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Articles 1051 - 1080 of 1969

Full-Text Articles in Environmental Law

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


May 2006, W. Van Winklin, Cao, Overview Of Retrospective Analysis Of Cao Effectiveness, Powerpoint, Warren Van Wicklin, Cao May 2006

May 2006, W. Van Winklin, Cao, Overview Of Retrospective Analysis Of Cao Effectiveness, Powerpoint, Warren Van Wicklin, Cao

CAO General 1999-Present

No abstract provided.


May 3, 2006, Forest Peoples Program, Preliminary Assessment Of Ifc's New Safeguard Framework, Forest People Program May 2006

May 3, 2006, Forest Peoples Program, Preliminary Assessment Of Ifc's New Safeguard Framework, Forest People Program

IFC E&S Performance Standards

No abstract provided.


Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp May 2006

Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp

ExpressO

By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s action is …


Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp May 2006

Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp

ExpressO

Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …


May, 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda, Cao May 2006

May, 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda, Cao

CAO General 1999-Present

No abstract provided.


May 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda(Annotated), Cao May 2006

May 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda(Annotated), Cao

CAO General 1999-Present

No abstract provided.


Book Review- Turning The Tide: Saving The Chesapeake Bay, Carl W. Tobias May 2006

Book Review- Turning The Tide: Saving The Chesapeake Bay, Carl W. Tobias

University of Richmond Law Review

Nearly a quarter century ago, the states of the Chesapeake Bay region entered a compact by which they meant to improve the declining environmental quality of this national treasure. Concerned about the Bay's accelerating degradation, these jurisdictions hoped that the agreement would enhance the situation or at least stop the deterioration. Ten years after that accord's consummation, Tom Horton evaluated whether progress had been achieved in improving the Bay's environmental health. The writer determined that the answer was inconclusive. When a second decade had passed since the compact's adoption, Horton decided that he would conduct another examination to determine what …


April 30, 2006 Ifc, Sustainability Policy, E&S Performance Standards, And Information Disclosure Policy, Ifc Apr 2006

April 30, 2006 Ifc, Sustainability Policy, E&S Performance Standards, And Information Disclosure Policy, Ifc

IFC E&S Performance Standards

No abstract provided.


April 30, 2006, Ifc, Draft, Consultation And Broad Community Support, Review Procedures, Ifc Apr 2006

April 30, 2006, Ifc, Draft, Consultation And Broad Community Support, Review Procedures, Ifc

CAO General 1999-Present

No abstract provided.


April 30, 2006, Consultation Advisory No. 14, New Ifc Sustainability Perf. Standards Now In Force, Lucie Giraud Apr 2006

April 30, 2006, Consultation Advisory No. 14, New Ifc Sustainability Perf. Standards Now In Force, Lucie Giraud

IFC E&S Performance Standards

No abstract provided.


April 30, 2006, Ifc, Guidance Notes For New E&S Performane Standards, Ifc Apr 2006

April 30, 2006, Ifc, Guidance Notes For New E&S Performane Standards, Ifc

IFC E&S Performance Standards

No abstract provided.


April 21, 2006, W. Van Winklin, Cao, Summaries Of Cao Effectiveness In Cases, Cao Apr 2006

April 21, 2006, W. Van Winklin, Cao, Summaries Of Cao Effectiveness In Cases, Cao

CAO General 1999-Present

No abstract provided.


Mar. 29, 2006, Int'l Acc. Project, Analysis Of Ifc Perf. Standard 5, Ifc Mar 2006

Mar. 29, 2006, Int'l Acc. Project, Analysis Of Ifc Perf. Standard 5, Ifc

IFC E&S Performance Standards

No abstract provided.


Mar. 15, 2006, D. Hunter, Memo To A. Durbin & S. Herz Re Analysis Of Ifc Perf. Standards Against Old Safeguards, David Hunter, Andrea Durbin, Steve Herz Mar 2006

Mar. 15, 2006, D. Hunter, Memo To A. Durbin & S. Herz Re Analysis Of Ifc Perf. Standards Against Old Safeguards, David Hunter, Andrea Durbin, Steve Herz

IFC E&S Performance Standards

No abstract provided.


Mar. 6, 2006, Consultation Advisory 13, Final Version Of E&S Safeguards Available On Wb Website, Lucie Giraud Mar 2006

Mar. 6, 2006, Consultation Advisory 13, Final Version Of E&S Safeguards Available On Wb Website, Lucie Giraud

IFC E&S Performance Standards

No abstract provided.


Symposium On Terrorism, Globalization And The Rule Of Law: An Introduction, Stephen G. Breyer Mar 2006

Symposium On Terrorism, Globalization And The Rule Of Law: An Introduction, Stephen G. Breyer

Cardozo Law Review

No abstract provided.


Feb. 3, 2006, Ifc, Working Draft E&S Review Procedures, V.05, Ifc Feb 2006

Feb. 3, 2006, Ifc, Working Draft E&S Review Procedures, V.05, Ifc

IFC E&S Performance Standards

No abstract provided.


Feb. 2006, M. Warner, Odi, Opinions, New Benchmark For E&S Performance, Michael Warner Feb 2006

Feb. 2006, M. Warner, Odi, Opinions, New Benchmark For E&S Performance, Michael Warner

IFC E&S Performance Standards

No abstract provided.


The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson Feb 2006

The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson

Cardozo Law Review

This Article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional law. The legal corpus of Deuteronomy provides a utopian model for the organization of the state, one that enshrines separation of powers and their systematic subordination to a public legal text - the "Torah" - that delineates their jurisdiction while also ensuring their autonomy. This legislation establishes an independent judiciary while bringing even the monarch under the full authority of the law. Deuteronomy's implicit model for a political constitution is unprecedented in legal history. Two of its cornerstones are fundamental to the modern idea …


Six Thinking Hats For The Lorax: Corporate Responsibility And The Environment, Robert F. Blomquist Jan 2006

Six Thinking Hats For The Lorax: Corporate Responsibility And The Environment, Robert F. Blomquist

Law Faculty Publications

No abstract provided.


2006 (Undated), Cao, Report Back On What Stakeholders Told Us, Cao Jan 2006

2006 (Undated), Cao, Report Back On What Stakeholders Told Us, Cao

CAO General 1999-Present

No abstract provided.


Sandbagging Closed Texas Courtrooms With Senate Bill 15: The Texas Legislature's Attempt To Control Frivolous Silicosis Claims Without Restricting The Constitutional Rights Of Silicosis Sufferers., John G. George Jan 2006

Sandbagging Closed Texas Courtrooms With Senate Bill 15: The Texas Legislature's Attempt To Control Frivolous Silicosis Claims Without Restricting The Constitutional Rights Of Silicosis Sufferers., John G. George

St. Mary's Law Journal

In the 1980s, Texas became a focal point for silicosis litigation. Statutes enacted to limit the liability of employers were not broad enough to limit the liability of silica sand suppliers. The increased number of claims are restricting the ability to receive compensation for those who truly deserve it. While the number of deaths has dropped dramatically, the number of claims has increased. Recently enacted Senate Bill 15 (S.B. 15) is the Texas Legislature’s answer to problems created by the large amount of frivolous silica-related claims. The goal of S.B. 15 is to protect the rights of those with silica …


Appellate Standards Of Conduct As Adopted In Texas The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Catherine Stone Jan 2006

Appellate Standards Of Conduct As Adopted In Texas The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Catherine Stone

St. Mary's Law Journal

It was not until 1987 that the State Bar of Texas created an Appellate Practice & Advocacy Section. As lawyers began concentrating on appellate law as a specialty, other practitioners began to realize that appellate practice requires a unique skill set. As recognition of this skill set grew, litigators began hiring these specialized lawyers to assist in preserving error at the trial level. Over the years, the need for a more professional approach to the practice of appellate law persisted until the “Standards of Appellate Conduct” (the Standards) was jointly adopted by the Texas Supreme Court and Texas Court of …


Hurricane Katrina: The Duties And Responsibilities Of An Attorney In The Wake Of A Natural Disaster The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Brenna G. Nava Jan 2006

Hurricane Katrina: The Duties And Responsibilities Of An Attorney In The Wake Of A Natural Disaster The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Brenna G. Nava

St. Mary's Law Journal

Hurricane Katrina ravaged the legal system as well as the corporate world by leaving courtrooms and law firms filled with water. In the storm’s aftermath the luckiest law firms were those large enough to have offices in cities other than those directly affected by the hurricane. Many recent disasters have heavily affected the legal system, including flooded basements, office fires, hard drive crashes, terrorist attacks, tornados or earthquakes. And each new disaster brings different consequences. Those who create disaster plans are better equipped to handle and recover from each new series of setbacks. While various firms and courts made plans …


2006 (Undated), Cao, Draft Retrospective Review Of Cao Effectiveness, Cao Jan 2006

2006 (Undated), Cao, Draft Retrospective Review Of Cao Effectiveness, Cao

CAO General 1999-Present

No abstract provided.


Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Gerald S. Reamey Jan 2006

Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Gerald S. Reamey

St. Mary's Law Journal

Abstract Forthcoming.


Crimes Against Nature, Robert F. Kennedy, Jr. Jan 2006

Crimes Against Nature, Robert F. Kennedy, Jr.

Elisabeth Haub School of Law Faculty Publications

It is a pleasure for me to be here at St. Thomas and to see so many great legal heroes ensconced in this university, including the president and so many others. As I was signing some copies of my book Crimes Against Nature, it occurred to me that the word “environment” does not appear in the book. I thought I would talk about that today. To me, the environment is the most critical battle because it is the most critical issue in our democracy. Democracy, really all government, is about how we distribute the goods of the land. The best …


Exploring Disqualification Of Counsel In Texas: A Balancing Of Competing Interests The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Rebecca Simmons, Manuel C. Maltos Jan 2006

Exploring Disqualification Of Counsel In Texas: A Balancing Of Competing Interests The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Rebecca Simmons, Manuel C. Maltos

St. Mary's Law Journal

Uncertainty over conduct which results in disqualification can be costly and the laws relating to disqualification may be widely known but their application is difficult. Rigid application of irrebuttable presumptions and imputation of knowledge may result in disqualification of a client’s chosen counsel. Even if an attorney succeeds in opposing a motion to disqualify, the resulting costs and delay may damage the attorney-client relationship more than if the attorney had simply declined the representation. Motions to disqualify usually arise from conflicts of interest involving former clients. The law of disqualification, in this instance, is well developed and largely based on …


Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Dayla S. Pepi, Donna D. Bloom Jan 2006

Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Dayla S. Pepi, Donna D. Bloom

St. Mary's Law Journal

The American Bar Association strongly discourages lawyers from being bondsmen due to the conflicts that can arise when a criminal defense attorney acts as their client's bail bondsman. These same ethical dilemmas can also be encountered in posting a bond for a client in civil matters such as probate, family law, and appeals. In Texas, lawyers are exempt from the requirements of licensure as a bondsmen, including the requirement to maintain a particular level of security to underwrite the bonds. Nonetheless, lawyers are still required to conform to the requirements regulating the practice of bondsmen. It is not enough for …