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Full-Text Articles in Law

Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater Oct 2011

Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater

Zygmunt J.B. Plater

Legal history is usually written from one of two time perspectives: as a narrative of events and changing conditions over a span of years or as an extended exploration of one fertile moment in time. In examining the intriguing entity known as the Tennessee Valley Authority (TVA), this article draws upon that chronological history to some extent. To a greater extent, however, it focuses upon revealing moments in the last six years of the long-running battles over completion of the TVA’s Tellico dam, which finally flooded the last remaining stretch of the Little Tennessee River Valley in the spring of …


The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse Apr 2011

The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

The Earth has entered the anthropocene era; the era in which human activities have begun to have a significant global impact of the Earth’s climate and ecosystems. Covering more than 60% of the Earth’s surface, the oceans comprise a complex, dynamic and vast component of the Earth’s ecological system, second in size only to the global atmosphere. The oceans are a major provider of ecosystem services, food, mineral and other resources, and a major medium for global transportation and communication. Nevertheless, while once thought inexhaustible, unlimited and capable of supporting any human activity or use, it is now clear that …


Proximate Cause In Maritime Insurance, Angelo Giampietro Avv. Mar 2011

Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.

Angelo Giampietro Avv.

The proximate cause in marine insurance is the “dominant cause” of the loss. It was decided per Bingham L J in T M Noten BV v Harding that the dominant cause of the loss is to be determined by “applying the common sense of a business or seafaring man.” In determining the proximate cause of the loss, The Court recognized that it had to find the cause that was proximate in efficiency, and to do so they had to apply the test of the sentence expressed by Bingham LJ. Nevertheless, at the light of the recent decision of the Supreme …


Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse Dec 2010

Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse

Rosemary Rayfuse

This book is a companion to the seventh edition of the internationally acclaimed Harris’ Cases and Materials on International Law. Offering carefully selected materials and expert commentary, An Australian Companion to Harris’ Cases Materials on International Law is designed to provide readers with a comprehensive treatment of International law from an Australian perspective. Updated to reflect recent developments in the law, the second edition significantly expands on the coverage of the first edition and includes two additional, entirely new, chapters: International Criminal Law and International Environmental Law. The content and scope of this companion make it an ideal text for …


Teaching And Learning The Law Of Boats, Robert Anderson Dec 2010

Teaching And Learning The Law Of Boats, Robert Anderson

Robert Anderson IV

I have taught admiralty and maritime law exactly twice. That experience hardly makes me an expert in training future proctors. What that experience does give me, however, is the perspective that comes from having recently confronted the challenges of learning the field myself. And that perspective has led me to teach the admiralty survey course differently from how I teach any of my other classes and differently from how i perceive other admiralty classes that are taught by more experienced teachers. In this essay, I hope to explain how and why I teach admiralty differently, with the hope of offering …


International Law And Disappearing States: Maritime Zones And The Criteria For Statehood, Rosemary Rayfuse Dec 2010

International Law And Disappearing States: Maritime Zones And The Criteria For Statehood, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.