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Articles 1 - 11 of 11

Full-Text Articles in Law

State Responsibility And Civil Liability For Environmental Damage Caused By Military Operations, Christopher Greenwood Jun 1996

State Responsibility And Civil Liability For Environmental Damage Caused By Military Operations, Christopher Greenwood

International Law Studies

No abstract provided.


The Copyright Act Of 1976 And Prejudgment Interest, Jon M. Powers Mar 1996

The Copyright Act Of 1976 And Prejudgment Interest, Jon M. Powers

Michigan Law Review

This Note argues that prejudgment interest should be presumptively available on damages-plus-profits awards under section 504(b) but should not be available for statutory damages under section 504(c). Part I argues that Supreme Court precedent suggests that the explicit reference to interest found in the Patent Act does not prevent courts from awarding prejudgment interest under the 1976 Copyright Act. Part II asserts that the 1976 Copyright Act's silence regarding prejudgment interest does not represent a congressional choice to exclude this remedy and that, in the face of this silence, the underlying purposes of section 504 should determine the propriety of …


Expediting Productive Reuse Of Superfund Sites: Some Legislative Solutions For Virginia And The Nation, Scott C. Whitney Mar 1996

Expediting Productive Reuse Of Superfund Sites: Some Legislative Solutions For Virginia And The Nation, Scott C. Whitney

William & Mary Environmental Law and Policy Review

No abstract provided.


Natural Resource Damages From Rachel Carson's Perspective: A Rite Of Spring In American Environmentalism, Peter M. Manus Feb 1996

Natural Resource Damages From Rachel Carson's Perspective: A Rite Of Spring In American Environmentalism, Peter M. Manus

William & Mary Law Review

No abstract provided.


Turning From Tort To Administration, Richard A. Nagareda Feb 1996

Turning From Tort To Administration, Richard A. Nagareda

Michigan Law Review

My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …


Rule 706: Court Appointed Experts Jan 1996

Rule 706: Court Appointed Experts

Touro Law Review

No abstract provided.


Workers' Compensation Jan 1996

Workers' Compensation

Touro Law Review

No abstract provided.


Nafta And The Environment: A Proposal For Free Trade In Hazardous Waste Between The United States And Mexico Symposium - The Environment And The United States-Mexico Border., David W. Eaton Jan 1996

Nafta And The Environment: A Proposal For Free Trade In Hazardous Waste Between The United States And Mexico Symposium - The Environment And The United States-Mexico Border., David W. Eaton

St. Mary's Law Journal

Over the past decade, the transboundary movement of hazardous waste has become an important issue. Because of its geographic proximity to the United States and its desire to attract foreign investment, Mexico has become one of the United States-owned maquiladoras’ favorite dumping grounds. The recent North American Free Trade Agreement (NAFTA) may only exacerbate matters. Because the health and environmental risks associated with the inappropriate disposal of hazardous waste knows no boundaries, it is important NAFTA signatories jointly address waste issues. While NAFTA has had a positive impact on environmental protection in the United States and Mexico, the NAFTA debate …


Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell Jan 1996

Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell

Journal of Law and Health

This Note argues that wrongly accused parents should be granted standing by the courts to bring suit against therapists who negligently suggest that their children are victims of sexual abuse. The first section will analyze the validity of recovered memories obtained through the use of various suggestive techniques. The second section will explore the various causes of action that courts are considering actionable by innocent third parties against the therapists who implant false memories. The causes of action that will be analyzed are malpractice, negligence, intentional infliction of emotional distress, defamation, loss of companionship and society, and breach of contract. …


Comparable Worth And The Fair Pay Act Of 1994, Rhonda J. Blackburn Jan 1996

Comparable Worth And The Fair Pay Act Of 1994, Rhonda J. Blackburn

Kentucky Law Journal

No abstract provided.


Equal Protection Jan 1996

Equal Protection

Touro Law Review

No abstract provided.