Law Commons^™

Buildings And Housing Landfills: Require Identification And Record Keeping, A. Butts-Cater

Georgia State University Law Review

The Act requires that all property on which a landfill is or has been located be properly identified. It also requires the Environmental Protection Division of the Department of Natural Resources to maintain certain landfill records. The Act mandates that deeds conveying an interest in land previously used as a commercial landfill include proper notice and other pertinent information related to the operation of the landfill. The Act imposes liability on the seller of real property if he willfully violates the Code provisions. Further, the Act creates a civil remedy for a purchaser of such land if the purchaser suffers …

Police Liability For Creating The Need To Use Deadly Force In Self-Defense, Frank G. Zarb Jr.

Michigan Law Review

Police officers are granted wide discretion in the use of their firearms. Allowing officers some discretion is unavoidable, because they must often make difficult decisions in the face of rapidly changing circumstances. Officers, however, may abuse this discretion and cause injury or death unnecessarily. In the face of this danger of abuse by officers, suspects are, in many states, prohibited from defending themselves. While it is better to have a court decide when a police officer has abused his discretion than to allow the suspect to make that decision at the moment of arrest, it is not clear what standards …

Negligent Accounting And The Limits Of Instrumental Tort Reform, John A. Siliciano

Michigan Law Review

This article first explores the relationship between the accountant and the reliant third party, and recounts the mounting judicial hostility to the accountant's traditional privity defense. Next, the article critically examines the arguments that have supported traditional privity-based regimes. The third section turns to the reform courts and tests whether the rationales offered for reform justify abandoning the privity requirement.

Concluding that a convincing case for reform has yet to be made and - given the complexity of a properly executed instrumental analysis - may never be made, the article's final section reconsiders the utility of instrumental reasoning as a …

Pesticide Contamination Of Groundwater: Superfund Liability?, David R. Andrews

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

12 pages.

Contains references.

The D & O Insurance Crisis: Darkness At The End Of The Tunnel, John A. Cottingham

South Carolina Law Review

No abstract provided.

Government Official Torts And The Takings Clause: Federalism And State Sovereign Immunity, Jack M. Beermann

Faculty Scholarship

In this article, I argue that state sovereign and official immunities, insofar as they bar recovery when private parties would be liable for similar conduct, are unconstitutional under the takings clause of the fifth amendment, as applied to the states under the fourteenth.²² A state's refusal to compensate plaintiffs for the tortious damage or destruction of property should be redressed by the federal courts in civil actions brought under § 1983.

Section I of this article provides background through a discussion of the Supreme Court's treatment of the problem of torts committed by government officials, primarily in procedural due …

Cherobyl: Its Implications For International Aromic Energy Regulation, Diana K. Brown

Michigan Journal of International Law

The first section of this note focuses on the IAEA's role in the existing network of international organizations designed to improve nuclear power plant safety. The second section examines the implications of the Chernobyl accident for international cooperation in the nuclear field. The final section proposes several improvements for nuclear safety management, and is subdivided accordingly. The first subsection analyzes the incident reporting systems of the IAEA and the Nuclear Energy Agency and recommends amending the IAEA Convention on Early Notification of a Nuclear Accident to ensure that all nuclear incidents, as well as accidents, are covered by its terms. …

Assessment Of Carcinogenic Risk And The Delaney Clause: The Search For A Better Standard, Mark A. Cleaves

Journal of Law and Health

This article will focus upon the legislative history and subsequent case law dealing with the Delaney Clause and it will include the rationale and limitations of the provision. In order to regulate carcinogens one must have a clear understanding of the cancer processes. Therefore a brief discussion of the biological parameters involved is warranted. The purpose of this discussion is to find a more rational alternative to the Delaney Clause. The use of quantitative risk assessment as an approach to regulate carcinogens found in food is also discussed. By combining the purposes of the original (and current statutory provisions with …

Risk Arbitrage And Insider Trading: A Functional Analysis Of The Fiduciary Concept Under Rule 10b-5, Laurence A. Steckman

Touro Law Review

No abstract provided.

Liability For Post-Transfusion Aids: An Analysis And Proposal, Lawrence K. English

Journal of Law and Health

The nature of the acquired immune deficiency syndrome (AIDS) epidemic and the methods used to protect the blood supply from contamination by the AIDS virus indicate that an increasing number of actions seeking recovery for post-transfusion infection may reach the courts in the next decade. The theories under which plaintiffs usually seek relief for transfusion-related infection - e.g., negligence or strict liability - lead to complex factual, procedural, and public policy problems which do not readily lend themselves to consistent, just adjudication.

The Decline Of The Contract Market Damage Model, James J. White

Articles

In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.

Cigarette Company Liability: Preemption, Public Policy And Alternative Compensation Systems, Richard C. Ausness

Law Faculty Scholarly Articles

This Article speculates that some courts may have used the preemption doctrine to mask their misgivings about the ability of tort litigation to provide fair compensation to injured consumers without bankrupting the tobacco industry. Consequently, the author suggests that it may be necessary to streamline the litigation process for mass torts or perhaps even to replace it with an alternative compensation system for the purpose of adjudicating smoking-related claims.

With this in mind, Part I briefly examines the health risks of smoking and the nature of the common law duty to warn. It also reviews a number of recent cigarette …

Disbursement Of Insurance Money Covering An Insured's Legal Expenses As Incurred, Arthur P. Xanthos

Fordham Urban Law Journal

In the Southern District of New York, Pepsico, Inc. v. Continental Casualty Co. held that the D & O insurance carrier was obligated to pay the insured's costs as they accrue, subject to reimbursement should adjudication show that there were no grounds for coverage. This Note proposes that the Pepsico rule favoring the insured is the more judicious view regarding interim payments. This Note discusses the differing interpretations of D & O policy defense cost clauses, and then analyzes the Pepsico rule from the standpoints of reasonable expectations, contract interpretation and unconscionability. After comparing D & O insurance with standard …

How Lawyers Deal With The Recent Changes In The Area Of Environmental Law, Dorothea M. Polster

Cleveland State Law Review

Recent changes in the area of environmental law regarding the cleanup of hazardous waste sites, particularly in the federal arena, are forcing lawyers to revise their strategy when advising commercial real estate developers. Lawyers have traditionally focused upon the economic aspects of a commercial real estate transaction such as the enforceability of leases, mortgage encumbrances, restrictions, title issues, and site inspection of the premises. In addition to focusing upon these traditional aspects, new and important emphasis must be placed on the analysis and determination of the condition of the physical property itself. Recent federal legislation such as the Comprehensive Environmental …