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Environmental Law Commons™

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1993

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Institution
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Articles 211 - 240 of 296

Full-Text Articles in Environmental Law

Mexico's Accession To The Gatt: A Catalyst At Odds With The Outcome., John M. Vernon Jan 1993

Mexico's Accession To The Gatt: A Catalyst At Odds With The Outcome., John M. Vernon

St. Mary's Law Journal

The history behind Mexico’s accession to the General Agreement on Tariffs and Trade (GATT) sheds light on Mexico’s progression toward improved bilateral trade relations with the United States. Mexico embarked on its modernization and reform path with its accession to the GATT in 1987. The recent initialing of the North American Free Trade Agreement (NAFTA) by Canada, Mexico, and the United States is a symbolic event in the continued globalization of the world economy. The trilateral NAFTA is revolutionary because of Mexico’s participation. Part II of this article addresses Mexico’s progression toward accession to the GATT. Part III provides an …

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The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey Jan 1993

The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey

St. Mary's Law Journal

Agricultural trade has always been particularly susceptible to governmental intervention and imposition of protectionist barriers. This Article explores the evolution of agricultural trade regulation between the United States and Mexico culminating in the proposed North American Free Trade Agreement (NAFTA). First, the Article reviews the existing regulatory framework governing United States-Mexico agricultural trade. The Article then highlights major, proposed revisions to this regime under the NAFTA and offers perspectives on the effect of these revisions upon the United States’ agricultural industry sectors. This analysis includes a commodity reference guide, which highlights specific commodity trade sectors and the NAFTA treatment of …

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Customs Enforcement And The Nafta., Robert T. Givens, Rayburn Berry Jan 1993

Customs Enforcement And The Nafta., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Abstract Forthcoming.

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Amendments To The General Law Of Business Associations., Raul S. Moreyra Jan 1993

Amendments To The General Law Of Business Associations., Raul S. Moreyra

St. Mary's Law Journal

Abstract Forthcoming.

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The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular Jan 1993

The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular

St. Mary's Law Journal

The North American Free Trade Agreement (NAFTA) will create new opportunities for United States firms and workers while simultaneously protecting United States workers over a 15-year timeframe. The benefits of NAFTA include eliminating conditions that currently encourage or require United States firms to invest south of the border, establishing free trade in services, and eliminating non-tariff barriers which impede United States merchandise exports to Mexico. Furthermore, NAFTA would provide an improved and expanded regional trade and investment base resulting in a boost to the global competitiveness of US products. NAFTA would also increase trade liberalization with Mexico and maintain Mexico …

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Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald Jan 1993

Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald

St. Mary's Law Journal

Abstract Forthcoming.

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Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht Jan 1993

Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht

St. Mary's Law Journal

Abstract Forthcoming.

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Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock Jan 1993

Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock

St. Mary's Law Journal

Abstract Forthcoming.

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Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall Jan 1993

Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall

St. Mary's Law Journal

Applying and defining the accurate standard of review determines how likely an appeal will be successful. While the proper standard of review may be easy to identify, applying the standard of review to a case is often problematic. The standards define the interactions between trial and appellate courts by distributing the power of review throughout the judicial branch. The standards of review also limit a court’s authority to determine an error by a trial court, and whether the error warrants reversal. The standard sets the requirements of substantive law and provides a means for appellate judges to weigh arguments. This …

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Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks Jan 1993

Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks

St. Mary's Law Journal

Legislative amendments must go further than limiting race from being a primary factor in adoptions; amendments must eliminate race as an acceptable factor. Diverging opinions of “race matching” in foster care and adoption exist. Administrative policies regulating adoption hold that same-race placement, between the adoptive parent and child, is a primary consideration when awarding custody in Texas. Basing child placement on the race or ethnicity of the parties involved raises serious constitutional concerns. The best interest standard is the predominant method in determining child placement, for both custody and adoption proceedings. The premise of the best interest standard is prioritization …

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Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis Jan 1993

Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis

Seattle University Law Review

This Article begins with an overview of the GMA. It then proceeds with a summary of recent case law under the Takings Clause and substantive due process doctrine. After laying this groundwork, this Article focuses on four particular areas of growth management control and explores how local legislation implementing these areas of control would be analyzed under the Takings Clause and substantive due process. These four areas of land use regulation include: critical area protections, resource land designations, development phasing requirements for concurrency and urban growth areas, and impact fees for public facilities and services. This Article then concludes with …

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An Analysis Of The Phase-Out Provisions Of The Airport Noise And Capacity Act Of 1990, Vicky Tsilas Jan 1993

An Analysis Of The Phase-Out Provisions Of The Airport Noise And Capacity Act Of 1990, Vicky Tsilas

Fordham Environmental Law Review

No abstract provided.

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Examining The Nuisance Exception To The Takings Clause: Is There Life For Environmental Regulations After Lucas, Todd D. Brody Jan 1993

Examining The Nuisance Exception To The Takings Clause: Is There Life For Environmental Regulations After Lucas, Todd D. Brody

Fordham Environmental Law Review

No abstract provided.

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International Environmental Law: Contemporary Issues And The Emergence Of A New World Order, Edith Brown Weiss Jan 1993

International Environmental Law: Contemporary Issues And The Emergence Of A New World Order, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

In 1972 international environmental law was a fledgling field with less than three dozen multilateral agreements. Today international environmental law is arguably setting the pace for cooperation in the international community in the development of international law. There are nearly nine hundred international legal instruments that are either primarily directed to international environmental issues or contain important provisions on them. This proliferation of legal instruments is likely to continue. Therefore, it is important to assess what we have done and explore where we are headed.

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Groundwater Law In The Great Lakes States: A Lawyer's Catalog For The Benefit Of Water Planners, Robert H. Abrams Jan 1993

Groundwater Law In The Great Lakes States: A Lawyer's Catalog For The Benefit Of Water Planners, Robert H. Abrams

Journal Publications

Water rights are of single importance in the Great Lakes region. Of primary concern are the various laws that govern the allocation and use of water. Virtually every Great Lakes state has its own rich history of judicially resolved water disputes. These disputes have occasioned the generation of a common law of waters and water rights which are often supplemented by statutes. Not only is this true for surface waters, it is also true for groundwater. It is the groundwater resource that this article addresses.

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Proof Of Attorney's Fees In Texas., Scott A. Brister Jan 1993

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …

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Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey Jan 1993

Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey

St. Mary's Law Journal

In Hudson v. McMillian, the Supreme Court held that use of excessive physical force against an inmate may constitute cruel and unusual punishment even though the prisoner does not suffer any significant injury. The Eighth Amendment has evolved significantly since its adoption in 1791, becoming a complex line of authority which over time expanded the rights of criminals and convicts. Recent cases have attempted to mold the varying Eight Amendment standards into a more cohesive legal doctrine. These efforts were meant to clarify the doctrine of cruel and unusual punishments; however, the divergent interpretations of these decisions rendered Eighth Amendment …

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Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra Jan 1993

Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra

St. Mary's Law Journal

To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …

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Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil Jan 1993

Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil

St. Mary's Law Journal

This Comment describes the nature and scope of alcoholism and chemical dependency in the legal profession. It reviews the current state of the law regarding alcoholism as a mitigating factor in attorney discipline. Addictive illnesses manifest themselves in ways which leave afflicted attorneys unable to practice law in accordance with professional rules of conduct. The majority of attorney-discipline cases involve alcoholism or chemical dependency. An attorney whose illness remains untreated will likely become the subject of grievance-committee investigations. For disciplinary cases involving alcoholism, a suggested analysis includes establishing a nexus between illness and misconduct. Additionally, it includes a causal connection …

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Lawmaker As Lawbreaker: Enforcement Actions Against Municipalities For Failing To Comply With The Clean Water Act, G. Nelson Smith Iii Jan 1993

Lawmaker As Lawbreaker: Enforcement Actions Against Municipalities For Failing To Comply With The Clean Water Act, G. Nelson Smith Iii

Cleveland State Law Review

The Clean Water Act makes it unlawful for anyone, including municipalities, to discharge a pollutant into navigable waters except as authorized by specific sections of the Act. To implement this prohibition, as well as the exceptions, the Act established a complex system regulating all discharges into the navigable waters of the United States. Under the Act, the discharge of pollutants without a permit or in violation of a permit condition may result in civil penalties and/or a criminal penalty per day per violation. While these penalties could be extremely costly for municipalities, the problem becomes even more severe because many …

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Putting The Correct "Spin" On Lucas, Richard J. Lazarus Jan 1993

Putting The Correct "Spin" On Lucas, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.

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Pursuing "Environmental Justice": The Distributional Effects Of Environmental Protection, Richard J. Lazarus Jan 1993

Pursuing "Environmental Justice": The Distributional Effects Of Environmental Protection, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this Article is to explore the distributional side of environmental protection and, more particularly, to explain the significance of including environmental justice concerns into the fashioning of environmental protection policy. Unlike earlier legal commentary, hazardous waste facility siting is not this Article's dominant focus. It offers a broader, more systemic, examination of environmental protection laws and policies. The Article is divided into three parts. First, it describes the nature of the problem. This includes a discussion of the varied distributional implications of environmental protection laws, as well as the ways in which racial minorities could receive too …

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Country/Region Reports -- United States Of America, Linda A. Malone Jan 1993

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

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Foreword: The Challenge Of Rio, David H. Getches Jan 1993

Foreword: The Challenge Of Rio, David H. Getches

Colorado Environmental Law Journal

No abstract provided.

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Unced And Agenda 21: Chronicle Of A Negotiation, Rubens Ricupero Jan 1993

Unced And Agenda 21: Chronicle Of A Negotiation, Rubens Ricupero

Colorado Environmental Law Journal

No abstract provided.

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A Forum For Action On Global Warming: The Un Framework Convention On Climate Change, Elizabeth P. Barratt-Brown, Scott A. Hajost, John H. Sterne Jan 1993

A Forum For Action On Global Warming: The Un Framework Convention On Climate Change, Elizabeth P. Barratt-Brown, Scott A. Hajost, John H. Sterne

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 1993

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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An Earth Parliament For Indigenous Peoples: Investigating Alternative World Governance, Chris Wold Jan 1993

An Earth Parliament For Indigenous Peoples: Investigating Alternative World Governance, Chris Wold

Colorado Environmental Law Journal

No abstract provided.

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The Biodiversity Convention: Selected Issues Of Interest To The International Lawyer, Melinda Chandler Jan 1993

The Biodiversity Convention: Selected Issues Of Interest To The International Lawyer, Melinda Chandler

Colorado Environmental Law Journal

No abstract provided.

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The Center For International Environmental Law, Colorado Journal Of International Environmental Law And Policy Jan 1993

The Center For International Environmental Law, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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