Law Commons^™

"Arranger Liability" Under The Comprehensive Environmental Response, Compensation, And Liability Act (Cercla): Judicial Retreat From Legislative Intent, David W. Lannetti

William & Mary Law Review

No abstract provided.

Implementation Of The Laws Of War In Late-Twentieth-Century Conflicts, Adam Roberts

International Law Studies

No abstract provided.

Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate

Indiana Law Journal

No abstract provided.

Department Of Justice Litigation: Externalizing Costs And Searching For Subsidies, Nicholas S. Zeppos

Law and Contemporary Problems

The ignored questions of Department of Justice compensation, recruitment, and staffing are considered.

Identifying And Valuing The Injury In Lost Chance Cases, Todd S. Aagaard

Michigan Law Review

Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care. Even after the plaintiff has established the defendant's breach of duty, however, issues of causation and damages remain. These two issues are frequently vexing, both conceptually and in terms of evidentiary demonstration. For example, if a plaintiff proves that a defendant acted negligently, it still may be unclear whether the plaintiff would have been injured even ip the absence of the defendant's negligence. Similarly, in assessing damages, factfinders often :find it difficult to attach a monetary value to a plaintiff's nonpecuniary losses …

The Legislation Of Unintended Consequences, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Between Iraq And A Hard Place: The U.N. Compensation Commission And Its Treatment Of Gulf War Claims, Lea C. Owen

Vanderbilt Journal of Transnational Law

The United Nations Compensation Commission (UNCC) was formed in 1991 to address claims against Iraq arising out of the Gulf War. In its seven years of operation, the UNCC has received 2.6 million claims, with an asserted value of more than $244 billion. It has processed 2.4 million of these claims, for a total of $6 billion, and it has paid to victims more than $730 million. Despite these accomplishments, the UNCC has much left to do, and its efforts have been burdened by Iraq's post-war refusal to meet its treaty obligations. The UNCC now faces waning political support from …

Clint Eastwood And Equity: Popular Culture's Theory Of Revenge, William I. Miller

Book Chapters

Revenge is not a publicly admissible motive for individual action. Church, state, and reason all line up against it. Officially revenge is thus sinful to the theologian, illegal to the prince, and irrational to the economist (it defies the rule of sunk costs). Order and peace depend upon its extirpation; salvation and rational political and economic arrangements on its denial. The official antivengeance discourse has a long history even preceding the Stoics, taken up and elaborated by medieval churchmen and later by the architects of state building.

A Proposal To Recognize A Legal Obligation On Physicians To Provide Adequate Medication To Alleviate Pain, Tonya Eippert

Journal of Law and Health

This note seeks to show how the current practice among medical practitioners in the United States, by treating pain retroactively after it begins, is inadequate. Administering narcotics to patients on an "as needed" basis unnecessarily prolongs pain and suffering. A more effective approach, which is advocated by the Agency for Health Care Policy & Research (AHCPR), is to treat pain preventatively rather than retroactively. The myth that pain medication is addictive, and that physicians should therefore prescribe as little pain medication as possible, is just that, a myth. Patients are suffering pain in today's hospitals and at home unnecessarily. Given …

To Profit Or Not-To-Profit: An Examination Of Executive Compensation In Not-For-Profit Organizations Contracting With New York City

Fordham Urban Law Journal

This report examined the compensation practices of not-for profit (NFP) organizations that have contracts with New York City.It reports the compensations statistics for NFP's contracting with the city. It also reports that many of these organizations did not comply with the regulations requiring public access to NFP's Annual Returns.

New York State's Brownfields Programs: More And Less Than Meets The Eye, Michael B. Gerrard

Faculty Scholarship

New York, as the nation's second most populous state, and one of its oldest and most urban, has an abundance of brownfields-slightly contaminated properties that were formerly used for industrial purposes, but that are now unused or underused, and ripe for redevelopment if they can be cleaned up. Thus, it may be surprising that New York is one of the few states without a comprehensive statute or regulation for the voluntary cleanup of brownfields.

There is, however, more here than meets the eye. New York has three important programs and several smaller ones that provide procedures, money, or incentives for …

Compensating Differentials For Gender-Specific Job Injury Risks, Joni Hersch

Vanderbilt Law School Faculty Publications

Women have largely been excluded from analyses of compensating differentials for job risk since they are predominantly employed in safer, white-collar occupations. New data reveal that their injury experience is considerable. One-third of the total injury and illness cases with days away from work accrue to female workers. Adjusted for employment, women are 71 percent as likely as men to experience an injury or illness. As one would predict on theoretical grounds, these risks generate compensating differentials. Based on gender-specific injury incidence rates for both industry and occupation, I find strong evidence of compensating wage differentials for the job risk …