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Articles 1 - 30 of 33
Full-Text Articles in Law
Out Of Focus, John C. Dernbach
Environmental Justice: Concentration On Education And Public Participation As An Alternative Solution To Legislation, Anne K. No
William & Mary Environmental Law and Policy Review
No abstract provided.
Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review
Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review
William & Mary Environmental Law and Policy Review
The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.
Determining Trial Type In Complex Toxic Tort And Environmental Cases, Richard Faulk
Determining Trial Type In Complex Toxic Tort And Environmental Cases, Richard Faulk
Richard Faulk
Generally, there are four trial options available for dealing with complex multi-party cases, although they can be blended or combined in a number of ways. They include: a conventional plenary trial for all plaintiffs and all defendants on all issues; one or more separate trials on issues, such as limitations or causation; "pilot" or "bellwether" trials for selected plaintiffs against all defendants on all issues; and class actions where the claims of class representatives are tried in a plenary fashion. This article examines these options and their relative benefits and disadvantages.
Knowing Just Enough To Be Dangerous: A Primer For Complex Toxic Tort And Environmental Cases, Richard Faulk
Knowing Just Enough To Be Dangerous: A Primer For Complex Toxic Tort And Environmental Cases, Richard Faulk
Richard Faulk
"Complexity" is a hallmark of toxic tort and environmental litigation. To be sure, these cases present complex factual, medical, and scientific issues. The extent of the "complexity," however, depends largely upon the trial lawyer's ability to recognize the issues that actually require extensive attention. This article deals with a number of practical problems facing lawyers in complex toxic tort and environmental cases.
Our Common Future, American Style (Reviewing President’S Council On Sustainable Development, Sustainable America (1996)), John C. Dernbach
Our Common Future, American Style (Reviewing President’S Council On Sustainable Development, Sustainable America (1996)), John C. Dernbach
John C. Dernbach
No abstract provided.
Environmental Law: Ethics Or Science, A. Dan Tarlock
Environmental Law: Ethics Or Science, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock
Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock
International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review
Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review
William & Mary Environmental Law and Policy Review
The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to our subscribers.
International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock
International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock
Dan Tarlock
No abstract provided.
Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock
Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock
Dan Tarlock
No abstract provided.
Environmental Law: Ethics Or Science, A. Dan Tarlock
Environmental Law: Ethics Or Science, A. Dan Tarlock
Dan Tarlock
No abstract provided.
Natural Resource Damages From Rachel Carson's Perspective: A Rite Of Spring In American Environmentalism, Peter M. Manus
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.
Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank
Faculty Articles and Other Publications
This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Indian Fishing Rights: A Lost Opportunity For Ecosystem Management, Martin H. Belsky
Indian Fishing Rights: A Lost Opportunity For Ecosystem Management, Martin H. Belsky
Akron Law Faculty Publications
Today, the depletion of salmon and steelhead fisheries in the Northwest United States is a concern not only to commercial fishers whose livelihoods depend on the resource but also to conservationists who fear the endangerment or extinction of the species. The implementation of a comprehensive approach to fisheries management could have reduced this threat of depletion. The federal courts had the opportunity to promote regulation and conservation of the fisheries in two cases, Sohappy v. Smith and United States v. Washington (Boldt), but failed to adopt an effective management model that would address the environmental concerns of the fisheries as …
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
Fred P. Bosselman
No abstract provided.
Summary Of The United States Seminar On Our National Environmental Laws, John R. Nolon
Summary Of The United States Seminar On Our National Environmental Laws, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
My objective today is to summarize the discussion that took place at a seminar we held in the United States which described and evaluated our nation's environmental protection laws. The purpose of that seminar was to draw from that experience lessons that should help us, and perhaps Argentina, as we both consider how to improve the laws that affect natural resource use and conservation in our countries.
Indian Fishing Rights: A Lost Opportunity For Ecosystem Management, Martin H. Belsky
Indian Fishing Rights: A Lost Opportunity For Ecosystem Management, Martin H. Belsky
Martin H. Belsky
Today, the depletion of salmon and steelhead fisheries in the Northwest United States is a concern not only to commercial fishers whose livelihoods depend on the resource but also to conservationists who fear the endangerment or extinction of the species. The implementation of a comprehensive approach to fisheries management could have reduced this threat of depletion. The federal courts had the opportunity to promote regulation and conservation of the fisheries in two cases, Sohappy v. Smith and United States v. Washington (Boldt), but failed to adopt an effective management model that would address the environmental concerns of the fisheries as …
Fusing Economic And Environmental Policy: The Need For Framework Laws In The United States And Argentina, John R. Nolon
Fusing Economic And Environmental Policy: The Need For Framework Laws In The United States And Argentina, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In an effort to discover the best legal strategies to respond to these new challenges, seminars were conducted among experts in economic development and environmental protection in both the United States and Argentina. The observations and recommendations of these experts have been summarized and published and will be referenced as appropriate. This article attempts to synthesize what was learned in these two seminars, the research conducted in preparation for them, and the ongoing discussion among the participants. It begins with a summary of the forces in both countries that call for a change in the legal system, shows how these …
The National Land Use Policy Act, John R. Nolon
The National Land Use Policy Act, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Professor Miller talked about a particular road that we traveled beginning in the 1970s. Professor Robinson discussed a different road that we traveled when we adopted the National Environmental Policy Act (NEPA) in 1969. I would like to talk about the road not traveled, a road that led in the direction that Professor Miller just charted. We considered a different more comprehensive approach in the early 1970s when our national environmental policies were being formed. The time may be right to reconsider what we then narrowly rejected, both here and in Argentina.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
United States Pollution Control Laws, Jeffrey G. Miller
United States Pollution Control Laws, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The environmental assessment process established by NEPA has been a success and was a step forward on the path of integrating environmental and economic policy. The national pollution abatement laws that were adopted in the decade after NEPA, however, operate in a very different fashion. They, too, have been very successful in a number of important respects, but have achieved less than we had hoped for because of certain flaws in their design. To analyze these laws for us, I would like to introduce another colleague, Professor Jeffery Miller, who has also travelled in Argentina. In fact, Professor Miller conducted …
Welcome (Symposium On Framework Laws--The Key To Sustainable Development In The Americas), Richard L. Ottinger
Welcome (Symposium On Framework Laws--The Key To Sustainable Development In The Americas), Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
This is a subject of deep interest to our law school. We have established one of the top environmental studies centers in the United States. In addition, we operate a nationally recognized energy law project, land use law center and international commercial law institute. Our interest is global and broad, focusing on the legal issues involved both in resource use and conservation and on applications at the local, national and international level. We take this broad approach for a simple reason: it is the approach that our graduates will have to take as they practice law in the global market …
Seminar On The Law Of Sustainable Development--United States, John R. Nolon
Seminar On The Law Of Sustainable Development--United States, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Welcome to a video seminar on the Law of Sustainable Development in Argentina and the United States. Our plan is to record these proceedings and show segments of them at a similar seminar to be held next month in Buenos Aires, Argentina.
Review Of "Wild Ideas" By David Rothenberg, David N. Cassuto
Review Of "Wild Ideas" By David Rothenberg, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Law Of Sustainable Development, Nicholas A. Robinson
The Law Of Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
I am going to talk briefly, as dictated by the format of this seminar, about the law of sustainable development and how it has been developing. Sustainable development is, today, the guiding theme for both public and private measures to improve social conditions and strengthen economic conditions around the world. It did not become a guiding theme overnight. The recognition that sustainable development is fundamental has been growing gradually. The concept recognizes that the sort of development that was popular in the 1960s and 1970s in the United States of America and elsewhere was, by itself, an inadequate base on …
Second Annual Lloyd K. Garrison Lecture On Environmental Law: Using Property Rights To Attack Environmental Protection, Joseph Sax
Joseph L. Sax
No abstract provided.
White Paper On Climate Change, David Hodas