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Articles 211 - 240 of 253
Full-Text Articles in Law
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
St. Mary's Law Journal
Abstract Forthcoming.
Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau
Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau
Northwestern Journal of International Law & Business
In Colombia, as in many other countries with oil reserves potential, the government has sought to reduce the activity's inherent high degree of un-certainty by shaping the legal and economic environment that foreign com-panies have to operate in, making it more profitable and attractive for them.16 This paper seeks to accurately represent this environment to the pro-spective investor, starting with the structures of the two basic transactions, referred to herein as "modes", through which most commonly, foreign com-panies participate in the oil industry in Colombia, namely, the Standard As-sociation Mode ("S.A.M") and the Risk Sharing Mode ("R.S.M.").17 The contractual agreements …
Regulation Fd: Sec Reestablishes Enforcement Capabilities Over Selective Disclosure., John P. Jennings
Regulation Fd: Sec Reestablishes Enforcement Capabilities Over Selective Disclosure., John P. Jennings
St. Mary's Law Journal
This Recent Development focuses on the potential effects Regulation Fair Disclosure (FD) will have on the participants in the American capital market and on the stock markets themselves. Congress and the Securities Exchange Commission (SEC) seek to achieve confidence in the integrity and fairness of the American stock market and protection of investors from fraud by promoting equal opportunities for investors. In order to maintain a competitive edge, vis-à-vis its foreign counterparts, the United States must continually refine its financial systems to maximize fairness and integrity. This Recent Development focuses on selective disclosure—allowing a limited segment of investors access to …
Those Dangerous Student Prayers., Kelly J. Coghlan
Those Dangerous Student Prayers., Kelly J. Coghlan
St. Mary's Law Journal
Abstract Forthcoming.
The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez
The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez
St. Mary's Law Journal
El Cenizo's Spanish language ordinance is likely to survive a constitutional challenge. The City Council of El Cenizo’s Spanish language ordinance, however, has generated a significant amount of controversy in the United States. The ordinance stipulates that all city council meetings will be made in the city’s predominant language—Spanish. Critics argue that the ordinance has made Spanish the official language. Critics also argue that the ordinance is discriminatory toward English speakers. English only advocacy groups, such as English First and U.S. English, argue that the ordinance will create a trend across the United States of immigrants refusing to embrace an …
Legislative Innovation In State Brownfields Redevelopment Programs, Heidi Gorovitz Robertson
Legislative Innovation In State Brownfields Redevelopment Programs, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
States throughout the country have created legislation and administrative programs to encourage the cleanup and redevelopment of urban brownfield land. In part, these efforts respond to the federal government's recent focus on the issue. However, leadership in method and approach has come, not from the federal government, but from the states. States have approached the cleanup and redevelopment of contaminated land in a variety of ways, some choosing to create voluntary cleanup programs, others imposing mandatory cleanup programs, and still others using combinations of these approaches. Regardless of method, however, the push to clean brownfield land is grounded in a …
Integration & Biocomplexity, Lakshman Guruswamy
Integration & Biocomplexity, Lakshman Guruswamy
Publications
Sustainable development (SD) is premised on the inescapable and integral role played by humans in shaping and impacting the natural world and has been recognized as a foundational norm of international environmental law and policy. Ecologicalism - an outlook that embraces a comprehensive approach to interdependent natural and human systems - provides the conceptual underpinnings for a creative and integrated environmental management philosophy for implementing SD. This Article argues that the daunting task of defining and applying such an integrated approach and philosophy to the multiple interacting changes affecting planetary life support systems can benefit from the U.S. experience in …
Protecting Ecosystems Under The Endangered Species Act, William Snape
Protecting Ecosystems Under The Endangered Species Act, William Snape
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: CAN THE TORTOISE STILL BEAT THE HARE? Can the tortoise even enter the race with its fabled competitor? Unfortunately, the desert tortoise is threatened with extinction and, consequently, most United States populations of this biological wonder are listed under the federal Endangered Species Act (ESA or Act) as a result of rampant habitat loss and other human causes. As desert tortoise numbers have declined, the species has also suffered from disease and predation.
South Camden And Environmental Justice: Substance, Procedure, And Politics, Jeffrey M. Gaba
South Camden And Environmental Justice: Substance, Procedure, And Politics, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
No abstract provided.
Regulation By Bootstrap: Contingent Management Of Hazardous Wastes Under The Resource Conservation And Recovery Act, Jeffrey M. Gaba
Regulation By Bootstrap: Contingent Management Of Hazardous Wastes Under The Resource Conservation And Recovery Act, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
In the last few years, EPA has increasingly employed the questionable technique of “contingent management” to regulate wastes under the federal Resource Conservation and Recovery Act (RCRA) in order to limit the costs and avoid the stigma of hazardous waste classification. Through the technique of contingent management, EPA has exempted materials from classification as hazardous waste on the condition that the materials are managed in the particular manner specified in the regulation. The ultimate bootstrap, contingent management allows EPA to regulate non-hazardous wastes over which it has no statutory jurisdiction. Perhaps more troubling, contingent management allows EPA to avoid the …
Proving An Environmental Justice Case: Determining An Appropriate Comparison Population, Bradford Mank
Proving An Environmental Justice Case: Determining An Appropriate Comparison Population, Bradford Mank
Faculty Articles and Other Publications
In proving a case of adverse disparate impact discrimination under Title VI of the 1964 Civil Rights Act, a plaintiff in its prima facie case must show a significant disparity between an affected population and an appropriate comparison population. Both government agencies and commentators have neglected to address the crucial issue of how to elect and define a comparison population. Title VI cases often look to Title VII cases for guidance. Title VII cases require that a comparison population should be similarly situated to the affected population. In 2000, the Environmental Protection Agency ("the EPA" or "the Agency") issued draft …
Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek
Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek
Villanova Environmental Law Journal
No abstract provided.
The District Of Columbia Circuit's New Found Vigilance Over Costly Regulations Affecting The Petroleum Industry: United States Environmental Protection Agency V. The American Petroleum Institute, Stuart O'Neal
Villanova Environmental Law Journal
No abstract provided.
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Articles by Maurer Faculty
No abstract provided.
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland
St. Mary's Law Journal
Abstract Forthcoming.
Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller
Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller
St. Mary's Law Journal
Abstract Forthcoming.
Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown
Class Dismissed: The Conservative Class Action Revolution Of The Texas Supreme Court., Russell T. Brown
St. Mary's Law Journal
Historically, Texas plaintiffs enjoyed tremendous flexibility in gaining certification for class action lawsuits because of a liberal approach employed by Texas trial courts. Because certification assignment occurred early in the judicial proceedings, Texas case law encouraged trial courts to grant certification of a class. Putative classes chose to seek relief in state court because of the state’s lax view regarding class actions, particularly when compared to federal courts. Concerns arose throughout Texas about the growing liberal methodology courts used to evaluate putative classes during certification. Federal influence, state lobbies, and legislative pressure led the Texas judiciary, through application of the …
The Arctic Environmental Protection Strategy, Arctic Council And Multilateral Environmental Initiatives: Tinkering While The Arctic Marine Environment Totters, David Vanderzwaag, Robert Huebert, Stacey Ferrara
The Arctic Environmental Protection Strategy, Arctic Council And Multilateral Environmental Initiatives: Tinkering While The Arctic Marine Environment Totters, David Vanderzwaag, Robert Huebert, Stacey Ferrara
Articles, Book Chapters, & Popular Press
The Arctic marine environment is not pristine, as commonly imagined, but is facing numerous pressures,' the most serious arguably coming from outside the region. Melting of sea ice, linked to global warming, threatens the long-term survival of various species including polar bears and has potential to seriously disrupt ocean currents. Persistent organic pollutants (POPs), including pesticides, industrial compounds and combustion by-products, are transported via air and water currents from regions outside the Arctic and become concentrated in the fatty tissues of animals." The pollutants threaten not only the well being of wildlife but the health of northern residents heavily dependent …
Economic Theory And The Environment, Russell S. Jutlah
Economic Theory And The Environment, Russell S. Jutlah
Villanova Environmental Law Journal
No abstract provided.
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Villanova Environmental Law Journal
No abstract provided.
Potential Responsibility Under Cercla: Canadyne-Georgia Corp. V. Nationsbank, N.A. (South) - An Illustration Of Why We Need A Common Federal Rule Defining Owned And Operated, Timothy Holly
Villanova Environmental Law Journal
No abstract provided.
Stand By Me: The Fourth Circuit Raises Standing Requirements In Friends Of The Earth, Inc. V. Gaston Copper Recycling Corp. - Just As Long As You Stand, Stand By Me, Amanda Masucci
Villanova Environmental Law Journal
No abstract provided.
Lowering The Bar: The Sixth Circuit Embraces The Ninth Circuit's Narrow Interpretation Of Section 1319(G)(6) Of The Clean Water Act In Rudolph Jones, Jr., Susan Jones, Tandy Jones Gilliland V. City Of Lakeland, Tennessee, Patrick Kurtas
Villanova Environmental Law Journal
No abstract provided.
Empowering Tribes - The District Of Columbia Circuit Upholds Tribal Authority To Regulate Air Quality Throughout Reservation Lands In Arizona Public Service Company V. Environmental Protection Agency, Kristina M. Reader
Villanova Environmental Law Journal
No abstract provided.
Refining The Combustion Mixture: Environmental Federalism And Oxygenated Gasoline In Exxon Mobil Corp. V. Epa, Sean P. Mahoney
Refining The Combustion Mixture: Environmental Federalism And Oxygenated Gasoline In Exxon Mobil Corp. V. Epa, Sean P. Mahoney
Villanova Environmental Law Journal
No abstract provided.
Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan
Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This article suggests that, as an antidote to the ever-tightening restrictions on individual environmental standing, a state may charter a not-for-profit corporation organized to protect a particular environmental resource, giving the corporation a non-exclusive portion of the State's interest in enforcing applicable environmental protections. The dichotomy between not-for-profit organizations that may litigate only as the representative of individual members' interests, and business corporations that assert their own direct economic interests, may seem natural to our late-twentieth-century sensibility, but is not founded in original intent. The framers of Article III, which grants jurisdiction over “cases and controversies” to the federal courts, …
David Ross Brower And Nature's Laws, Nicholas A. Robinson
David Ross Brower And Nature's Laws, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
“We're not blindly opposed to progress. We're opposed to blind progress.” These words summed up the style and power of David R. Brower. Indelibly, he chiseled toe hold after toe hold on an arduous climb across the rock face of the commercial forces driven to seek short-term gain from natural resources and oblivious to the longer-term costs to the Earth that the ecological sciences would chronicle but that economists would disregard as mere “externalities” in their classical market models. As Brower campaigned to protect the wilderness of North America and the Earth, through his sheer conviction and abundant eloquence, he …
Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson
Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Decisionmakers disregard scientific findings regarding environmental conditions, despite recommendations of the 1992 "Earth Summit" in Agenda 21 that science should provide a foundation for sustainable development. Although environmental degradation trends continue to exacerbate, decisionmakers address only selected issues. This Article examines an analytic paradigm for evaluating when decisionmakers are ready to address a problem and describes the catalytic role that scientific information can serve in prompting remedial action. Unless systematic procedures require evaluation of environmental scientific findings in the normal course of decisionmaking, science will continue to be ignored. One hallmark of Environmental Law has been to fashion such procedures, …
Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson
Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Without a better global effort to prevent and cope with forest fires, the remaining wild forests' resources of the world are at risk. Quite apart from the present loss of commercial timber and species habitat, and the present problems of flooding and erosion in the aftermath of fires, the loss of these wooded lands will reduce the capacity of regions to absorb carbon dioxide through photosynthesis, thereby making the challenge of managing emissions of greenhouse gases all the more problematic. Forests sequester carbon in their woody tissue as a result of photosynthesis, and are often termed the “lungs” of the …