half of the nation. Some day it will have two hundred and fifty million. It contains a new race of men-fused of many nations-strong, enduring, resilient.' To it and the South, as Elihu Root …


Liability Of Railroad Companies For Medical Services Rendered To Injured Employees And Others, Harry B. Hutchins Jan 1903

Liability Of Railroad Companies For Medical Services Rendered To Injured Employees And Others, Harry B. Hutchins

Articles

Although it has been held that, by virtue of the relation between them, the employer is bound to furnish medical aid to his sick or injured employee,1 yet, at the present time, according to the general concensus of opinion, this is not the law.