Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Coastal zone management; takings doctrine; United States Supreme Court; legislation; Nollan v. California; Lucas v. South Carolina; land-use management; Beachfront Management Act (1)
- Persian Gulf War; ecosystem management; environmental protection; oil spills; ecoterrorism; legislation (1)
- United States Coast Guard; towing vessel safety; marine casualties; National Transportation Safety Board; legislation (1)
- United States; anchorage; mooring of ships; law and legislation; Hawaii (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Towing Vessel Safety: Analysis Of Congressional And Coast Guard Investigative Response To Operator Involvement In Casualties Where A Presumption Of Negligence Exist, Paul J. Cormier
Theses and Major Papers
Legislation proposed by members of the 103rd Congress to address towing vessel safety resulted from three focusing events. The proposed legislation was not passed. There is a continuing need to address the human element in marine casualties. Prevention through enforcement is a viable solution to some human causal factors. Numerous personnel investigations which should have been initiated following towing vessel groundings during 1992 and 1993, were not pursued; despite a presumption of negligence that exists in grounding cases. Due to the presumption, all groundings, and particularly those attributed to human factors during a casualty investigation provide sufficient reason to initiate …
The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase
The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase
Theses and Major Papers
There is an increasingly powerful and vocal group coalescing in society today, sometimes described as anti-environmentalists or Property Firsters, who feel that the government has exceeded its authority in interfering with individual rights for the purpose of protecting natural resources. Regardless of any personal convictions regarding this often emotionally-charged issue, people involved in coastal management and planning should be aware of the changes in legal doctrines which have come about as a result of "property first" challenges to regulatory or zoning statutes. These challenges have been pursued successfully in the courts by characterizing state and local land use ordinances as …
The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure
The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure
Theses and Major Papers
During the 1991 Persian Gulf War, the retreating Iraqis caused the deliberate discharge of six million barrels of oil into the shallow waters of the Persian Gulf. The immediate impact on the ecosystem was dramatic, and, because of the intense media coverage of the conflict, highly visible to the American public. The spill popularized the term 'ecoterrorism' and raised serious questions about the applicability of international law to the situation. There are numerous conventions that seek to establish standards of due diligence for the prevention of accidental pollution and to impose civil liability on those who damage the environment, but …
State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis
State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis
Theses and Major Papers
In recent times, there has been a proliferation of laws enacted by individual states and townships which restrict the ability of mariners to anchor within navigable waters of the United States. These laws have been enacted in many of the coastal states, but are most prevalent in California, Florida and Hawaii. Uncertainty as to whether anchoring is an act of navigation, thereby being a constitutional right, has resulted in confusion among boaters, legal authorities and policy makers. In an attempt to clarify the uncertainty surrounding this issue, a lawsuit challenging the constitutionality of anchoring laws within the State of Hawaii …