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Articles 16351 - 16380 of 18477
Full-Text Articles in Law
Debt-For-Nature Evolves: The Enterprise For The Americas Initiative, Douglas Logsdon
Debt-For-Nature Evolves: The Enterprise For The Americas Initiative, Douglas Logsdon
Colorado Environmental Law Journal
No abstract provided.
Events Of October 1991–April 1992, Colorado Journal Of International Environmental Law And Policy
Events Of October 1991–April 1992, Colorado Journal Of International Environmental Law And Policy
Colorado Environmental Law Journal
No abstract provided.
The Answer To Global Pollution? A Critical Examination Of The Problems And Potential Of The Polluter-Pays Principle, Ursula Kettlewell
The Answer To Global Pollution? A Critical Examination Of The Problems And Potential Of The Polluter-Pays Principle, Ursula Kettlewell
Colorado Environmental Law Journal
No abstract provided.
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
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.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Enforcing The New International Law Of The Environment, Mary Ellen O'Connell
Enforcing The New International Law Of The Environment, Mary Ellen O'Connell
Journal Articles
New international environmental law is emerging at an unprecedented pace. In addition to the hundreds of treaties already adopted and the many more in the midst of negotiation, a new and important rule of customary international law is developing which obligates States to take steps to prevent environmental harm before it occurs. But can this newly emerging law be enforced? Many have the impression that international environmental law cannot be enforced or is rarely enforced. While it is true that the enforcement picture is not overly impressive, it is not true that enforcement is impossible or cannot be improved. This …
Note, Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia Jr.
Note, Lead Poisoning In Children: A Proposed Legislative Solution To Municipal Liability For Furnishing Lead-Contaminated Water, Anthony J. Bellia Jr.
Journal Articles
Lead poisoning has become one of the most widespread and serious environmental diseases facing children in the United States. In response to the problem of childhood lead exposure, the Environmental Protection Agency (EPA) has promulgated expansive regulations to reduce drinking water lead levels. However, the regulations are not without significant gaps and shortfalls. Many improvements that the EPA requires need not be in place for years, and some households at risk of unsafe lead exposure receive no regulatory protection at all. One question that arises amidst these regulatory gaps is whether a plaintiff can hold a public water system liable …
Nontidal Wetlands Protection In Maryland And Virginia, Richard H. Mcneer
Nontidal Wetlands Protection In Maryland And Virginia, Richard H. Mcneer
Maryland Law Review
No abstract provided.
Environmental Criminal Prosecutions: Simple Fixes For A Flawed System, Kevin A. Gaynor, Jodi C. Remer, Thomas R. Bartman
Environmental Criminal Prosecutions: Simple Fixes For A Flawed System, Kevin A. Gaynor, Jodi C. Remer, Thomas R. Bartman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Going Naked Into The Thorns: Consequences Of Conducting An Environmental Audit Program, Linda Richenderfer, Neil R. Bigioni
Going Naked Into The Thorns: Consequences Of Conducting An Environmental Audit Program, Linda Richenderfer, Neil R. Bigioni
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Clean Air Act Amendments Of 1990: Enhanced Criminal Liability, Alexa B. Pappas
The Clean Air Act Amendments Of 1990: Enhanced Criminal Liability, Alexa B. Pappas
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Recovery Of Response Costs Under Cercla: A Question Of Causation Under Dedham Water Co. V. Cumberland Farms Dairy, Inc., Kim Kocher
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Environmental Prosecutor: New Jersey's Innovative Approach To Environmental Enforcement, Steven J. Madonna, Kathleen M. Breslin
The Environmental Prosecutor: New Jersey's Innovative Approach To Environmental Enforcement, Steven J. Madonna, Kathleen M. Breslin
Villanova Environmental Law Journal (1991 - )
No abstract provided.
An Expansion Of Corporate Successor Liability Under Cercla: United States V. Distler, Susan M. Girard
An Expansion Of Corporate Successor Liability Under Cercla: United States V. Distler, Susan M. Girard
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A View From The Trenches, Sara R. Nichols
A View From The Trenches, Sara R. Nichols
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The New Federal Standards For Municipal Solid Waste Landfills: Adding Fuel To The Regulatory Fire, Kathleen Farrelly
The New Federal Standards For Municipal Solid Waste Landfills: Adding Fuel To The Regulatory Fire, Kathleen Farrelly
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Deferred Cost-Sharing Through Title Iv Of The 1990 Clean Air Act Amendments, Richard L. Trumka
Deferred Cost-Sharing Through Title Iv Of The 1990 Clean Air Act Amendments, Richard L. Trumka
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn
Unpublished Opinions Shall Not Be Cited As Authority: The Emerging Contours Of Texas Rule Of Appellate Procedure 90(I)., David M. Gunn
St. Mary's Law Journal
In Texas, worries of judicial overproduction have persisted throughout the twentieth century. Although the Texas Supreme Court began to use per curiam opinions more frequently around 1925, the flood continues. Texas now has more courts and judges than ever before, and history offers no reason to expect retrenchment. The present scheme in Texas creates two classes of judicial opinions, published and unpublished. Unpublished opinions are not supposed to count for purposes of stare decisis, while published opinions do. Texas Appellate Rule 90 regulates the issuance of opinions from the courts of appeals. Part (a) requires intermediate courts to issue written …
Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash
Analyzing Scientific Evidence: From Validity To Reliability With A Two-Step Approach., Renee A. Forinash
St. Mary's Law Journal
Throughout legal history, courts have wrestled with scientific evidence. Sometimes the courts admitted invalid evidence disguised as science. In the 1920’s, courts developed a very limited standard of admissibility for scientific evidence. Under the Frye test, a scientific expert’s conclusion was inadmissible unless the conclusion was generally accepted by the scientific community. Although this prevented “junk science” from invading courtrooms, it also protected invalid scientific evidence already present in the system and restricted using new, but valid, scientific techniques. In response, many jurisdictions developed more liberal evidentiary standards. The liberal standards averted the “cultural lag” for which Frye was criticized …
Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George
Book Review: U.S. Energy And Environmental Interest Groups By Lettie Wenner, Tracey E. George
Vanderbilt Law School Faculty Publications
Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The Environmental Decade (1982) and One Environment Under Law (1976)), should publish a compendium describing such groups is an occasion for optimism. And, indeed, she does provide a useful reference tool for those seeking basic descriptions of these groups; yet, unfortunately, she does not offer a thorough or critical understanding of how they operate.
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
Faculty Articles
The subject of public international law is vast, rich and varied, thus offering the potential to explore many interrelated topics ranging from the lofty philosophical precepts of positivist and naturalist thought to the technical intricacies of international business transactions. Many of these topics are also historically relevant to the long and often inclement history of Mexican-U.S. relations. These include the law of war, peace and neutrality, self-determination, territory, recognition, and diplomatic and consular privileges and immunities. Regrettably, the allotment of time and space for the subject of public international law in the Joint Venture Program does not allow discourse on …
Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
St. Mary's Law Journal
In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
St. Mary's Law Journal
The 1992 presidential candidacy of Jerry Brown, who called for campaign contribution limits, has reignited the issue of campaign finance reform. Indeed, the United States Supreme Court has recognized the importance of campaign finance reform as a judicial issue. The importance of this issue is marked by the Court’s continued willingness to address the regulation of campaign finance since the 1976 landmark case of Buckley v. Valeo. The case of Austin v. Michigan Chamber of Commerce emphasized the somewhat confused nature of the Supreme Court’s campaign finance reform decisions. The Supreme Court and state legislatures will likely continue to address …
Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson
Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson
St. Mary's Law Journal
Texas has an opportunity to improve a necessary tool of family law by recognizing and advancing wrongful adoption. There is an underlying lack of recognition for the interests of adoptive parents in adoption law. Those who choose to adopt necessarily rely on the information provided by an adoption agency in making their decision. As such, adoptive parents are particularly vulnerable to misrepresentation about the pertinent history of the adoptee. Recent cases in other states demonstrate the progression of wrongful adoption as a tort, yet many inadequacies remain. The necessary progression of wrongful adoption calls for the imposition of a duty …
A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.
A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.
Articles
Professor Rodgers examines the reasons for the American obsession with trivia. While unable to determine the cause of the obsession, he does provide some insight on the usefulness and need for the information in the study of environmental law.
Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, Margaret Bowman, David Hunter
Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, Margaret Bowman, David Hunter
Michigan Journal of International Law
This article surveys the environmental law reforms taking place throughout the region and some of the important issues surrounding these reforms. Two caveats to this approach should be highlighted at the outset. First, information from the region is still somewhat incomplete. Precise translations of laws, in particular, are not always available. This article can provide only a general guide to legislative and regulatory trends in the region and should not form the basis for specific action or decisions. Second, every country in the region is different, with its own complexities. Despite our failure to resist the temptation to generalize about …
"Environmentally Friendly" Product Advertising: Its Future Requires A New Regulatory Authority, Thomas C. Downs
"Environmentally Friendly" Product Advertising: Its Future Requires A New Regulatory Authority, Thomas C. Downs
American University Law Review
No abstract provided.
Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee
Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee
University of Richmond Law Review
This article addresses significant developments in Virginia law pertaining to air quality, water quality and solid and hazardous waste which have occurred between the publication of the 1990 survey and May 1, 1992.
Environmental Crimes: The Boom In "Busting" Corporations And Their Responsible Officers, Larry Howell
Environmental Crimes: The Boom In "Busting" Corporations And Their Responsible Officers, Larry Howell
Faculty Law Review Articles
After detailing the recent increase in environmental prosecutions, this article discusses the criminal provisions of the major federal environmental acts and discusses recent legislative efforts to strengthen those provisions even further. Those efforts include the addition of "knowing endangerment" violations, the adoption of sentencing guidelines for environmental crimes and corporate offenders, the passage of the Criminal Fine Improvements Act and the Pollution Prosecution Act, and the, as yet, unsuccessful attempts to pass the Environmental Crimes Act. Finally, this article examines the recent trend that the regulated community finds the most troubling: prosecutors' largely successful efforts to extend the "responsible corporate …