Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Mudville (6)
- Landmine Company (4)
- Law case (3)
- State Department of Environmental Quality (2)
- Business (1)
-
- Citizen (1)
- Clean Air Act (1)
- Clean Water Act (1)
- Community law (1)
- Comparative worth (1)
- Court (1)
- Department of Environmental Quality (1)
- Doctrine of Frustration (1)
- European Communities (1)
- International Law (1)
- International law (1)
- Landmine (1)
- Law (1)
- Lord Denning (1)
- MItsubishi (1)
- Monopoly (1)
- Non Conveniens (1)
- Ocean Tramp Tankers (1)
- Patent law (1)
- Patent protection (1)
- Responsibility (1)
- Safe Drinking Water Act (1)
- Soler Chrysler-Plymouth (1)
- System of government (1)
- Union Carbide (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Comparative Worth And Community Law: Commission Of The European Communities V. United Kingdom, Angela Evans
Comparative Worth And Community Law: Commission Of The European Communities V. United Kingdom, Angela Evans
Brigham Young University Prelaw Review
On March 23, 1982, Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland ( case number 61/81 ), came before the Court of Justice of the European Communities. This case dealt primarily with Article 119 of the treaty which formed the European Economic Community (EEC) and with the subsequent Council Directive 75/117 of the EEC which clarified and expanded the scope of Article 119. The major issue involved was that of equal pay for men and women in the labor forces of Member States to the European Economic Community, specifically, Article 119 of the treaty …
Patent Protection In The European Community, Carey Nuttall
Patent Protection In The European Community, Carey Nuttall
Brigham Young University Prelaw Review
When firms develop products, they desire to protect their investment and seek to prevent other firms from producing the same products. Patents are the most common form of protection sought by these firms. Once the patent has been obtained, they can exclusively control the production and distribution of the products, or they can license other businesses to perform these tasks. Patents give companies a monopoly on the product that is protected. Companies gain from these monopolies; so, naturally, they want to maintain as much control as possible over the production and distribution of their patented goods.
Mitsubishi Motors Corporation V. Soler Chrysler-Plymouth, Inc, Steve Spiegelhalter
Mitsubishi Motors Corporation V. Soler Chrysler-Plymouth, Inc, Steve Spiegelhalter
Brigham Young University Prelaw Review
Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth, Inc. (Mitsubishi v. Soler) represents a watershed in international jurisprudence. The decision of the justices which heard this case is the precedent cited in a number of subsequent cases. It has defined many parameters of the international trading system. Part of its prominence stems from the significant breadth of its scope. Mitsubishi v. Soler deals with issues of international arbitral agreements, antitrust on an international level, the validity of forum selection clauses, and the domestic enforcement of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In sum, these issues have greatly …
International Business Transactions, Sean F. Parmenter
International Business Transactions, Sean F. Parmenter
Brigham Young University Prelaw Review
In our system of government, the laws are made by the legislative power, enforced by the executive power, and interpreted by the judicial power. The judicial power is not oft influenced by politics, corporate pressures or the media. Their's is the basis of the Constitution and amendments. In the exercise of their power they take into consideration not only who is right, but what is right. The Federal Court of Appeal has been over-loaded with court cases. Common to the Court are appeals that have to do with international law. Cases about fabrics, computers, calculator, dolls, toys, and even doll …
Time-Honored Doctrine Of Forum Non Conveniens: In Re Union Carbide Corp. Gas Plant Disaster, Bryan Reeves
Time-Honored Doctrine Of Forum Non Conveniens: In Re Union Carbide Corp. Gas Plant Disaster, Bryan Reeves
Brigham Young University Prelaw Review
The American Journal of International Law states, "The Union Carbide case is a convincing example of the exercise of judicial restraint on the part of the U.S. courts in the application of the time-honored doctrine of forum non conveniens" (Union 81: 417). Forum non conveniens is defined as, "the discretionary power of the court to decline jurisdiction when convenience of parties and ends of justice would be better served if an action were brought and tried in another forum" (Black 665). It is the objective of this paper to examine the purpose of forum non conveniens, when it can be …
The Doctrine Of Frustration According To Denning, Jordan Freeman
The Doctrine Of Frustration According To Denning, Jordan Freeman
Brigham Young University Prelaw Review
The case of Ocean Tramp Tankers Corp. v. V/O Sovfracht addresses the doctrine of contract frustration. In his conclusions, Lord Denning rejected a long established aspect of contract frustration law and shed new light on how to view other aspects of the law. He reasoned out a solution to the challenge that has been left "to the lawyers to figure out."
Fictional Case Of Landmine Company And The Town Of Mudville
Fictional Case Of Landmine Company And The Town Of Mudville
Brigham Young University Prelaw Review
Landmine Company owns some land near a national forest amid the Rocky Mountains. The company does a lot of logging, mining and resource refinement in a factory on that land. They also mine and log on the national forest land, for the Department of the Interior (DOI) granted them special mining and logging permits. Naturally, their operations create a considerable amount of pollution and inconvenience to the general area, which includes the National Forest and, Mudville, a fairly large town bordering the forest for which the company provides several hundred jobs and a large slice of the tax base. Founded …
Happy Hiker Club Vs. Department Of The Interior, William Athay
Happy Hiker Club Vs. Department Of The Interior, William Athay
Brigham Young University Prelaw Review
The Landmine Company conducts extensive logging, mining, and resource refinement in the National Forest near the city of Mudville. Authorization for their industry was granted by the Department of the Interior (DOI). The operations have led to significant pollution and disfigurement of public lands.
The Need For Local Government Cooperation In Maintaining Environmental Quality: Deq V. Mudville, Chris D. Brown
The Need For Local Government Cooperation In Maintaining Environmental Quality: Deq V. Mudville, Chris D. Brown
Brigham Young University Prelaw Review
The preservation of air and water quality is at the heart of maintaining a safe environment. It has therefore been the responsibility of the Department of Environmental Quality, through state statute, to "ensure a safe and healthy environment for all residents, maintain healthy ecosystems needed for the development of tourist activities and promote economic development." Standards have been set by the Clean Air Act and the Clean Water Act for the acceptable level of contamination to both air and water before they are determined unsafe. A proposed lawsuit against the city of Mudville by the DEQ is an example of …
State Department Of Environmental Quality V. Landmine Company, Melissa Christensen
State Department Of Environmental Quality V. Landmine Company, Melissa Christensen
Brigham Young University Prelaw Review
The State Department of Environmental Quality (DEQ) is initiating action against the Landmine Company on the grounds of violation of the Clean Air Act. Section 107(a) of the Clean Air Act declares that each state "shall have the primary responsibility for assuring air quality within the entire geographic area comprising each state." Responsibility to "ensure a safe and healthy environment for all residents, maintain healthy ecosystems needed for the development of tourist activities and promote economic development" has been conferred on the State DEQ through state law. Therefore, the DEQ has adequate standing to bring a suit against the Landmine …
Landmine Company V. Doi, David Hersam
Landmine Company V. Doi, David Hersam
Brigham Young University Prelaw Review
In the town of Mudville, near a national forest in the Rocky Mountains, the Landmine Company owns land on which it logs, mines, and performs resource refinement. The company has also received legal permits from the Department of the Interior (DOD to use resources within the neighboring national park. All of these functions contribute significantly to the economic welfare of Mudville, which was in fact founded long after the Landmine Company.
City Of Mudville Vs. State Department Of Environmental Quality, Andrew Christensen
City Of Mudville Vs. State Department Of Environmental Quality, Andrew Christensen
Brigham Young University Prelaw Review
The City of Mud ville, having witnessed an increase in childhood cancer and other illnesses coincident with a rise in levels of toxins in the area's watershed, believes that the State Department of Environmental Quality (DEQ) has failed to fulfill its statutory mandate to "ensure a safe and healthy environment for all residents (and) maintain healthy ecosystems needed for the development of tourist activities." Specifically, the city is suing the DEQ to force it to demonstrate that the DEQ has fulfilled its mandate by either a) confirming the EPA's compliance with the Safe Drinking Water Act (SDW A), orb) exercising …
Defining Responsibility: The Citizens Of Mudville V. Epa, Jenny Rebecca Oman
Defining Responsibility: The Citizens Of Mudville V. Epa, Jenny Rebecca Oman
Brigham Young University Prelaw Review
A logging, mining, and resource refinement company called Landmine, which operates near national forest land by the Rocky Mountains, has created a severe water pollution problem to the surrounding area, especially for a large town called Mudville. The company does a great deal of its mining and logging inside the national forest, for which Landmine Company possesses special permits to do so from the Department of the Interior (DOI). In addition, the wells that are used in the area share a common aquifer with both the company and the national forest. The wells have increasingly become tainted with elements and …