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Denis Binder

1996

Articles 1 - 7 of 7

Full-Text Articles in Law

Confronting The Nimby Phenomenon, Denis Binder Sep 1996

Confronting The Nimby Phenomenon, Denis Binder

Denis Binder

No abstract provided.

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Lust And The Supreme Court: Or Why You Cannot Rcra A Cercla, Denis Binder May 1996

Lust And The Supreme Court: Or Why You Cannot Rcra A Cercla, Denis Binder

Denis Binder

No abstract provided.

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Essays On Federal Tort Liability, Nuisance, Rico And Tennessee V. Garner, Denis Binder Dec 1995

Essays On Federal Tort Liability, Nuisance, Rico And Tennessee V. Garner, Denis Binder

Denis Binder

No abstract provided.

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Cleaning Up Hazardous Waste: Can A Private Landowner Recover The Costs Of Cleaning Up Leaking Underground Storage Tanks Under Federal Environmental Protection Law?, Denis Binder Dec 1995

Cleaning Up Hazardous Waste: Can A Private Landowner Recover The Costs Of Cleaning Up Leaking Underground Storage Tanks Under Federal Environmental Protection Law?, Denis Binder

Denis Binder

No abstract provided.

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Essays On "Federal Tort Liability," "Nuisance," And "Tennessee V. Garner" For The Ready Reference: American Justice, Denis Binder Dec 1995

Essays On "Federal Tort Liability," "Nuisance," And "Tennessee V. Garner" For The Ready Reference: American Justice, Denis Binder

Denis Binder

No abstract provided.

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Essay On "Rico" For The Ready Reference: American Justice, Denis Binder Dec 1995

Essay On "Rico" For The Ready Reference: American Justice, Denis Binder

Denis Binder

No abstract provided.

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Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder Dec 1995

Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder

Denis Binder

Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …

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