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Articles 16531 - 16560 of 18477

Full-Text Articles in Law

Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne Jan 1991

Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne

St. Mary's Law Journal

Abstract Forthcoming.


Environmental Law: Cercla Liability Of Corporate Parents For Their Dissolved Or Undercapitalized Subsidiaries, Mark R. Mcphail Jan 1991

Environmental Law: Cercla Liability Of Corporate Parents For Their Dissolved Or Undercapitalized Subsidiaries, Mark R. Mcphail

Oklahoma Law Review

No abstract provided.


Environmental Regulation Of Coal Mining, Smcra's Second Decade, Carl E. Zipper, Richard Roth Jan 1991

Environmental Regulation Of Coal Mining, Smcra's Second Decade, Carl E. Zipper, Richard Roth

Natural Resources Journal

No abstract provided.


To The Recipients Of The First Issue Of The Dickinson School Of Law Journal Of Environmental Law And Policy Jan 1991

To The Recipients Of The First Issue Of The Dickinson School Of Law Journal Of Environmental Law And Policy

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.


Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson Jan 1991

Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson

UIC Law Review

No abstract provided.


United States V. Fleet Fatctors Corp.: Expanding The Scope Of Lender Liability, Becky A. Margolin Jan 1991

United States V. Fleet Fatctors Corp.: Expanding The Scope Of Lender Liability, Becky A. Margolin

Loyola University Chicago Law Journal

No abstract provided.


Superfund Liability Alternatives For The Innocent Purchaser, David W. Marczely Jan 1991

Superfund Liability Alternatives For The Innocent Purchaser, David W. Marczely

Cleveland State Law Review

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) imposes liability for cleanup costs where there has been a release to the environment of a hazardous substance. Liability has been construed by the courts as strict, even though Congress rejected an explicit provision of strict liability. Moreover, CERCLA liability permits no defenses except those found in the Act. CERCLA provides an affirmative defense to liability actions where a third party has solely caused the release of the hazardous substance. Congress attempted to clarify the land contract issue as part of the Superfund Amendments and Reauthorization Act of 1986 …


Limited Liability In Environmental Law, George W. Dent Jan 1991

Limited Liability In Environmental Law, George W. Dent

Faculty Publications

The social importance and immense costs of pollution make environmental law an ideal arena for reconsidering theories of limited liability for tort. This article examines the question in the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA).1 Part I reviews the text and legislative history of the Act. Part II analyzes the CERCLA case law on the liability of controlling persons, especially those involving parent corporations. Part III discusses the general theory of limited liability and its exceptions. Part IV applies this general theory to CERCLA and finds that its special features call for distinctive approaches. Part …


The Greening Of Environmental Law, D. Paul Emond Jan 1991

The Greening Of Environmental Law, D. Paul Emond

Articles & Book Chapters

Environmental law in Canada has moved through three distinct stages. The first, beginning with the passage of the early environmental protection statutes, is described as symbolic regulation. "Regulation," because these laws did purport to regulate activities that had deleterious effects on the natural environment, and "symbolic" because the level and degree of regulation was largely symbolic. By the mid '70s and early '80s these laws had given way to two complementary developments. The first involved the introduction of environmental assessment (or audit) statutes and procedures; the second involved a strengthening and expanding of the traditional regulatory tools. The clear thrust …


An Economic Justification For Corporate Reorganizations, Charles Adams Jan 1991

An Economic Justification For Corporate Reorganizations, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop Jan 1991

Social Infrastructure Needs Of The Maquiladora Industry: A Proposal For United States Corporate Contributions., Rodolfo Villalobos, Bruce B. Barshop

St. Mary's Law Journal

Abstract Forthcoming.


Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel Jan 1991

Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel

St. Mary's Law Journal

Abstract Forthcoming.


Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night Jan 1991

Alamo Lumber And Texas Usury Law: Playing With Fire In The Usury Forest., Terry W. Wright, W. Alan Wright, Scott G. Night

St. Mary's Law Journal

The effect of Alamo Lumber Co. v. Gold, and later cases interpreting third party assumption of debt as interest can be perilous to lenders. Lenders are in the business of offering loans to make money. Lenders achieve profit maximization by charging as much interest as possible in the market. Although economic and market factors are always considerations in a lender’s business, in Texas, lenders must also consider harsh usury laws that restrain the maximum amount of chargeable loan interest. Texas defines interest broadly. Statutes define interest as the receipt of compensation for the detention, forbearance or use of money. The …


Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens Jan 1991

Review Of Honorable Justice: The Life Of Oliver Wendell Holmes By Sheldon Novick., Michael S. Ariens

St. Mary's Law Journal

Abstract Forthcoming.


The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen Jan 1991

The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

In this paper I explore this most recent development in regulatory policy and, in particular, the role government plays when it chooses to use private markets (consumer, institutional and corporate) as regulatory instruments to produce and allocate environmental benefits. The privatization of environmental regulation by employing markets to deliver environmental benefits does not involve the implementation of public policy through executive or legislative action. Rather, it is achieved through a public choice to privatize the delivery of environmental regulation by permitting or encouraging decentralized economic power to respond to consumer demands for environmental quality.


Evaluation Of Recycling Legislation Pending Before The 119th Session Of The Ohio General Assembly, Christopher D. Knopf Jan 1991

Evaluation Of Recycling Legislation Pending Before The 119th Session Of The Ohio General Assembly, Christopher D. Knopf

Cleveland State Law Review

This Article summarizes and analyzes the recycling bills before the 119th Session of the Ohio General Assembly. Part I of this Article reviews the requirements and recommendations of H.B. 592 and the State Plan. Part II provides an overview of the recycling bills and identifies the three basic approaches to recycling represented by these bills. Parts III, IV, V, and VI summarize and evaluate the recycling bills. This Article uses three criteria to evaluate the recycling bills: (1) consistency with H.B. 592 and the State Plan, (2) effectiveness in preventing the disposal of solid waste in landfills, and (3) efficiency …


Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley Jan 1991

Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley

Faculty Scholarship

This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.


Foreward: Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray Jan 1991

Foreward: Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray

Faculty Scholarship

No abstract provided.


Energy And Environmental Challenges For Developed And Developing Countries, Richard L. Ottinger Jan 1991

Energy And Environmental Challenges For Developed And Developing Countries, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Energy for development utilizing traditional supply investments, estimated to cost $1.4 - $4 trillion through 2010, will be unaffordable both for recipients and lenders. The capital required, even if obtainable, would squeeze out capital for all other development requirements and would pose unacceptable environmental and cleanup costs. Upgrading existing energy supply systems would cost a fraction of new supply. Energy efficiency and environmentally benign renewables can at least halve new supply capital requirements and avoid their environmental costs. Least cost planning by lenders and recipients, on the basis of total system life cycle costs, for both energy and non-energy related …


Trashing Developing Nations: The Global Hazardous Waste Trade, Jeffery D. Williams Jan 1991

Trashing Developing Nations: The Global Hazardous Waste Trade, Jeffery D. Williams

Buffalo Law Review

No abstract provided.


Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law Jan 1991

Testimony Of Ambassador Carla A. Hills, United States Trade Representative, Before The Subcommittee On Trade, Committee On Ways And Means, U.S. House Of Representatives, June 14, 1990., Editorial Board St. Mary's School Of Law

St. Mary's Law Journal

Abstract Forthcoming.


Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears Jan 1991

Ethics And Due Diligence: A Lawyer's Perspective On Doing Business With Mexico., Rona R. Mears

St. Mary's Law Journal

The focus of this study is to survey ethical issues faced by legal practitioners in providing legal counsel for international business transactions, with special attention to lawyers counseling clients who are doing business with Mexico. This paper is intended for lawyers who practice in the United States (U.S.), involved in counseling clients outside the U.S. The purpose of this study is to highlight only those issues that raise special difficulties for such a practitioner, and then to provide practical advice on how to avoid ethical problems in U.S.-Mexico transactions. The Model Rules of Professional Conduct (MPRC), the International Code of …


Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg Jan 1991

Salinastroika: Recent Developments In Technology Transfer Law In Mexico., Mark O'C. O'Brien, Carlos R.V. Muggenburg

St. Mary's Law Journal

Abstract Forthcoming.


Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr. Jan 1991

Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr.

St. Mary's Law Journal

Abstract Forthcoming.


The Empire Strikes Back., E. Joshua Rosenkranz Jan 1991

The Empire Strikes Back., E. Joshua Rosenkranz

St. Mary's Law Journal

Abstract Forthcoming.


Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton Jan 1991

Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton

St. Mary's Law Journal

Abstract Forthcoming.


In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit Jan 1991

In Sharp Contrast To The Past: The Demise Of The Per Se Rule Against Vertical Price Fixing., Christopher J. Pettit

St. Mary's Law Journal

Actions by the Department of Justice and the Supreme Court lessening vertical pricing protections under the Sherman Antitrust Act require Congressional intervention. By enacting the Sherman Antitrust Act, Congress intended agreements fixing vertical prices or having the ultimate effect of fixing vertical prices at any level be illegal per se. Vertical pricing agreements set, maintain, stabilize, raise, or depress prices of goods or services among the different levels of the product distribution chain. The Department of Justice (DOJ) has taken positive steps in limiting the per se rule of illegality by failing to pursue allegations of vertical price fixing and …


Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs Jan 1991

Erisa Preempts All Texas Causes Of Action That Relate To An Employee Benefit Plan Including The Insurance Code, The Deceptive Trade Practices Act And Common Law., Brent Biggs

St. Mary's Law Journal

Abstract Forthcoming.


Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy Jan 1991

Incurable, Reversible Error Occurs Whenever The Jury Feels Animus Toward Or Solidarity With Witnesses Or Litigants Because Of Ethnicity Or Race Due To An Attorney's Suggestions Made During Closing Argument, No Matter How Open Or Subtle And With Finesse Those Suggestions May Be., Glenn D. Levy

St. Mary's Law Journal

Abstract Forthcoming.


Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave Jan 1991

Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.