Law Commons^™

Military Contractors Who Comply With Elements Of Government Contractor Defense Are Immune From Products Liability Suits Stemming From Design Defects., Matthew J. Sullivan

St. Mary's Law Journal

In Boyle v. United Technologies Corp., the United States Supreme Court held military contractors who comply with the elements of the government contractor defense are immune from products liability suits stemming from design defects. Lower courts consider the government contractor defense to be a combination of two separate defenses. The first is the well-settled contract specification defense which eliminates liability for contractors who properly follow client supplied specifications. The second defense is the doctrine of shared sovereign immunity shielding the contractor from liability based on public policy concerns.

In Boyle, the Court held defective design of military equipment will not …

Solid Waste And Recycled Materials Under Rcra: Separating Chaff From Wheat, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

Gwaltney Is Full Of Baloney: Protection From Citizen Suits For Past Npdes Violations May Not Be Much Protection At All, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

Environmental Liens And Title Insurance, Robert S. Bozarth

University of Richmond Law Review

Increased concern for the environment and environmental protection laws have affected title insurance. To understand this effect, it is necessary to examine our environmental problems, the environmental laws and the nature of title insurance. This article also looks at the title insurance industry's reaction to these environmental risks as compared to the reaction of the property/casualty insurance industry.

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches

Publications

No abstract provided.

The Lesson Of The Red Squirrel: Consensus And Betrayal In The Environmental Statutes, William H. Rodgers, Jr.

Articles

The subjects of legislation and legislative change are undergoing a revival of sorts in United States' law schools. The academic community has offered a variety of theoretical visions on the nature of legislation—purposive and rational, irrational and political, the accidental outcome of competing interests, the imperfect product of high philosophy; the legislative process—formal and ritualistic, markets and auctions, plots and cabals, or publicregarding negotiations; and the individual legislators themselves—ritual players, auctioneers, maximizers of political gain, profiteers, and philosopher kings in shiny suits.

This author's personal approach to legal affairs of this sort is to draw on the laws of biology …

The Pearl In The Oyster: The Public Trust Doctrine In North Carolina, Valerie B. Spalding

Campbell Law Review

The first part of this article will trace the history of the public trust doctrine from Roman times, through its application in England, and thence to its development in the United States to the present. The more important issues associated with the doctrine, such as the constitutional "takings clause" argument, will be discussed. The second part of the article will trace the public trust doctrine in North Carolina and explore the underpinnings and rationale of the State v. Credle decision. It will also discuss the issues raised in part one with regard to their application in North Carolina. Finally, the …

Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt

Vanderbilt Journal of Transnational Law

This Essay discusses the merits of the dispute settlement provisions found in the 1982 United Nations Convention on the Law of the Sea, and calls for recognition and utilization of the provisions in all manner of disputes arising within the international legal community. Professor Kindt notes that despite the fact that the Convention's dispute settlement provisions represent the first time all major interest blocs of states have agreed upon a standard set of provisions for dispute settlement, the provisions have not received the attention they deserve. After analyzing the reasons for this lack of consideration, he urges that the dispute …

The Marine Mammal Protection Act And International Protection Of Cetaceans: A Unilateral Attempt To Effectuate Transnational Conservation, Laura L. Lones

Vanderbilt Journal of Transnational Law

This Note examines how the United States has used the Marine Mammal Protection Act to further international protection of cetaceans--dolphins, porpoises, and whales. The author first reviews the manifold reasons for protecting cetaceans. The author next describes the international operation of the Act as amended in 1984 by surveying those sections that have an impact on United States relations with other states and the regulations and cases that implement those sections. The author concludes that these restrictions have produced a decline in porpoise mortality, although more can be done. The author next describes the successes of the Act's treaty program. …

Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Corporatisation: Implementing Forest Management Reform In New Zealand, Robert L. Fischman, Richard L. Nagle

Articles by Maurer Faculty

No abstract provided.

A Prolegomenon To Understanding The Developer’S True Statutory Responsibilities Under Seqra, Donald S. Snider, Gerald M. Levine

Touro Law Review

No abstract provided.

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and pesticide regulation which have occurred between the publication of last year's survey and August 1, 1989. Not considered herein are the Chesapeake Bay Preservation Area Designation and Management Regulations promulgated by the Chesapeake Bay Local Assistance Board.

No Film At 11: The Inadequacy Of Legal Protection And Relief For Sexually Harassed Broadcast Journalism, Anne P. Pomerantz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Obituary For William Robert Derrick Sewell 1931-1987, Harold D. Foster

Natural Resources Journal

No abstract provided.

Wilderness In Canada: Past, Present, Future, J. Gordon Nelson

Natural Resources Journal

No abstract provided.

Joint Resolution S.J. Res. 67, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Revenue Ruling 87-124: Treasury's Flawed Interpretation Of Debt-For-Nature Swaps, Ronny Jay Halperin

University of Miami Law Review

No abstract provided.

Foreword, Focus: Clean Water Act’S Section 404, David H. Getches

Publications

No abstract provided.

Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

Publications

No abstract provided.

Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy

Publications

The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s. …

The Toxic Time Bomb: Municipal Liability For The Cleanup Of Hazardous Waste, Steven Ferrey

Suffolk University Law School Faculty Works

This article analyzes how the United States Environmental Protection Agency may be mis-allocating the monumental clean-up burden under the Superfund statute and thereby increasing the burden on other potentially liable parties. At issue is municipal and regional governmental liability for the handling and disposal of municipal solid waste. This article analyzes a widespread EPA non-prosecution practice and argues that under the current statute it violates federal hazardous substances laws.

This article dissects the municipal waste stream, assessing the volume, toxicological, and hazardous constituents of those substances America discards as waste. On a per capita basis, each American is responsible for …

Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson

Faculty Scholarship

The Supreme Court recently held that a citizen plaintiff must make a good-faith allegation of an ongoing violation in order to bring an enforcement action under the Clean Water Act. The decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., will prevent citizens from bringing suit for the assessment of civil penalties solely for past violations of the Clean Water Act.

An Eddy In The Colorado River Litigation, Robert H. Abrams

Journal Publications

No abstract provided.

South Carolina Environmental Reporter, Volume Ii, Number 3 (November 1988), University Of South Carolina School Of Law Environmental Law Society

Environmental Law Society Newsletter

Presidential candidates provide their views on environmental issues

November Speakers survey coastal issues

Envirolaw gets new name, new focus

Wetlands pro bono

Problems in coastal development discussed at October meeting, by Ken Mittledorf

ELS assists Sea Grant aquaculture legislation, by Gwen Geidel

Wetlands pro bono

ABA writing competition

Elections '88 Forum: Environmental Platform of Vice President George Bush

Elections '88 Forum: Environmental Platform of Governor Michael Dukakis

Guest Columnist: Environmental law, past and present, by Dean John E. Montgomery

Federal And State Environmental Law: A Trap For The Unwary Lender, Susan C. Gleser

BYU Law Review

No abstract provided.

Resource Law Notes Newsletter, No. 15, Oct. 1988, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Envirolaw, Volume Ii, Number 2 (October 1988), University Of South Carolina School Of Law Environmental Law Society

Environmental Law Society Newsletter

USC to sponsor environmental law moot court competition

President's Award goes to Joe McLean

October meeting focuses on coastal development;

Concerns in real estate transactions discussed at September meeting

Third Circuit rules caveat emptor defense does not bar liability under CERCLA

T-shirt sales help ELS

USC delegation to attend national meeting of environmental law societies in Colorado

ELS sponsors pro bono program

Inside the pro bono program, by John Abdalla

Help Wanted

Environmental Law—Conservation—New Jersey Mandatory Statewide Source Separation And Recycling Of Solid Waste Act. N.J. Stat. Ann. §§ 13:1e-99.11 To -99.32 (West Supp. 1988)., Sherry C. Furr

University of Arkansas at Little Rock Law Review

No abstract provided.

Reregulation, The Global Environment, And Ignorance Equals Pessimism: A Tory Perspective, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.