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Articles 1381 - 1410 of 7679
Full-Text Articles in Law
Symposium Luncheon Address, Claire A. Manning
Symposium Luncheon Address, Claire A. Manning
Northern Illinois University Law Review
Overview of the role and function of the Illinois Pollution Control Board in citizen enforcement and other actions, and the Board's role in recent environmental achievements.
Law Student Advocates And Conflicts Of Interest, Adrienne Thomas Mccoy
Law Student Advocates And Conflicts Of Interest, Adrienne Thomas Mccoy
Washington Law Review
Law students who represent clients under attorney supervision are subject to no clear conflict of interest rules. Whether they are considered lawyers or nonlawyers for purposes of each state's ethics rules is uncertain. Available rules governing lawyer and nonlawyer conflicts of interest ignore the competing interests of legal education, law student employment, clients, and public service. This Comment proposes a student conflict of interest rule that balances these interests by (1) holding student advocates to high ethical standards and (2) allowing screening to cure most conflicts that occur within student representation and that would otherwise handicap students in future employment
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Northern Illinois University Law Review
Federal environmental enforcement is currently on the rise. United States Environmental Protection Agency ("USEPA") statistics indicate an increase in criminal prosecutions and the targeting of individual employees. It is the government's hope to encourage individuals to pay greater attention to environmental laws and regulations. The author contends that knowledge of USEPA's new environmental audit policy is the best protection against criminal prosecution for environmental violations. Under the new audit policy, a company can qualify for 100% punitive penalty reduction by discovering violations through a self-imposed environmental audit and expeditiously remedying those violations. Moreover, the USEPA interim policy implemented on June …
Hedge-To-Arrive Contracts: Jurisdictional Issues Under The Commodity Exchange Act, Jennifer Durham King, James J. Moylan
Hedge-To-Arrive Contracts: Jurisdictional Issues Under The Commodity Exchange Act, Jennifer Durham King, James J. Moylan
Northern Illinois University Law Review
This article addresses the conflicting judicial and administrative agency interpretations of a recent innovation in agricultural merchandising known as Hedge-to-Arrive ("HTA") contracts. This article examines the first federal district court opinion upholding HTA contracts as forward contracts, exempt from the Commodity Exchange Act ("CEA") and regulation by the Commodity Futures Trading Commission ("CFTC"). The article also examines the CFTC's approach to regulating HTA contracts in its administrative forum. The CFTC has taken the position that HTA contracts marketed to the general public are illegal futures contracts. A CFTC Administrative Law Judge recently took the position that HTA contracts are not …
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Northern Illinois University Law Review
The author asserts that aggressive identification and correction of compliance problems are the best defenses in an environmental enforcement action. The purpose of the article is to provide an understanding of how civil penalties in environmental enforcement actions are calculated. The author suggests ways in which the civil penalties can be reduced and ways to secure some "return of value" to the company. The author also addresses the concept of recouping the economic benefit of non-compliance. Finally, the author suggests that there may be unanticipated consequences of settling an environmental enforcement action.
Vol. 18, No. 3, Summer 1998: Table Of Contents, Northern Illinois University Law Review
Vol. 18, No. 3, Summer 1998: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger
Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger
Faculty Works
No abstract provided.
Testing The Partnership Model Of Growth Management, Jeffrey Patterson
Testing The Partnership Model Of Growth Management, Jeffrey Patterson
Washington International Law Journal
Three major events can be expected to influence land use and tenure in British Columbia, Canada, well into the future. A new Forest Practices Code and harvesting regulations and settlement of aboriginal land claims will profoundly affect B.C.'s rural and wilderness landscape. A third initiative, a growth management strategy act adopted by the B.C. legislature in 1995 will, however, potentially have a major impact on the urban landscape that most British Columbians experience in their daily lives. Its objective is the promotion of human settlements that are socially, economically and environmentally halthy. This paper explores the particular geographic and political …
Gender Inequality In In Vitro Fertilization: Controlling Women's Reproductive Autonomy, Melissa E. Fraser
Gender Inequality In In Vitro Fertilization: Controlling Women's Reproductive Autonomy, Melissa E. Fraser
City University of New York Law Review
No abstract provided.
Punitive Damages: Their Determinants, Effects On Firm Value, And The Impact Of Supreme Court And Congressional Attempts To Limit Awards, John Lott, Jonathan M. Karpoff
Punitive Damages: Their Determinants, Effects On Firm Value, And The Impact Of Supreme Court And Congressional Attempts To Limit Awards, John Lott, Jonathan M. Karpoff
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Fallacy Of Duffield V. Robertson And Rosenberg V. Merrill Lynch: The Continuing Viability Of Mandatory Pre-Dispute Title Vii Arbitration Agreements In The Post-Civil Rights Act Of 1991 Era, The, Kristen Decker, William Krizner
Fallacy Of Duffield V. Robertson And Rosenberg V. Merrill Lynch: The Continuing Viability Of Mandatory Pre-Dispute Title Vii Arbitration Agreements In The Post-Civil Rights Act Of 1991 Era, The, Kristen Decker, William Krizner
Journal of Dispute Resolution
Two recent decisions, one in the Ninth Circuit and one in a Massachusetts District Court, have erroneously held that mandatory Title VII pre-dispute arbitration clauses are unenforceable under the Civil Rights Act of 1991.' A statutory construction analysis of the 1991 Civil Rights Act demonstrates that Congress did not intend to abolish the use of such clauses. Instead, Congress intended to support the use of mandatory pre-dispute arbitration as a valid and useful forum for the resolution of disputes arising under Title VII of the Civil Rights Act of 1964. The purpose of the following Article is twofold. First, this …
Eleventh Circuit Adopts Manifest Disregard Of The Law As A Non-Statutory Ground For Vacating An Arbitration Award - Montes V. Shearson Lehman Brothers, Inc., The, Daniel S. Cohen
Journal of Dispute Resolution
When parties agree to resolve disputes through arbitration, they expect the resolution to be binding and final. There are a few situations, however, where a court will be willing to intervene and vacate the arbitration board's award. The Eleventh Circuit Court of Appeals, in Montes v. Shearson Lehman Brothers, Inc., recognized that manifest disregard of the law by an arbitrator is a reason to abandon the arbitrator's ruling and remand the case to a new arbitration board. The court established that when it can be shown that the arbitrator knew the law and expressly ignored it, his decision will not …
Survey Of Domestic Mediator Qualifications And Suggestions For A Uniform Paradigm, A, Timothy Lohmar, Heidi Gryte, Amy Markel
Survey Of Domestic Mediator Qualifications And Suggestions For A Uniform Paradigm, A, Timothy Lohmar, Heidi Gryte, Amy Markel
Journal of Dispute Resolution
Plagued by the burdens of congestion in the family courts system, many jurisdictions have resorted to both court-connected and independent mediation referral as a means to relieve the hurdles of domestic litigation.' In efforts to ensure the quality of mediators to whom they refer cases, many states have resorted to statutory provisions which prescribe certain criteria which domestic mediators must meet. What has evolved is a variety of domestic mediator skills, personal qualities, and knowledge standards incorporated by jurisdictions throughout the United States. This note will attempt to identify the predominant themes recurrent in states ordaining statutory domestic mediator qualifications, …
Recent Developments: The Uniform Arbitration Act, Benjamin K. Byrd, Mondonna L. Ghasedi, Robert J. Steintjes, Michelle Trant
Recent Developments: The Uniform Arbitration Act, Benjamin K. Byrd, Mondonna L. Ghasedi, Robert J. Steintjes, Michelle Trant
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia.' The goal of this project is to promote uniformity in the interpretation of the U.A.A. by articulating the underlying policies and rationales of recent court decisions interpreting the U.A.A.
The Cost Of Noncompliance: The Economic Value Of Water In The Middle Arkansas River Valley, Robert Benjamin Naeser, Lynne Lewis Bennett
The Cost Of Noncompliance: The Economic Value Of Water In The Middle Arkansas River Valley, Robert Benjamin Naeser, Lynne Lewis Bennett
Natural Resources Journal
No abstract provided.
Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn
Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn
South Carolina Law Review
No abstract provided.
Electronic Commerce On The Internet And The Statute Of Frauds, R. J. Robertson Jr.
Electronic Commerce On The Internet And The Statute Of Frauds, R. J. Robertson Jr.
South Carolina Law Review
No abstract provided.
Balancing Act: Public Policy And Punitive Damages Caps, Andrea Moore Hawkins
Balancing Act: Public Policy And Punitive Damages Caps, Andrea Moore Hawkins
South Carolina Law Review
No abstract provided.
Video Poker And The Lottery Clause: Where Common Law And Common Sense Collide, Michael William Eisenrauch
Video Poker And The Lottery Clause: Where Common Law And Common Sense Collide, Michael William Eisenrauch
South Carolina Law Review
No abstract provided.
At Least Treat Us Like Criminals: South Carolina Responds To Victims' Pleas For Equal Rights, Thad H. Westbrook
At Least Treat Us Like Criminals: South Carolina Responds To Victims' Pleas For Equal Rights, Thad H. Westbrook
South Carolina Law Review
No abstract provided.
Employees Beware: Employer Rights Under The South Carolina Trade Secrets Act, Kirk T. Bradley
Employees Beware: Employer Rights Under The South Carolina Trade Secrets Act, Kirk T. Bradley
South Carolina Law Review
No abstract provided.
The Public Trust Doctrine In South Carolina, Kenneth R. Moss
The Public Trust Doctrine In South Carolina, Kenneth R. Moss
Southeastern Environmental Law Journal
No abstract provided.
Recent Developments In Case Law
Recent Developments In Case Law
Southeastern Environmental Law Journal
No abstract provided.
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Journal Articles
Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …