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Articles 91 - 95 of 95
Full-Text Articles in Law
Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival
Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival
Faculty Scholarship
In its first full Term with its newest member, the U.S. Supreme Court marched decidedly to the right with decisions narrowing abortion rights, striking down affirmative action programs, invalidating campaign finance regulations, and making it more difficult for victims of employment discrimination to seek redress. In the face of this rightward shift the most surprising decision of the Term was the Court’s embrace of claims that the U.S. Environmental Protection Agency (EPA) had acted unlawfully by refusing to use the Clean Air Act to combat climate change. In Massachusetts v EPA, the Court held that EPA had the authority to …
Capture, Accountability, And Regulatory Metrics, Sidney A. Shapiro, Rena I. Steinzor
Capture, Accountability, And Regulatory Metrics, Sidney A. Shapiro, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival
21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival
Faculty Scholarship
After reviewing the history of environmental law, this article discusses some important lessons that can be learned from its successes and failures. It discusses the continued influence of common law notions of causal injury on the administrative state and how the globalization of environmental concerns is affecting environmental law throughout the world. It concludes by venturing some predictions concerning the future of environmental law.
El Surgimiento Del Derecho Ambiental Global, Robert V. Percival
El Surgimiento Del Derecho Ambiental Global, Robert V. Percival
Faculty Scholarship
Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law” – law …
The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner
The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner
Faculty Scholarship
Activist institutional investors traditionally have invested in a company's equity to try to influence change at the company. Some of these investors, however, are now purchasing a company's debt for this same purpose. They may seek to change a company's management and board personnel, operational strategies, asset holdings or capital structure. The chapter 11 bankruptcy cases of Allied Holdings, Inc. and its affiliates exemplify the strategies of activist distressed debt investors. In the Allied cases, Yucaipa Companies, a distressed debt investor, purchased approximately 66% of Allied's outstanding general unsecured bond debt. Yucaipa used this debt position to exert significant influence …