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Articles 17371 - 17400 of 18462
Full-Text Articles in Law
Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat
Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat
St. Mary's Law Journal
Abstract Forthcoming.
The Hammer Clause Of The Reclamation Reform Act Of 1982, Ray G. Huffaker, B. Delworth Gardner
The Hammer Clause Of The Reclamation Reform Act Of 1982, Ray G. Huffaker, B. Delworth Gardner
Natural Resources Journal
No abstract provided.
Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister
Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister
St. Mary's Law Journal
Abstract Forthcoming.
Introduction., Larry Soward
Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen
Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen
St. Mary's Law Journal
Abstract Forthcoming.
Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield
St. Mary's Law Journal
Abstract Forthcoming.
The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt
The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt
Faculty Scholarship
When people hold religious views that have implications for moral choices and for the desirable uses of law, may they properly rely on those religious views in our liberal democracy? The commonly expressed ideas that church and state are separate and that no group should impose its religious views on others may seem to suggest that political dialogue and bases for political decisions should be wholly nonreligious. This position, which is the main target of this Article, receives articulate defense among prominent social philosophers. This Article urges a different position: that no commonly shared ground of decision is available for …
Citizen Litigation Under The Clean Water Act: The Second Circuit Renews Its Leadership Role In Environmental Law, William S. Jordan Iii
Citizen Litigation Under The Clean Water Act: The Second Circuit Renews Its Leadership Role In Environmental Law, William S. Jordan Iii
Akron Law Faculty Publications
In this article, William S. Jordan III examines the revitalized role of the U.S. Court of Appeals for the Second Circuit in shaping environmental jurisprudence through its interpretation of citizen suit provisions under the Clean Water Act (CWA). Jordan highlights recent decisions in which the Second Circuit expanded access to courts for private citizens seeking to enforce environmental standards, reinforcing the statutory goals of pollution prevention and regulatory accountability. He analyzes how the court addressed key procedural and substantive issues—such as standing, notice requirements, and ongoing violations—in a manner that empowered citizen enforcement while maintaining fidelity to statutory text. The …
With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski
With Liberty And Justice For All: An Essay On Agent Orange And Choice Of Law, Aaron Twerski
Faculty Scholarship
No abstract provided.
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid
St. Mary's Law Journal
Abstract Forthcoming.
Toxic Tort Remedies: The Case Against The "Superduper Fund" And Other Reform Prososals, J.B. Ruhl
Toxic Tort Remedies: The Case Against The "Superduper Fund" And Other Reform Prososals, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This Article joins the enormous and growing body of literature examining the need for reform of toxic tort remedies for cases of exposure to hazardous substances released into the environment. It is different from most other treatments of the issue in one important respect--it does not advocate reform of the present tort law system in any fundamental way. Indeed, it is argued that the central feature of the present system--the requirement that the plaintiff alleging injury resulting from defendant's release of hazardous substances establish proof of causation by a preponderance of the evidence--is essential for maintaining a rational public policy …
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
Faculty Scholarship
In courtroom drama, the spotlight rarely falls on an empty chair. That may change, due to a new Colorado statute allowing factfinders to consider the negligence or fault of nonparties in tort actions. The new statute may not give nonparties starring roles in every trial, but it will certainly thicken the plot.
Planning Under The National Environmental Policy Act: The Use Of Environmental Impact Statements In Agency Decisionmaking, Ralf Marxen
LLM Theses and Essays
This article focuses on Environmental Impact Statements (EIS) as part of the Federal National Environmental Policy Act and will therefore not deal with the different State Environmental Policy Acts (SEPA) or their relation to and interaction with Federal legislation. Furthermore, this article will focus upon those issues that are of special relevancy to the possible adoption of EISs into the German legal system. The article will also address cost-benefit issues related to the EIS process. Part VIII (judicial review) will only concentrate on the judicial review of administrative action concerning environmental planning through EISs.
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
Northwestern Journal of International Law & Business
The harnessing of nuclear power is the technological advance which best represents the ability of the human race to transform the environment for both good and bad. Nuclear power can be used either to destroy the earth or to improve greatly the quality of life for all persons. Attendant with this power is the problem of what to do with radioactive wastes left behind by the private and public uses of a technology not yet fifty years old. As wastes from nuclear power plants, government projects, and various fields of science continue to amass, attention is being focused increasingly on …
Federal And State Remedies To Clean Up Hazardous Waste Sites, Janis L. Kirkland, James A. Thornhill
Federal And State Remedies To Clean Up Hazardous Waste Sites, Janis L. Kirkland, James A. Thornhill
University of Richmond Law Review
Over fifty-seven million metric tons of hazardous waste are produced as a by-product of manufacturing in the United States each year. Only ten percent of this waste is disposed of in an environmentally sound manner. The improper disposal of hazardous waste has given rise to crisis areas of national notoriety such as "Love Canal" and "Valley of the Drums." Although the danger to public health and the environment cannot be precisely calculated, the disposal of hazardous waste presents a problem that can no longer be ignored. Virginia's own experience with kepone contamination in the James River exemplifies the dangers and …
Understanding The Plaintiff's Attorney: The Implications Of Economic Theory For Private Enforcement Of Law Through Class And Derivative Actions, John C. Coffee Jr.
Understanding The Plaintiff's Attorney: The Implications Of Economic Theory For Private Enforcement Of Law Through Class And Derivative Actions, John C. Coffee Jr.
Faculty Scholarship
Probably to a unique degree, American law relies upon private litigants to enforce substantive provisions of law that in other legal systems are left largely to the discretion of public enforcement agencies. This system of enforcement through "private attorneys general" is most closely associated with the federal antitrust and securities laws and the common law's derivative action, but similar institutional arrangements have developed recently in the environmental, "mass tort," and employment discrimination fields. The key legal rules that make the private attorney general a reality in American law today, however, are not substantive but procedural – namely, those rules that …
A Brief Introduction To Environmental Law In China, Cheng Zheng-Kang, University Of Colorado Boulder. Natural Resources Law Center
A Brief Introduction To Environmental Law In China, Cheng Zheng-Kang, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
36 p. ; 28 cm
Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus
Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus
Articles by Maurer Faculty
No abstract provided.
United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole
United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole
Articles by Maurer Faculty
A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in Montana v. United States, without proving conveyance by the federal government. Most importantly the Pend Oreille summary judgment decision illustrates the substantial flaws of the Montana rule.
Recovering Hazardous Waste Cleanup Costs: The Private Cause Of Action Under Cercla, Jeffrey M. Gaba
Recovering Hazardous Waste Cleanup Costs: The Private Cause Of Action Under Cercla, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a broadly defined group of landowners, transporters, and generators of hazardous waste are liable for the costs of cleaning up hazardous waste sites. CERCLA provides the government with powerful tools to impose this liability. The United States Environmental Protection Agency (EPA) has the authority both to compel responsible parties to clean up the site or to clean up the site itself and recover its expenses from these parties.
The government is not the only party, however, that can impose liability for hazardous waste cleanup costs. Section 107(a)(4)(B) of CERCLA provides …
The Sound Of Litigation: Who Owns Nantucket Waterbeds?, Robert H. Abrams
The Sound Of Litigation: Who Owns Nantucket Waterbeds?, Robert H. Abrams
Journal Publications
No abstract provided.
Can A Federal Court Review A State Court's Review Of A Federal Court?, Robert H. Abrams
Can A Federal Court Review A State Court's Review Of A Federal Court?, Robert H. Abrams
Journal Publications
No abstract provided.
Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth
Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth
St. Mary's Law Journal
Abstract Forthcoming.
Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll
St. Mary's Law Journal
Abstract Forthcoming.
Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell
St. Mary's Law Journal
Abstract Forthcoming.
Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner
Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner
St. Mary's Law Journal
Abstract Forthcoming.
Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor
Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor
St. Mary's Law Journal
Abstract Forthcoming.
Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade
Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade
St. Mary's Law Journal
Abstract Forthcoming.
Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof
Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof
St. Mary's Law Journal
Abstract Forthcoming.
Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan
Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan
St. Mary's Law Journal
Abstract Forthcoming.