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Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon Jan 1992

Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

It was not until the last day of the term, June 29, 1992, that the Court decided Lucas. By that time, interest could not have been greater. At issue was the validity of a regulation that prohibited all permanent development of the plaintiff's two beachfront lots. The South Carolina Supreme Court upheld the regulation by a 3-2 margin because it prevented a “great public harm.” The U.S. Supreme Court reversed that determination and remanded the case to determine whether South Carolina's common law of nuisance could prohibit the construction of single-family housing on the lots. The fractured Court delivered an …

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What Comes Out Must Go In: Cooling Water Intakes And The Clean Water Act, Karl R. Rábago Jan 1992

What Comes Out Must Go In: Cooling Water Intakes And The Clean Water Act, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

It is time to measure progress under section 316 of the Clear Water Act, the one section of the Act that focuses not on discharges, but on intakes. Part II of this Article discusses the environmental hazards in more detail and explains how cooling water intakes produce them. Part III of this Article examines the history of regulation and nonregulation under section 316(b) of the Clean Water Act, describes the development of the "common law" concerning the regulation of cooling water intakes, and explores the effect of EPA's regulatory actions and omissions on state regulatory efforts. Part IV assesses the …

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Redefining The Family: Recognizing The Altruistic Caretaker And The Importance Of Relational Needs, Beverly Horsburgh Jan 1992

Redefining The Family: Recognizing The Altruistic Caretaker And The Importance Of Relational Needs, Beverly Horsburgh

University of Michigan Journal of Law Reform

Part I of this Article describes the general nonrecognition of altruism in the law. It then focuses on contract law, discussing cases involving parties who cohabitate without formalizing their relationship in a marriage, and those who are not sexually intimate but are nevertheless interrelated members of an extended family. I argue that when a relationship ends, a caretaker becomes aware of her sacrifice and effort on behalf of another and experiences a sense of loss. However, recovery in contract requires the perverse recharacterization of the parties as self-seeking strangers impersonally bargaining over market services in a commodity exchange. Courts indulge …

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Book Review, Hugh H. Gibbons Jan 1992

Book Review, Hugh H. Gibbons

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

Reviews of the following books: K. S. SHRADER-FRECHETTE, Risk AND RATIONALITY (U. California Press 1991) [312 pp.] Index of Names, Index of Subjects, Notes. CIP 91-3294; ISBN 0-520-07287-1 (Cloth $39.95); ISBN 0-520-07289-8 (Pbk. $15.95). [2120 Berkeley Way, Berkeley, CA 94720.] W. KIP VisCusi, REFORMING PRODUCTS LIABILITY (Harvard U. Press 1991). [270 pp.] Appendices, bibliography, index, notes. CIP 90-23161, ISBN 0-674-75323-2 (Cloth $39.95). [79 Garden Street Cambridge, MA 02138.]

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Post-Revolutionary Law And Economics: A Foreword To The Symposium, Anthony D'Amato Jan 1992

Post-Revolutionary Law And Economics: A Foreword To The Symposium, Anthony D'Amato

Hofstra Law Review

The Lanec (short for Law and Economics) movement of the 1970s hit the legal landscape like a nuclear device and permanently irradiated it. A couple of decades later, as we sift through the fallout, we are entitled to ask whether anything fundamental has changed. Every contributorto this Symposium seems to answer yes. Maybe they're like the book reviewer who believes deep in her heart that the book is worthless, but if she reveals it the editor will conclude that there is no point in printing her review. Let me put my own biases on the table. In general I applaud …

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Life After Hardwick, Nan D. Hunter Jan 1992

Life After Hardwick, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

Unless or until it is narrowed or overruled, Bowers v. Hardwick will dominate the law concerning government regulation of sexuality. In Hardwick the Supreme Court upheld as constitutional a Georgia sodomy statute that made oral or anal intercourse a felony punishable by up to twenty years in prison. The Court ended its long reluctance to assess the constitutionality of limitations on sexuality as distinct from contraception by ruling that the protected zone created by the privacy right stops short of covering private consensual sexual relations between adults. In so ruling, the Court left in place a patchwork of prohibitory laws …

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The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche Jan 1992

The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …

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Out Of The Lab And Into The Field: Harmonization Of Deliberate Release Regulations For Genetically Modified Organisms, Judy J. Kim Jan 1992

Out Of The Lab And Into The Field: Harmonization Of Deliberate Release Regulations For Genetically Modified Organisms, Judy J. Kim

Fordham International Law Journal

This Note analyzes current international regulations for the deliberate release of genetically modified organisms into the environment. Part I describes the benefits and risks associated with the introduction of GMOs into the environment and presents an overview of deliberate release regulations in various countries to show the range of standards in individual nations. Part II analyzes international multilateral efforts to regulate the deliberate release of GMOs. Part III critiques current international efforts to regulate deliberate releases and proposes harmonization of deliberate release regulations through an international body that would approve these releases upon proof of safety of the proposed release …

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The Practical Failure Of German Export Control Law: A Lesson In Modern Trade, Daniel D. Corcoran Jan 1992

The Practical Failure Of German Export Control Law: A Lesson In Modern Trade, Daniel D. Corcoran

Fordham International Law Journal

This Comment will argue that the process of controlling exports must change fundamentally if the foreign policy and security objectives of export controls are to be met. Part I will examine the existing international obligations of exporting nations, such as the FRG, highlighting current public international law. Part I will also analyze the structure of the relevant German legislation. Part II will discuss the practical failure of German export controls. Additionally, Part II will review the subsequent reform legislation. Part III will argue that restructuring of the current national controls is necessary. The national measures should control either categorically or …

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Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.

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Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

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The World Of Law, Science And Medicine, According To George P. Smith, Ii, Raymond C. O'Brien Jan 1992

The World Of Law, Science And Medicine, According To George P. Smith, Ii, Raymond C. O'Brien

Scholarly Articles

No abstract provided.

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The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation Of Ecosystems, Harmful Conditions And Emergency Situations, And Protection Of Water Installations, Ved P. Nanda Jan 1992

The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation Of Ecosystems, Harmful Conditions And Emergency Situations, And Protection Of Water Installations, Ved P. Nanda

Colorado Environmental Law Journal

No abstract provided.

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Observations On The International Law Commission's Draft Rules On The Non-Navigational Uses Of International Watercourses: Articles 1–4, Robert D. Hayton Jan 1992

Observations On The International Law Commission's Draft Rules On The Non-Navigational Uses Of International Watercourses: Articles 1–4, Robert D. Hayton

Colorado Environmental Law Journal

No abstract provided.

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"Preservation And Protection" Under The 1991 Ilc Draft Articles On The Law Of International Watercourses, Charles Odidi Okidi Jan 1992

"Preservation And Protection" Under The 1991 Ilc Draft Articles On The Law Of International Watercourses, Charles Odidi Okidi

Colorado Environmental Law Journal

No abstract provided.

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Questions & Answers – Panel #1, Colorado Journal Of International Environmental Law And Policy Jan 1992

Questions & Answers – Panel #1, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Relativity In International Water Law, Xue Hanqin Jan 1992

Relativity In International Water Law, Xue Hanqin

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 1992

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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International Water Law And The International Law Commission: Articles 21 And 22 – Four Questions And Two Proposals, Albert E. Utton Jan 1992

International Water Law And The International Law Commission: Articles 21 And 22 – Four Questions And Two Proposals, Albert E. Utton

Colorado Environmental Law Journal

No abstract provided.

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Is The International Ban On The Importation Of Ivory Saving The African Elephant?, Susan J. Keller Jan 1992

Is The International Ban On The Importation Of Ivory Saving The African Elephant?, Susan J. Keller

Colorado Environmental Law Journal

No abstract provided.

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Trees Of Life: Saving Tropical Forests And Their Biological Wealth By Kenton Miller And Laura Tangley, Richard Z. Donovan Jan 1992

Trees Of Life: Saving Tropical Forests And Their Biological Wealth By Kenton Miller And Laura Tangley, Richard Z. Donovan

Colorado Environmental Law Journal

No abstract provided.

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Preservation Of Biological Diversity: Toward A Global Convention, Kathyrn Rackleff Jan 1992

Preservation Of Biological Diversity: Toward A Global Convention, Kathyrn Rackleff

Colorado Environmental Law Journal

No abstract provided.

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Cedarena, Colorado Journal Of International Environmental Law And Policy Jan 1992

Cedarena, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents Jan 1992

Table Of Contents

Colorado Environmental Law Journal

No abstract provided.

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Role Of Science In Valuing Natural Resources After State Of Ohio V. Department Of Interior, 880 F.2d 432 (D.C. Cir. 1989), Ellen Louderbough Jan 1992

Role Of Science In Valuing Natural Resources After State Of Ohio V. Department Of Interior, 880 F.2d 432 (D.C. Cir. 1989), Ellen Louderbough

Natural Resources Journal

No abstract provided.

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The Contribution Of New States To The Development Of International Law, Mochtar Kusuma-Atmadja Jan 1992

The Contribution Of New States To The Development Of International Law, Mochtar Kusuma-Atmadja

Santa Clara Law Review

No abstract provided.

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The Human Property Gap, Gina M. Grandolfo Jan 1992

The Human Property Gap, Gina M. Grandolfo

Santa Clara Law Review

No abstract provided.

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Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey Jan 1992

Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey

Journal Articles

No abstract provided.

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A View From The Trenches, Sara R. Nichols Jan 1992

A View From The Trenches, Sara R. Nichols

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Vaccinating Aids Vaccine Manufacturers Against Product Liability, H. William Smith Jan 1992

Vaccinating Aids Vaccine Manufacturers Against Product Liability, H. William Smith

Case Western Reserve Law Review

No abstract provided.

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