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Still Dirty After Twenty-Five Years: Water Quality Standard Enforcement And The Availability Of Citizen Suits, Michael P. Healy Jan 1997

Still Dirty After Twenty-Five Years: Water Quality Standard Enforcement And The Availability Of Citizen Suits, Michael P. Healy

Law Faculty Scholarly Articles

When Congress enacted the Federal Water Pollution Control Act, commonly known as the Clean Water Act, it established a pollution control regime that imposed a baseline level of technology-based pollution control, and was designed to ensure that water quality would not fall below certain standards. Twenty-five years after the enactment of the Clean Water Act, success may be claimed with regard to technology-based controls. Achieving water quality standard (WQS) compliance has proved much more difficult. Indeed, evaluated from a variety of perspectives, the enforcement of the water quality-based system of pollution control must be viewed as a failure.

In light …


State Of Utah V. Travis Ben Harding : Brief Of Appellee, Utah Court Of Appeals Jan 1997

State Of Utah V. Travis Ben Harding : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE

APPEAL FROM A CONVICTION FOR POSSESSION OF A CONTROLLED SUBSTANCE (METHAMPHETAMINE) IN A DRUG-FREE ZONE, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37- 8(2)(a)(i) (1997), IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, THE HONORABLE RAY M. HARDING, PRESIDING


Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter Jan 1997

Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter

Journal of Criminal Law and Criminology

No abstract provided.


The Whole Truth: Restoring Reality To Children's Narrative In Long-Term Incest Cases, Leslie Feiner Jan 1997

The Whole Truth: Restoring Reality To Children's Narrative In Long-Term Incest Cases, Leslie Feiner

Journal of Criminal Law and Criminology

No abstract provided.


The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso Jan 1997

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso

Journal of Criminal Law and Criminology

No abstract provided.


Justice For Children: How Do We Get There, Thomas F. Geraghty Jan 1997

Justice For Children: How Do We Get There, Thomas F. Geraghty

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Behavior And Age: A Test Of Three Provocative Hypotheses, Charles R. Tittle, Harold G. Grasmick Jan 1997

Criminal Behavior And Age: A Test Of Three Provocative Hypotheses, Charles R. Tittle, Harold G. Grasmick

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews Jan 1997

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.


Socrates, The Schools, And Civility: The Continuing War Between Inculcation And Inquiry, Jeffrey J. Pyle Jan 1997

Socrates, The Schools, And Civility: The Continuing War Between Inculcation And Inquiry, Jeffrey J. Pyle

The Journal of Law and Education

No abstract provided.


Consideration As The Commitment To Relinquish Autonomy, Howard Engelskirchen Jan 1997

Consideration As The Commitment To Relinquish Autonomy, Howard Engelskirchen

Seton Hall Law Review

No abstract provided.


Concerns And Priorities In Genetic Studies: Insights From Recent African American Biohistory, Fatimah Jackson Jan 1997

Concerns And Priorities In Genetic Studies: Insights From Recent African American Biohistory, Fatimah Jackson

Seton Hall Law Review

No abstract provided.


Protecting Addicts In The Employment Arena: Charting A Course Toward Tolerance, Amy L. Hennen Jan 1997

Protecting Addicts In The Employment Arena: Charting A Course Toward Tolerance, Amy L. Hennen

Minnesota Journal of Law & Inequality

No abstract provided.


After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres Jan 1997

After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.


Romer V. Hardwick, Janet E. Halley Jan 1997

Romer V. Hardwick, Janet E. Halley

University of Colorado Law Review

No abstract provided.


Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Constitution, David H. Getches Jan 1997

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Constitution, David H. Getches

University of Colorado Law Review

No abstract provided.


Of "Subtle Prejudices," White Supremacy, And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya Jan 1997

Of "Subtle Prejudices," White Supremacy, And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya

University of Colorado Law Review

No abstract provided.


Pving The Path To Parity In Health Insurance Coverage For Mental Illness: New Law Or Merely Good Intentions?, Brian D. Shannon Jan 1997

Pving The Path To Parity In Health Insurance Coverage For Mental Illness: New Law Or Merely Good Intentions?, Brian D. Shannon

University of Colorado Law Review

No abstract provided.


Inappropriate Application Of The Best Interests Of The Child Standard Leads To Worst Case Scenario: In Re C.C.R.S., Melanie B. Lewis Jan 1997

Inappropriate Application Of The Best Interests Of The Child Standard Leads To Worst Case Scenario: In Re C.C.R.S., Melanie B. Lewis

University of Colorado Law Review

No abstract provided.


Integrity And Universality: A Comment On Ronald Dworkin's Freedom's Law, Robin West Jan 1997

Integrity And Universality: A Comment On Ronald Dworkin's Freedom's Law, Robin West

Fordham Law Review

No abstract provided.


Only A Little Bit Pregnant: The Pregnancy Discrimination Act From A Performer's Perspective, Lisa Stolzy Jan 1997

Only A Little Bit Pregnant: The Pregnancy Discrimination Act From A Performer's Perspective, Lisa Stolzy

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Representing Black Male Innocence, Joan W. Howarth Jan 1997

Representing Black Male Innocence, Joan W. Howarth

Scholarly Works

This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.

The second part uses the case to investigate …


Commercialization Of Genetic Testing Services: The Fda, Market Forces, And Biological Tarot Cards, Michael J. Malinowski, Robin J.R. Blatt Jan 1997

Commercialization Of Genetic Testing Services: The Fda, Market Forces, And Biological Tarot Cards, Michael J. Malinowski, Robin J.R. Blatt

Journal Articles

No abstract provided.


Jaffee V. Redmond: The Supreme Court Recognizes The Psychotherapist-Patient Privilege In The Federal Courts And Expands The Privilege To Include Social Workers, Jason L. Gunter Jan 1997

Jaffee V. Redmond: The Supreme Court Recognizes The Psychotherapist-Patient Privilege In The Federal Courts And Expands The Privilege To Include Social Workers, Jason L. Gunter

Nova Law Review

No abstract provided.


The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman Jan 1997

The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman

St. Mary's Law Journal

Abstract Forthcoming.


Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan Jan 1997

Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan

St. Mary's Law Journal

Responding to the terrorist bombing in Oklahoma City, Congress spent several months researching and discussing the best ways to strengthen the United States’ ability to deter and punish terrorism. In 1996, Congress sent a bill to the President designed to make the country safer, and President Clinton signed the bill into law: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA mandates a foreign national convicted of perjury be deported. Tucked away in the middle of the AEDPA, strict sanctions are imposed on noncitizens who commit perjury or subordination of perjury. In an attempt to strengthen the …


Practical Application Of International Environmental Law: Does It Work Atoll, Martin D. Gelfand Jan 1997

Practical Application Of International Environmental Law: Does It Work Atoll, Martin D. Gelfand

Case Western Reserve Journal of International Law

No abstract provided.


Unilateralism As A Defense Mechanism: An Overview Of The Iran And Libyan Sanctions Act Of 1996, Marc C. Hebert Jan 1997

Unilateralism As A Defense Mechanism: An Overview Of The Iran And Libyan Sanctions Act Of 1996, Marc C. Hebert

University of Miami International and Comparative Law Review

No abstract provided.


Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons Jan 1997

Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons

Faculty Publications

In People in Interest of S.A.H., the South Dakota Supreme Court held that open adoptions, or post-adoption visitation by the natural parents, while not prohibited under South Dakota law when in the best interests of the child, should only be mandated when the trial court finds that it is in the best interests of the child by clear and convincing evidence. The court also instructed trial courts to weigh the needs of the child, the effect on integration with the new family, and the potential effect on the pool of other prospective adoptive parents. This decision, while securing judicial enforcement …


Di Goldine Medina (The Golden Land): Historical Perspectives Of Eugenics And The East European (Ashkenazi) Jewish-American Community, 1880-1925, Howard Markel, M.D., Phd. Jan 1997

Di Goldine Medina (The Golden Land): Historical Perspectives Of Eugenics And The East European (Ashkenazi) Jewish-American Community, 1880-1925, Howard Markel, M.D., Phd.

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Epidemics Of Injecting Drug Use And Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin Jan 1997

The Epidemics Of Injecting Drug Use And Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In this article, the author first examines the mechanism by which blood-borne disease is transmitted through sharing of injection equipment. Thereafter, he presents a public health strategy for reducing multi-person use of contaminated injection equipment. This strategy includes: repealing or modifying current laws and regulations making possession and distribution of sterile injection equipment a criminal offense; implementing syringe exchange programs to expand access to new syringes for users of injection drugs; and counseling, education, and treatment targeted to injecting drug users (IDUs), including those in the prison and health care system. The objective of a public health approach is not …