Law Commons^™

Citizen Suits And The Clean Water Act: Has Article Iii Become A Permanent Roadblock To Private Enforcement? Natural Resources Defense Council V. Southwest Marine, Inc. , Brett A. Williams

Journal of Environmental and Sustainability Law

No abstract provided.

Right-To-Farm Statute Runs A 'Foul' With The Fifth Amendment's Taking Clause. Bormann V. Board Of Supervisors In And For Kossuth County, William C. Robinson

Journal of Environmental and Sustainability Law

No abstract provided.

Missouri's Single-Subject Rule: A Legal Tool To Block Environmental Legislation? National Solid Waste Ass'n, Et Al. V. Director Of The Department Of Natural Resources, Harold Stearley

Journal of Environmental and Sustainability Law

No abstract provided.

Analisis De La Convencion De Las Naciones Unidas: Sobre Los Contratos De Compraventa Internacional De Mercaderias Y Su Trascendencia Para America Latina, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.

If Deliberative Democracy Is The Solution, What Is The Problem?, Emily Hauptmann

Center for the Study of Ethics in Society Papers

Presented March 18, 1999 for the Center for the Study of Ethics in Society.

Broadly Speaking - November, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Engineering Aspects Of The Implied Covenant To Protect Against Drainage, Henry C. Coutret

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons

Scholarly Works

No abstract provided.

Privacy And Democracy In Cyberspace, Paul M. Schwartz

Vanderbilt Law Review

In this Article, Professor Schwartz depicts the widespread, silent collection of personal information in cyberspace. At present, it is impossible to know the fate of the personal data that one generates online. Professor Schwartz argues that this state of affairs degrades the health of a deliberative democracy; it cloaks in dark uncertainty the transmutation of Internet activity into personal information that will follow one into other areas and discourage civic participation. This situation also will have a negative impact on individual self- determination by deterring individuals from engaging in the necessary thinking out loud and deliberation with others upon which …

Monitoring Governmental Disposition Of Assets: Fashioning Regulatory Substitutes For Market Controls, Harold J. Krent, Nicholas S. Zeppos

Vanderbilt Law Review

Each year, the government sells and leases public assets worth billions of dollars. FCC auctions to allocate rights to electromagnetic spectrum generated over twenty billion dollars within a three-year period, and proceeds from mineral leases, timber sales, and disposition of real estate from defaulting thrifts have surpassed several billion dollars annually.

From the taxpayer's perspective, however, government sales and leases have been deplorable. The government has donated valuable resources to preferred claimants, allocated scarce broadcast and oil rights resources by lottery, and sold both public land and mineral rights to private parties at a fraction of the market price. Although …

Ndls Update 11/1999, Notre Dame Law School

NDLS Update

No abstract provided.

The Public Stake In Biomedical Research: A Policy Perspective, Karen Matherlee

National Health Policy Forum

An introduction to a Forum series on biomedical research policy issues, this paper provides background on the organization and structure of both public and private research entities. It outlines the federal components, from the National Institutes of Health (NIH) to the Department of Veterans Affairs. It also looks at the rapid growth in pharmaceutical, biotechnology, and medical device research and development and the varying responses from managed care plans, practice-based research networks, and contract research organizations. After laying out various tensions in the field, such as competition among disease-oriented advocates, alignment of different priorities, allocation of dollars between basic and …

Expatriation In The United States: Precept And Practice Today And Yesterday, Alan G. James

San Diego Law Review

In this Article, Mr. James traces the historical roots of expatriation to its current application in present-day law, regulations and procedures. Using as a reference point both the expatriation of the American novelist Henry James and the United States Supreme Court's 1990 decision in Vance v. Terrazas, the author highlights the major facets of expatriation. Specifically, the author focuses on processing and documentation of loss of nationality cases, development of the role of the Department of State in expatriation, the constituent elements of a determination of loss of nationality, and administrative and judicial review of holdings of loss of citizenship …

Illinois V. Perkins, Marty Jaquez

San Diego Law Review

In Illinois v. Perkins, the United States Supreme Court held that an undercover police officer need not give Miranda warnings before questioning an incarcerated suspect. In doing so, the Court found that the interests protected by Miranda are not implicated when a suspect does not know the identity of his interrogator. This Note analyzes the Court's reasoning in light of the concerns that motivated the Miranda Court. The analysis reveals that the Perkins reflects the Court's propensity to undermine the Miranda. Unlike other Supreme Court cases creating exceptions to Miranda, Perkins permits deliberate police deception in obtaining an unwarned confession …

Study Of Subrogation Mostly In Letter Of Credit And Other Abstract Obligation Transactions, A, John F. Dolan

Missouri Law Review

While efficiency analysis would leave the loss on the erring bank, the revised version of Article 5 of the Uniform Commercial Code ("Revised Article 5") includes a provision granting subrogation to letter of credit issuers as if they were sureties.2 Some commentators view this statutory provision as a surefire source of subrogation for the banks. This Article mounts an argument to the contrary. Because subrogation is an equitable remedy resting on an unjust enrichment standard,3 this Article contends that bank issuers must make an unjust enrichment case before they can avail themselves of the subrogation remedy, even under Revised Article …

Health Insurer's Use Of Genetic Information: A Missouri Perspective On A Changing Regulatory Landscape , Robert H. Jerry Ii

Missouri Law Review

At the dawn of the new millennium, the mysteries of the human genome' are being revealed: A working draft of ninety percent of the human genome sequence is expected to be completed by mid-2000, five years ahead of schedule.2 Few endeavors in human history have promised so much while causing so much concern.

Attorneys Beware: Obtaining Credit Reports On Opposing Party May Lead To Punitive Damages, Matthew S. Criscimagna

Missouri Law Review

Knowledge is power, and a credit report is a great way to obtain knowledge. An attorney could gain useful information from a credit report when preparing for litigation, especially in determining who to sue or whether to sue. However, under the Fair Credit Reporting Act ("ECRA" or "Act"), an attorney may face punitive damages if he or she uses a credit report in a manner that is not authorized by the FCRA. This is exactly what happened to an Arkansas attorney who, while aggressively representing her clients, obtained credit reports on the opposing party. She could have avoided the imposed …

Common Law Misappropriation In The Digital Era, Dale P. Olson

Missouri Law Review

Information is often valuable and when publicly disclosed may be difficult to protect or control.' Such information, whether in the form of data or a product configuration, unless it can be exploited while keeping it secret,2 is accordingly susceptible to copying by competitors absent legal protection. The law, however, has not provided a framework that supplements the armamentarium of federal intellectual property law3 because the protection authorized by federal constitutional limits also thrust works into the public domain. The evolving technological developments which permit the effectively instantaneous transmission of information, as well as the inexpensive copying of trade values in …

Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey

Missouri Law Review

A recent agreement between the Environmental Protection Agency and the National Pork Producers Council puts into place a voluntary inspection program that may lead to reduced fines for pork producers who report and correct Clean Water Act violations This agreement represents the first of its kind between an agriculture group and the Environmental Protection Agency.2 This Article explores the background that led to the agreement. The evolution from small family farming to large corporate livestock production, along with the environmental concerns such evolution has produced, is traced. The next section lays out some of the federal and state statutory and …

Premises Liability: The Disappearance Of The Open And Obvious Doctrine, Ann K. Dittmeier

Missouri Law Review

In the past, landowners were sovereign over their land, and they were immune from liability for accidents that occurred on their land.2 One doctrine that reflects this limited liability is the open and obvious rule, which states that landowners have no duty of care to protect someone on their premises from an open and obvious condition The traditional rule has recently been modified in many jurisdictions to disallow a landowner from asserting an open and obvious condition as a complete defense.4 The modified version holds occupiers liable if they reasonably could have anticipated that the invitee would encounter the danger …

Assessing The Best Interests Of The Child: Missouri Declares That A Homosexual Parent Is Not Ipso Facto Unfit For Custody, Heidi C. Doerhoff

Missouri Law Review

In formal child custody disputes, the voices of those at the center of the controversy, the children, are rarely heard.Their parents, who otherwise are presumed to act in their best interests, battle one another in legal proceedings that reward the parent who more persuasively portrays the deficiencies of the other's parenting skills. Because the children, especially the very young, have no adequate basis for making judgments about their long-term well-being, the state acts asparenspatriae while their parents are adversaries.Through its laws and decision makers, the state attempts to ensure that the final custody arrangement is guided by the best interests …

Missouri's Mystifying Doctrine Of Sovereign Immunity: The Imposition Of Duty Under The Dangerous Condition Exception, Stacy L. Nagel

Missouri Law Review

In Missouri, the doctrine of sovereign immunity has been plagued with confusion. Much of this confusion has resulted from wrangling between the Missouri Supreme Court and the legislature. Statutes offering little guidance have been developed, and hard to reconcile cases have been produced. Perhaps nowhere is this confusion more evident than in the area of tort liability under the "dangerous condition" exception to sovereign immunity. Martin v. Missouri Highway & Transportation Department is a prime example of the bewilderment bred by Missouri's statute of sovereign immunity and particularly the "dangerous condition" exception. The Martin court discusses the conditions under which …

Successive Torts Resulting In A Single, Indivisible Injury: Plaintiffs, Prepare To Prove The Impossible, Michael J. Kleffner

Missouri Law Review

In most lawsuits, plaintiffs' medical experts can accurately allocate plaintiffs' injuries to a specific, causal factor. In some instances, however, two events may combine to cause an injury that is incapable of rational apportionment, even by the most learned medical expert. In such a case, the indivisible injury doctrine may relieve a plaintiff of the difficult burden of proving which tortfeasor caused her injuries. The indivisible injury doctrine, however, does not benefit all plaintiffs who have suffered an injury that cannot be apportioned. As illustrated by the instant case, certain plaintiffs must prove the impossible, namely, which tortfeasor caused their …

Racism In White Decision, Sean O'Brien

Faculty Works

No abstract provided.

Table Of Contents--Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Implementing Cost-Benefit Analysis When Preferences Are Distorted, Eric A. Posner, Matthew D. Adler

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Orwell Versus Huxley: Economics, Technology, Privacy, And Satire, Richard A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Orwell's novel Nineteen Eighty-Four and Huxley's novel Brave New World have often been thought prophetic commentaries on economic, political, and social matters. I argue, with particular reference to the supposed applicability of these novels to issues of technology and privacy, that the novels are best understood as literary works of art, rather than as social science or commentary, and that when so viewed Orwell's novel in particular reflects a dissatisfaction with everyday life and a nostalgia for Romantic values.

Investigation Versus Prosecution: The Constitutional Limits On Congress's Power To Immunize Witnesses, Howard R. Sklamberg

North Carolina Law Review

No abstract provided.

High-Speed Chase On The Information Superhighway: The Evolution Of Criminal Liability For Internet Piracy, Shahram A. Shayesteh

Loyola of Los Angeles Law Review

No abstract provided.