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Articles 1 - 30 of 115
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Reckoning With Rapanos: Revisiting "Waters Of The United States" And The Limits Of Federal Wetland Regulation , Jonathan H. Adler
Reckoning With Rapanos: Revisiting "Waters Of The United States" And The Limits Of Federal Wetland Regulation , Jonathan H. Adler
Journal of Environmental and Sustainability Law
No abstract provided.
True Access To The Courts For Citizens Working To Protect Natural Resources: Incorporating Attorney's Fees Into The Minnesota Environmental Rights Act , Michael Wietecki
True Access To The Courts For Citizens Working To Protect Natural Resources: Incorporating Attorney's Fees Into The Minnesota Environmental Rights Act , Michael Wietecki
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Dispute Resolution: Combining Settlement Mechanisms For Transnational Enforcement Of International Environment Disputes , Victoria C. Dawson
Environmental Dispute Resolution: Combining Settlement Mechanisms For Transnational Enforcement Of International Environment Disputes , Victoria C. Dawson
Journal of Environmental and Sustainability Law
No abstract provided.
Making The Waters A Little Murkier: Broadening The Endangered Species Act At The Expense Of The Clean Water Act. Defenders Of Wildlife V. United States Environmental Protection Agency , Erik G. Holland
Journal of Environmental and Sustainability Law
No abstract provided.
The Strong Arm Of Cercla: Epa Allowed Free Reign To Recoup Cleanup Costs. United States V. W.R & Grace, Inc., Amy L. Ohnemus
The Strong Arm Of Cercla: Epa Allowed Free Reign To Recoup Cleanup Costs. United States V. W.R & Grace, Inc., Amy L. Ohnemus
Journal of Environmental and Sustainability Law
No abstract provided.
Federal Agency Action Subject To Section 7(A)(2) Of The Endangered Species Act , Steven G. Davison
Federal Agency Action Subject To Section 7(A)(2) Of The Endangered Species Act , Steven G. Davison
Journal of Environmental and Sustainability Law
No abstract provided.
The Relationship Between Standing And Intervention: The Tenth Circuit Answers By "Standing" Down. San Juan County V. United States, Eric S. Oelrich
The Relationship Between Standing And Intervention: The Tenth Circuit Answers By "Standing" Down. San Juan County V. United States, Eric S. Oelrich
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Future Of Bankruptcy: A Roundtable Discussion
Future Of Bankruptcy: A Roundtable Discussion
Missouri Law Review
Moderator: Michelle Arnopol Cecil, William H. Pittman Professor of Law, University of Missouri-Columbia School of Law Participants: Marianne Culhane, Professor of Law, Creighton University School of Law A. Mechele Dickerson, Associate Dean for Academic Affairs and Fulbright and Jaworski Professor of Law, University of Texas School of Law The Honorable William Edmonds, Chief United States Bankruptcy Judge, Northern District of Iowa Daniel L. Keating, Associate Dean for Academic Affairs and Tyrrell Williams Professor of Law, Washington University School of Law Katherine Porter, Associate Professor of Law, University of Iowa College of Law John Pottow, Assistant Professor of Law, University of …
Race Matters In Bankruptcy Reform, A. Mechele Dickerson
Race Matters In Bankruptcy Reform, A. Mechele Dickerson
Missouri Law Review
On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of ("BAPCPA") was signed into law and became fully effective for cases filed on or after October 17, 2005. 4 After considering bankruptcy reform for almost a decade, Congress ultimately concluded that some debtors were abusing bankruptcy laws by, among other things, discharging debts they had the means to pay. To curb this perceived abuse, Congress decided to radically overhaul the consumer provisions of the Code by generally making it harder for an opportunistic or "Abusive Debtor" to discharge his debts. Given the sweeping nature of these changes, …
Psychology And Bapcpa: Enhanced Disclosure And Emotion, Richard L. Wiener, Michael Holtje, Ryan J. Winter, Jason A. Cantone
Psychology And Bapcpa: Enhanced Disclosure And Emotion, Richard L. Wiener, Michael Holtje, Ryan J. Winter, Jason A. Cantone
Missouri Law Review
This article describes a program of research that applies social analytic jurisprudence to test some of the assumptions in consumer bankruptcy law and policy.4 Our work first seeks to describe selected provisions from the newly enacted bankruptcy amendments that pertain to enhanced disclosure requirements, and then to locate some of the behavioral assumptions implicit in these provisions. 5 Next, we assess the accuracy of these assumptions based on an experiment that we conducted looking at a simulated online shopping trip that we constructed specifically to test the effects of enhanced disclosure
Foreword, Michelle Arnopol Cecil
Foreword, Michelle Arnopol Cecil
Missouri Law Review
With the tumultuous period after the enactment of BAPCPA as our backdrop, hundreds of academics, practitioners, and judges gathered together for a two-day symposium to explore the positive and negative aspects of bankruptcy reform from a variety of interdisciplinary perspectives. This volume of the Missouri Law Review is devoted almost exclusively to that symposium. Not only does it include the ten participants' written scholarship that emerged from that extraordinary setting, during which we all benefitted tremendously from the input of others who had thought about, written about, and worked with the provisions of BAPCPA, but it also contains a fascinating …
Abuse Prevention 2005, James J. White
Abuse Prevention 2005, James J. White
Missouri Law Review
The 2005 amendments to the Bankruptcy Code (BAPCPA or Act) that became effective in October of 2005 had an unusually long and difficult gestation. The legislation was conceived and even passed by Congress once during the Clinton administration. After President Clinton's pocket veto, the Act did not again reach a President's desk until President George W. Bush signed the Act into law on April 20, 2005, during the first year of his second term. The Act was conceived by institutional unsecured consumer creditors as the antidote to the rapidly rising number of consumer bankruptcies that followed the enactment of the …
Authority With The Force Of Law: Statutory Interpretation As Policymaking In Gonzales V. Oregon, Alfred J. Ludwig
Authority With The Force Of Law: Statutory Interpretation As Policymaking In Gonzales V. Oregon, Alfred J. Ludwig
Missouri Law Review
The Oregon Death with Dignity Act was enacted in 1994 by the State of Oregon to allow physicians to aid terminally ill patients who wished to end their lives in a controlled manner. In 2001, Attorney General John Ashcroft issued an Interpretive Rule stating that prescribing a controlled substance for the purpose of physician-assisted suicide would not qualify as a requisite "legitimate medical purpose" under the federal Controlled Substances Act, and that any physician who prescribed a controlled substance for the purpose of ending a patient's life faced deregistration. In Gonzales v. Oregon, the Supreme Court of the United States …
Residential Privacy And Free Speech: Competing Interests In Charitable Solicitation Regulation, Marcus Wilbers
Residential Privacy And Free Speech: Competing Interests In Charitable Solicitation Regulation, Marcus Wilbers
Missouri Law Review
Although these two quotations represent society's mixed feelings toward charity, they also represent a distinction people often make between a charity's aims and its means. Charitable organizations have the potential to spread hope, re-allocate societal resources, and advocate societal values. How they go about accomplishing these noble goals, however, is sometimes the subject of public frustration and annoyance. This creates a tension between admiring the charity's philanthropy and becoming irritated with the means used to achieve it. Undoubtedly, one of the most unwelcome guests in any household is a telemarketer. In fact, 98% of 1.78 million respondents to a recent …
Bankruptcy Reform And The Costs Of Sickness: Exploring The Intersections, Melissa B. Jacoby
Bankruptcy Reform And The Costs Of Sickness: Exploring The Intersections, Melissa B. Jacoby
Missouri Law Review
Two important developments in the personal bankruptcy system unfolded over the course of the last several years: lawmakers considered and ultimately passed an omnibus bankruptcy bill, and researchers began to delve more broadly and deeply into medical-related financial distress among bankruptcy filers. Drawing on prior scholarship, this article contributes to this symposium by considering what, if anything, these developments have to do with one another. Part I briefly reviews two recent empirical studies of bankruptcy filers and the findings they produced. Although these findings may not have had discrete prescriptive implications for bankruptcy reform, they have contributed to a more …
Why The Bankruptcy Reform Act Left Labor Legacy Costs Alone, Daniel Keating
Why The Bankruptcy Reform Act Left Labor Legacy Costs Alone, Daniel Keating
Missouri Law Review
This paper proceeds in four parts. Part I describes the world of labor legacy costs and how they end up intersecting with bankruptcy. Part II discusses what approaches Congress or the courts have already used to address the labor/bankruptcy intersection. Part III explores what Congress might have considered in the bankruptcy reform bill if it had been motivated to take a serious look at labor legacy costs in bankruptcy. Part IV explains possible theories as to why Congress chose not to reform the labor/bankruptcy intersection and why that decision was frustrating but prudent.
Good In Theory, Bad In Practice: The Unintended Consequences Of Bapcpa's Credit Counseling Requirement, Katherine A. Jeter-Boldt
Good In Theory, Bad In Practice: The Unintended Consequences Of Bapcpa's Credit Counseling Requirement, Katherine A. Jeter-Boldt
Missouri Law Review
On April 20, 2005, after nearly a decade of lobbying by the credit industry, President Bush signed the Bankruptcy Abuse and Consumer Protection Act (BAPCPA). The publicly stated goal of BAPCPA was to make bankruptcy less desirable so that debtors would stop abusing the protections of the Bankruptcy Code. Although Congress was motivated by laudable intentions, it is clear that BAPCPA contains at least one good idea that does not work in practice - the credit counseling requirement. Under BAPCPA, a debtor must receive credit counseling before filing for bankruptcy. Not only did Congress fail to instruct judges on the …
Standing On Hallowed Ground: Should The Federal Judiciary Monitor Executive Violations Of The Establishment Clause, Bradley Thomas Wilders
Standing On Hallowed Ground: Should The Federal Judiciary Monitor Executive Violations Of The Establishment Clause, Bradley Thomas Wilders
Missouri Law Review
This Note argues that the Seventh Circuit reached the correct result. However, there is little logic in continuing to limit Establishment Clause adjudications to plaintiffs who can show injury-in-fact or, absent such injury, plaintiffs who can claim the allegedly unconstitutional act was an exercise of the Taxing and Spending Clause. Instead, because the Establishment Clause is a unique structural restraint which separates the government from organized religion4 and prohibits government support of religion that divides the political process along religious lines, this Note concludes that standing to sue for Establishment Clause violations should be extended to acts of any government …
Judicial Discretion To Find Abuse Under Section 707(B)(3), Eugene R. Wedoff
Judicial Discretion To Find Abuse Under Section 707(B)(3), Eugene R. Wedoff
Missouri Law Review
This article suggests the contrary - that if a section 707(b) motion properly raises the question, a bankruptcy judge has a duty to consider the actual financial situation of a debtor who is not subject to a means test presumption; that the judge should find abuse where the debtor can repay a sufficient amount of unsecured debt; and that the means test serves to guide, rather than foreclose, such determinations of abuse. Part I discusses the language of BAPCPA that requires this result, focusing on the nature of the means test as a presumption. Part II examines (and finds wanting) …
Bankruptcy Reform: What's Tax Got To Do With It, Michelle Arnopol Cecil
Bankruptcy Reform: What's Tax Got To Do With It, Michelle Arnopol Cecil
Missouri Law Review
On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), the most sweeping bankruptcy reform legislation passed by Congress in over a quarter of a century. The bill, which spanned over 600 pages, completelyoverhauled the consumer bankruptcy system and made significant changes to business bankruptcies as well. Yet despite Congress's massive effort to improve the current bankruptcy system in BAPCPA, it failed to address a number of important issues in the area of bankruptcy taxation, a critical but often overlooked area of bankruptcy law. One such issue involves the tax …
Potential And Peril Of Bapcpa For Empirical Research, The, Katherine Porter
Potential And Peril Of Bapcpa For Empirical Research, The, Katherine Porter
Missouri Law Review
This article surveys the history of bankruptcy data and identifies the BAPCPA provisions that bear directly on research. It concludes by examining how such studies will and should proceed. BAPCPA provides both opportunities and hazards to advance our understanding of bankruptcy. The development of comprehensive federal data offers the potential to dramatically increase the scope of knowledge about the bankruptcy system. The peril lies in the government conducting its research without the transparency and accountability necessary to convince private industry, academic scholars, and the general public of the integrity and usefulness of these data. Rather than eclipsing academic research, the …
Totality Of The Circumstances Of The Debtor's Financial Situation In Post-Means Test World: Trying To Bridge The Wedoff/Culhane & White Divide, The, John A. E. Pottow
Totality Of The Circumstances Of The Debtor's Financial Situation In Post-Means Test World: Trying To Bridge The Wedoff/Culhane & White Divide, The, John A. E. Pottow
Missouri Law Review
Bankruptcy Judge Eugene Wedoff and Creighton Law School professors Marianne Culhane and Michaela White engage in a spirited debate over a series of law review articles about the proper scope of motions to dismiss a debtor's petition under section 707(b) of the freshly revised Bankruptcy Code. It is an interesting and provocative dialogue, with both sides advancing their respective positions persuasively. As a result, I find myself in the unfortunate position of wanting to agree with both. Since that is impossible, however, this brief article is my attempt to find a middle ground between their two positions. It does so …
Crystals, Mud, Bapcpa, And The Structure Of Bankruptcy Decisionmaking, R. Wilson Freyermuth
Crystals, Mud, Bapcpa, And The Structure Of Bankruptcy Decisionmaking, R. Wilson Freyermuth
Missouri Law Review
As a real estate professor, I tend to focus on bankruptcy only as it intersects with mortgage law and Article 9 of the Uniform Commercial Code. Thus, I feel somewhat out of my element as a commenter in this symposium, and my observations may be suspect coming from a bankruptcy "outsider." But as an outside observer, it seems troublesome that bankruptcy's dispute resolution system - and particularly its multiple layers of appellate review - has always been so poorly designed to produce doctrinal clarity. And even if BAPCPA does resolve a number of specific legal issues that have bedeviled the …
Right To Rest In Peace: Missouri Prohibits Protesting At Funerals, The, Megan Dunn
Right To Rest In Peace: Missouri Prohibits Protesting At Funerals, The, Megan Dunn
Missouri Law Review
The Westboro Baptist Church, led by Fred Phelps and based in Topeka, Kansas, has received national attention since the early 1990s, when members of this vehemently anti-homosexual group began actively protesting events involving prominent homosexual people. Eventually, these protests grew to include people who were even marginally supportive of homosexuality. While these protests incited outrage among various groups of people, no widespread effort was made to limit the group's ability to protest at such events. In 2005, however, the group expanded its targets to include military funerals, maintaining that God was killing soldiers in Iraq because of His displeasure with …
New Judicial Hostility To Arbitration: Federal Preemption, Contract Unconscionability, And Agreements To Arbitrate, The, Steven J. Burton
New Judicial Hostility To Arbitration: Federal Preemption, Contract Unconscionability, And Agreements To Arbitrate, The, Steven J. Burton
Journal of Dispute Resolution
Part I of this Article sketches the basics of arbitration law and practice, and traces the development of the federal policy favoring arbitration, to establish a basis for evaluating contemporary judicial decisions. Part II examines the justification for the policy favoring arbitration and the reasons contracting parties may prefer arbitration. Part III evaluates the reasons courts give for finding arbitration agreements in employment and consumer contexts unconscionable, and therefore, unenforceable. The conclusion is that many courts make many clearly erroneous decisions, including decisions that are unconstitutional because they are preempted.
Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien
Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien
Journal of Dispute Resolution
The question addressed in this article is whether existing systems for processing religious land use claims are well-suited to the task. The conclusion is that they are not, and that local officials and others involved in religious land use disputes ought to consider employing mediation at an early stage. The main virtue of mediation in this context is the opportunity it provides for disputants to meet face-to-face in an effort to understand the views of others, even if they do not agree with them. Facilitated dialogues among persons with differing perspectives is precisely what is missing from the traditional systems …
Resolving Conflict Together: The Understanding-Based Model Of Mediation, Gary Friedman, Jack Himmelstein
Resolving Conflict Together: The Understanding-Based Model Of Mediation, Gary Friedman, Jack Himmelstein
Journal of Dispute Resolution
The following excerpt is from a book in progress-tentatively titled, Resolving Conflict Together: The Understanding-Based Model of Mediation-that is planned to be published in 2007 by the American Bar Association. In this book, we seek to set out the approach to mediation that we have been developing through our work with the Center for Mediation in Law (the Center). We have termed this approach the "Understanding-Based Model" of mediation. The book develops twelve mediation cases, in which Gary served as mediator and which, with commentary, serve to transmit our approach to mediation. Each case focuses on a different aspect of …