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Articles 1 - 11 of 11
Full-Text Articles in Law
Trustee Liability In Cercla: Confronting The Problems And Proposing Solutions, W. Carter Santos
Trustee Liability In Cercla: Confronting The Problems And Proposing Solutions, W. Carter Santos
William & Mary Environmental Law and Policy Review
No abstract provided.
Public Land Management Decisions Affecting Water Rights: The Issue Of Requiring By- Pass Flows As A Condition Of National Forest Special Use Permits For Water Facilities, David H. Getches
Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)
12 pages.
Sleeper Issue In Health Care Reform: The Threat To Workers’ Compensation , Debra T. Ballen
Sleeper Issue In Health Care Reform: The Threat To Workers’ Compensation , Debra T. Ballen
Cornell Law Review
No abstract provided.
Criminal Procedure Victim Compensation: Change Certain Definitions; Define Additional Terms; Repeal Certain Provisions; Change Certain Provisions; Change Powers Of The Georgia Crime Victims Compensation Board, Thomas L. Nunnallee
Georgia State University Law Review
The Act is a comprehensive revision of existing legislation providing compensation for crime victims. It changes certain definitions, adds new terms, and changes the powers of the Georgia Crime Victims Compensation Board. The Act also provides for direct payments to victims or other claimants for certain losses or reimbursements, provides for priority of payments, and provides for confidentiality of certain information. Additionally, the Act provides for awards to those suffering financial loss in aiding a crime victim, denies awards for property loss, and denies awards to certain currently incarcerated felons. Finally, the Act raises the maximum amount of an award …
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
6 pages.
Property Rights And Public Resources, Mark L. Pollot
Property Rights And Public Resources, Mark L. Pollot
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
4 pages.
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
7 pages.
Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford
Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford
Publications
This Article argues that by concentrating largely on expanding the scope of constitutional jurisprudence, lawyers and legal academics have failed to examine possibilities for strategic lawsuits using the elaborate array of existing federal environmental statutes. Specifically, both lawyers and legal academics have needlessly neglected or shied away from the medical monitoring lawsuit available under section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), to the disadvantage of potential environmental justice plaintiffs.
Are Women Worth As Much As Men?: Employment Inequities, Gender Roles, And Public Policy, Kathryn Branch
Are Women Worth As Much As Men?: Employment Inequities, Gender Roles, And Public Policy, Kathryn Branch
Duke Journal of Gender Law & Policy
Gender inequities in employment are apparent in many different contexts and have numerous components. The most quantifiable measure is a comparison between the relative earnings of men and women. A related measure is the distribution by gender across occupational lines and the average relative salaries of jobs that tend to be predominantly occupied by workers of one gender. All available statistics show that men earn significantly more than women. 1 This remains true no matter what year the figures are from, or whether they are weighted according to age, labor force status, or educational attainment. 2 If financial compensation for …
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Faculty Publications
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher
Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.