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Full-Text Articles in Law
"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
Michigan Journal of International Law
Although 1995 marks the fiftieth anniversary of the birth of the United Nations, the year also marks the fifth anniversary of a newly revitalized Security Council. In this period of five years, scholarly debate on the Security Council has shifted from what it might do if it could act to what substantive limits, if any, exist on the Security Council's authority to act under the Charter. The legitimacy of the Security Council's authority under the Charter arises both in its initial determination of when it can act and in its determination of the appropriate scope of its actions once it …
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Denis Binder
Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Denis Binder
Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …