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The Public Trust Doctrine In Washington, A. Reid Allison Iii Jan 1987

The Public Trust Doctrine In Washington, A. Reid Allison Iii

Seattle University Law Review

This Article addresses questions of resource allocation and property rights, first, by presenting a brief description of the historical and legal foundation of coastal resource allocation in the United States: the “public trust doctrine.” Second, a survey of the Washington experience demonstrates, surprisingly, that a state whose 2,337 miles of marine coastline approximately equals the length of the entire remaining coastline of the contiguous western United States, has managed to establish a viable and responsive regulatory regime governing coastal resource use with scarcely a mention in its laws of the “public trust doctrine.”

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Midlantic National Bank V. New Jersey Department Of Environmental Protection: Supreme Court Balances Objectives Of The Bankruptcy Code With State Environmental Laws, Jill C. Kosmin Jan 1987

Midlantic National Bank V. New Jersey Department Of Environmental Protection: Supreme Court Balances Objectives Of The Bankruptcy Code With State Environmental Laws, Jill C. Kosmin

Loyola University Chicago Law Journal

No abstract provided.

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Constitutional Law - Congressional Abrogation Of The Eleventh Amendment - States Are Not Subject To Suits In Federal Court Brought By Private Parties Pursuant To The Comprehensive Environmental Response, Compensation And Liability Act, David M. Augustine Jan 1987

Constitutional Law - Congressional Abrogation Of The Eleventh Amendment - States Are Not Subject To Suits In Federal Court Brought By Private Parties Pursuant To The Comprehensive Environmental Response, Compensation And Liability Act, David M. Augustine

Villanova Law Review (1956 - )

No abstract provided.

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Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn Jan 1987

Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn

St. Mary's Law Journal

Abstract Forthcoming.

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Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii Jan 1987

Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr. Jan 1987

Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.

Articles

This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the …

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Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret Ivey Bacigal Jan 1987

Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

The effectiveness of criminal prosecutions in the environmental law area is often disparaged. Some commentators suggest that corporate behavior is not significantly affected by criminal convictions because fines that are adequate to deter individual pollutors often have little impact on multi-million dollar corporations. Such a contention, however is challenged by the history surrounding the prosecution of the Allied Chemical Corporation for the pollution caused by the pesticide Kepone. The successful prosecution of the Kepone case dramatically altered Allied's corporate behavior had a significant impact on legislative and administrative inspection schemes, and led to the establishment of an endowment for improvement …

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Chernobyl Fallout: Recent Iaea Conventions Expand Transboundary Nuclear Pollution Law, Michael A. Heller Jan 1987

Chernobyl Fallout: Recent Iaea Conventions Expand Transboundary Nuclear Pollution Law, Michael A. Heller

Faculty Scholarship

After releasing a radioactive cloud over Europe, the April 1986 nuclear power plant accident at Chernobyl in the USSR sparked a chain-reaction of diplomatic negotiation that culminated in two recent International Atomic Energy Agency (IAEA) conventions on nuclear accidents. The Convention on Early Notification of a Nuclear Accident (Convention on Early Notification) and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (Convention on Assistance) were both opened for signature on September 26, 1986 at the end of a three-day IAEA special session on the lessons of the Soviet nuclear plant disaster. In the months …

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Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan Jan 1987

Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan

St. Mary's Law Journal

Abstract Forthcoming.

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A Model Wetlands Protection Ordinance: Legal Considerations, Mary Jane Angelo Jan 1987

A Model Wetlands Protection Ordinance: Legal Considerations, Mary Jane Angelo

UF Law Faculty Publications

Many counties in Florida are currently in the process of developing new wetlands protection ordinances, or revising old ones. While public policy supports strict regulation of activities in wetlands, many counties are reluctant to adopt restrictive ordinances because of the potential for large damages awards if the regulations are later found to be temporary takings. Recent Supreme Court case law has upheld the payment of compensation as an appropriate remedy for overly restrictive land use regulations compounding the fears of local governments. This paper summarizes the legal implications of a Model Wetlands Protection Ordinance developed by the author. In particular, …

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Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech Jan 1987

Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech

St. Mary's Law Journal

Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …

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Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley Jan 1987

Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley

St. Mary's Law Journal

Abstract Forthcoming.

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Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling Jan 1987

Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling

St. Mary's Law Journal

Abstract Forthcoming.

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Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson Jan 1987

Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.

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Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr. Jan 1987

Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts Jan 1987

A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts

St. Mary's Law Journal

The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …

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Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam Jan 1987

Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam

St. Mary's Law Journal

Abstract Forthcoming.

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The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter Jan 1987

The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.

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White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling Jan 1987

White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling

St. Mary's Law Journal

Abstract Forthcoming.

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The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory Jan 1987

The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory

St. Mary's Law Journal

Abstract Forthcoming.

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Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski Jan 1987

Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski

St. Mary's Law Journal

Abstract Forthcoming.

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Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers Jan 1987

Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers

St. Mary's Law Journal

Abstract Forthcoming.

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New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr. Jan 1987

New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Criminal Law - Search And Seizure - Closey-Regulated Industry Exception To Fourth Amendment's Warrant Requirement Expanded To Vehicle Dismantling Industry On Basis Of State Regulatory Statute Case Note., L. Eric Friedland Jan 1987

Criminal Law - Search And Seizure - Closey-Regulated Industry Exception To Fourth Amendment's Warrant Requirement Expanded To Vehicle Dismantling Industry On Basis Of State Regulatory Statute Case Note., L. Eric Friedland

St. Mary's Law Journal

Abstract Forthcoming.

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Criminal Law - Right Of Confrontation - Admission Of Pre-Trial Videotaped Testimony Of Sexually Abused Child Pursuant To Article 38.071, Section 2, Texas Code Of Criminal Procedure Violates Right Of Confrontation And Due Process Case Note., Curtis L. Cukjati Jan 1987

Criminal Law - Right Of Confrontation - Admission Of Pre-Trial Videotaped Testimony Of Sexually Abused Child Pursuant To Article 38.071, Section 2, Texas Code Of Criminal Procedure Violates Right Of Confrontation And Due Process Case Note., Curtis L. Cukjati

St. Mary's Law Journal

Abstract Forthcoming.

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Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt Jan 1987

Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt

St. Mary's Law Journal

Abstract Forthcoming.

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An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer Jan 1987

An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer

St. Mary's Law Journal

Abstract Forthcoming.

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Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier Jan 1987

Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier

Reviews

Environmental problems have been on the agenda of the federal government in the United States for roughly a century now, about half of the government's life, and a dominant concern for the last two decades. The European Economic Community ("EEC"), itself a system perhaps on its way to some brand of federalism, presents a similar but much foreshortened picture. The EEC has been concerned with the environment for about the last half of its thirty year life. Environmental Protection Policy' ("EPP") is a richly detailed study of environmental policy in these two very different systems.

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Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii Jan 1987

Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Bankruptcy Code Does Not Require Periodic Postpetition Payments To Undersecured Creditors For Interest On Value Of Collateral As Compensation For Delay Of Chapter 11 Reorganization Proceedings During Pendency Of Automatic Stay., Robert J. Ogle Jan 1987

Bankruptcy Code Does Not Require Periodic Postpetition Payments To Undersecured Creditors For Interest On Value Of Collateral As Compensation For Delay Of Chapter 11 Reorganization Proceedings During Pendency Of Automatic Stay., Robert J. Ogle

St. Mary's Law Journal

Abstract Forthcoming.

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