Law Commons^™

Only "Innocent" Parties Need Apply: The Death Of Private Party Cost Recovery Actions Under Superfund?, Mark A. Stach

William & Mary Environmental Law and Policy Review

No abstract provided.

Criminal Procedure, Courts Crime Victims' Bill Of Rights: Provide For Crime Victims' Rights; Increase Maximum Amount Of Compensation Payable To Victims Of Crimes; District Attorneys: Provide For Additional Duties Of District Attorneys With Respect To Crime Victims' Rights, Rebecca Guinn

Georgia State University Law Review

Act 289, originating as HB 170, provides for a victims’ “Bill of Rights.” Crime victims must be notified of specific events in the judicial process, including the capture, charging, or conviction of a suspect or when a convict is under parole consideration. Act 289 also increases the compensation available to crime victims to a maximum aggregate amount of $10,000. Act 290, originating as HB 178, authorizes the appointment of additional assistant district attorneys and expands their duties. Under Act 290, district attorneys and assistant district attorneys will be responsible for assisting crime victims through the criminal justice process.

Eminent Domain Exercise Of Power Of Eminent Domain For Special Purposes: Provide Restrictions On Use Of Eminent Domain Power By Petroleum Pipeline Companies, Julie A. Beberman

Georgia State University Law Review

The Act requires petroleum pipeline companies to notify property owners of their rights before initiating eminent domain proceedings. The petroleum pipeline companies also must comply with a two-step application and review process. The Act contains provisions for public notices and hearings. Landowners must be compensated by the petroleum pipeline companies for any damages caused by surveying activities, property taken through the eminent domain proceeding, and unreasonable impacts of the property of the landowner that is not acquired by eminent domain.

Too Much Waste: A Proposal For Change In The Government's Effort To Clean Up The Nation, Ian G. John

Indiana Law Journal

No abstract provided.

Unjust Compensation: The Continuing Need For Reform, Michael Debow

South Carolina Law Review

No abstract provided.

The Information Highway Must Pay Its Way Through Cities: A Discussion Of The Authority Of State And Local Governments To Be Compensated For The Use Of Public Rights-Of-Way, Clarence A. West

Michigan Telecommunications & Technology Law Review

In the ever-changing telecommunications industry there appears to be an enormous amount of confusion not only as to the appropriate amount of compensation chargeable to the users of public rights-of-way, but also as to the very authority of state and local governments to require compensation. This was not always the case. It has long been a well-settled legal principle that local governments may receive reasonable "rental" compensation from private commercial entities for their use of local public property for private economic gain, even where federal statutory law restricts local governments from denying access to rights-of-way for telecommunications services. For example, …

Settlement Of Mass Tort Class Actions: Order Out Of Chaos, William W. Schwarzer

Cornell Law Review

No abstract provided.

Aggregation Settlement And Dismay , Judith Resnik

Cornell Law Review

No abstract provided.

Headshrinkers Manmunchers Moneygrubbers Nuts & Sluts: Reexamining Compelled Mental Examinations In Sexual Harassment Actions Under The Civil Rights Act Of 1991, Kent D. Streseman

Cornell Law Review

No abstract provided.

Lost Moorings: Offshore Fishing Families Coping With The Fisheries Crisis, Marian Binkley

Dalhousie Law Journal

The fisheries crisis has severely affected the families of offshore fishermen. In Nova Scotia, offshore fishermen normally spent ten to fourteen days continuously at sea and as little as forty-eight hours on shore between voyages. The fishermen and their families adopted strategies to cope with that work schedule. This paper focuses on how these previously beneficial adaptations conflict with the new situation these families now face when many men have been laid off or had their work reduced.

The Anticipatory Nuisance Doctrine: One Common Law Theory For Use In Environmental Justice Cases, Serena M. Williams

William & Mary Environmental Law and Policy Review

No abstract provided.

Defining “Property” In The Just Compensation Clause, Benjamin Barros

Benjamin Barros

No abstract provided.

Takings Clause

Touro Law Review

No abstract provided.

Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness

Law Faculty Scholarly Articles

In June 1992, the United States Supreme Court decided Lucas v. South Carolina Coastal Council. The case involved a claim for compensation against the State of South Carolina by a landowner who was prohibited from placing structures on two of his beachfront lots. The Court declared that the landowners must be compensated when government regulations deprive them of all economically beneficial or productive uses of their property unless the proscribed uses were not permitted as part of their original titles.

Although some legal commentators have praised the Lucas decision, others have strongly condemned it. A common criticism of Lucas …

Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy

St. Mary's Law Journal

After several decades of environmental legislation, the regulated community faces an extremely complex and costly matrix of obligations and responsibilities. For industry in general, the most expensive environmental statute enacted has been the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA created the Hazardous Substances Superfund (Superfund) and established retroactive liability for remediation of hazardous substance contamination. President Clinton admitted CERCLA does not work and even labelled the Superfund a “disaster.” Even though public and private entities have already spent twenty billion dollars on the CERCLA program since its inception, only around ten or twenty percent of …

Taxation Of Damages After Schleier - Where Are We And Where Do We Go From Here?, Douglas A. Kahn

Articles

This article will examine the reasoning of the Schleier decision and speculate as to how taxation of pre-1996 damages will likely apply in light of Schleier. First, the article will set forth a very brief history of the judicial and administrative constructions of the statutory exclusion, and explore tax policy justifications for providing an exclusion from gross income for certain damages. These latter two items (set forth in Parts II and III of this article) are areas that have been extensively addressed previously by several commentators, including the author of this article.' The reason for exploring tax policy issues is …