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Environmental Law Commons™

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1998

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Institution
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Articles 181 - 210 of 308

Full-Text Articles in Environmental Law

Pinning The Blame & Piercing The Veil In The Mists Of Metaphor: The Supreme Court’S New Standards For The Cercla Liability Of Parent Companies & A Proposal For Legislative Reform, Lucia A. Silecchia Jan 1998

Pinning The Blame & Piercing The Veil In The Mists Of Metaphor: The Supreme Court’S New Standards For The Cercla Liability Of Parent Companies & A Proposal For Legislative Reform, Lucia A. Silecchia

Scholarly Articles

This article tackles the complex question of the liability of parent corporation for the CERCLA misadventures of their subsidiaries. In 1998, the United States Supreme Court tried to resolve this complex question. In many respects, this decision was a significant step in the right direction, and the article begins by analyzing the Court’s opinion. However, the article then identifies three significant questions left open after Best foods. In light of these open questions, the article proposes a legislative proposal to further refine the parent-subsidiary allocation of liability to better serve CERCLA’s broad remedial goals and to clarify the expectations of …

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Letters To A Friend, John Muir Jan 1998

Letters To A Friend, John Muir

UC Law Environmental Journal

No abstract provided.

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Nuclear Sovereignty: Reservation Waste Disposal For The Twenty-First Century And Beyond, Mark Poole Jan 1998

Nuclear Sovereignty: Reservation Waste Disposal For The Twenty-First Century And Beyond, Mark Poole

UC Law Environmental Journal

No abstract provided.

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Something Told The Wild Geese, Rachel Field Jan 1998

Something Told The Wild Geese, Rachel Field

UC Law Environmental Journal

No abstract provided.

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From The Sensitive Plant, Percy Bysshe Shelly Jan 1998

From The Sensitive Plant, Percy Bysshe Shelly

UC Law Environmental Journal

No abstract provided.

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Stopping By Woods On A Snowy Evening, Robert Frost Jan 1998

Stopping By Woods On A Snowy Evening, Robert Frost

UC Law Environmental Journal

No abstract provided.

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The Tale Of A Tail, James F. Hogg Jan 1998

The Tale Of A Tail, James F. Hogg

Faculty Scholarship

The commercial general liability insurance industry shifted, in 1986, from the use of an “occurrence-based” to a “claims-made” policy form. So-called “tail” or “long tail” claims have continued nevertheless, to be asserted under the older “occurrence” policies which required that injury occur during the term of the policy, but not that the claim for such injury be made or brought at any particular time. In seeking state approval to use the new “claims-made” form in 1985-86, the insurance industry represented that the new form would not affect coverage under the old “occurrence” form. Despite that representation, insurers are now asserting, …

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Rising Seas, Coastal Erosion, And The Takings Clause: How To Save Wetlands And Beaches Without Hurting Property Owners, James G. Titus Jan 1998

Rising Seas, Coastal Erosion, And The Takings Clause: How To Save Wetlands And Beaches Without Hurting Property Owners, James G. Titus

Maryland Law Review

No abstract provided.

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Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell Jan 1998

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

Faculty Works

No abstract provided.

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Limiting Operator Liability For Parent Corporations Under Cercla: United States V. Cordova Chemical Co., Amy C. Stovall Jan 1998

Limiting Operator Liability For Parent Corporations Under Cercla: United States V. Cordova Chemical Co., Amy C. Stovall

Villanova Law Review (1956 - )

No abstract provided.

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Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil Jan 1998

Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil

Articles

The article examines the concept of "public interest" as a justification for government actions, arguing that while the term has historically been a cornerstone of administrative law, its meaning has become increasingly ambiguous and subjective over time. The author traces the evolution of the public interest standard, from its origins in the New Deal era to its current use, and questions whether it can still serve as an objective standard for evaluating government behavior. The analysis highlights the tension between the public interest as a justification for government action and its susceptibility to political and bureaucratic influence.

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A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson Jan 1998

A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson

St. Mary's Law Journal

Abstract Forthcoming.

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Toward Permissive Appeal In Texas., Renee Forinash Mcelhaney Jan 1998

Toward Permissive Appeal In Texas., Renee Forinash Mcelhaney

St. Mary's Law Journal

A comparison of April Marketing & Distributing Corp. v. Diamond Shamrock Refining & Marketing Co. (“April Marketing”), which pended in federal court, and Barshop v. Medina County Underground Water Conservation District (“Barshop”), which pended in state court, illustrates the value of permissive appeal. Both cases had many early procedural similarities. Yet, the cases differ because the federal court allowed for a permissive appeal; the state court did not. The two cases later diverged procedurally, when the federal case was able to appeal the trial court’s interlocutory order denying motion for summary judgment. Lacking this option, the state case was forced …

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The Role Of Variances In Determing Ripeness In Takings Claims Under Zoning Ordinances And Subdivision Regulations Of Texas Municipalities., John Mixon, Justin Waggoner Jan 1998

The Role Of Variances In Determing Ripeness In Takings Claims Under Zoning Ordinances And Subdivision Regulations Of Texas Municipalities., John Mixon, Justin Waggoner

St. Mary's Law Journal

Texas zoning law follows the national standards in creating boards of adjustment. Unlike most states, Texas does not allow its boards of adjustment to grant so-called “use” variances. A variance is essentially a legal waiver from compliance with certain land-use regulations which is granted to a landowner by a government entity in certain limited cases. There are two general types of variances: the area variance and the use variance. Use variance permits the property in question to be used in a manner totally different than that allowed by the ordinance. Whereas the area variance only modifies or relaxes the degree …

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Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard Jan 1998

Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard

St. Mary's Law Journal

This Comment evaluates tax classification of computer software in Texas under recent statutory provisions and case law. The author focuses on whether computer software constitutes tangible or intangible property and whether computer software should be taxable or not. Determining property classification is not easy—the term “computer software” is difficult to define, and the multitude of different types of computer software further obscures the formation of a uniform definition. The Texas legislature’s ability to tax both tangible and intangible property makes classifying computer software as either type unnecessary. Texas can resolve the conflict in its tax classification system, wherein computer software …

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Will Religious Teachings And International Law End Capital Punishment Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert F. Drinan Jan 1998

Will Religious Teachings And International Law End Capital Punishment Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert F. Drinan

St. Mary's Law Journal

Abstract Forthcoming.

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Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh Jan 1998

Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh

St. Mary's Law Journal

When the State of Texas seeks the death penalty against a defendant, the trial court conducts a sentencing proceeding under Article 37.071 of the Texas Code of Criminal Procedure. This proceeding determines whether the defendant will receive the death penalty. During deliberation, the jury must consider all mitigating evidence. The defendant may claim his voluntary intoxication as a mitigating factor. Under Tex. Pen. Code § 8.04(b), the court instructs the jury to consider evidence of voluntary intoxication only if it rendered the defendant temporarily insane. Although Article 37.071 calls upon juries to consider “all” mitigating evidence, a Section 8.04 instruction …

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The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy Jan 1998

The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy

St. Mary's Law Journal

Attorneys tend to be viewed antithetically, at once both greedy and manipulative, but also respected and admired. Given this odd mixture of respect and disdain, attorneys are fortunate to have generally avoided being targets as potential defendants. Nevertheless, circumstances in Texas have changed, creating a new legal climate wherein attorneys may soon become defendants of choice. Attorneys in Texas are at a significantly greater risk of becoming the subject of a malpractice suit than they were in the past. Yet, simply because statistics indicate an increase in the number of malpractice claims, this does not mean more malpractice is being …

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The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg Jan 1998

The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg

St. Mary's Law Journal

The Remote Electronically Activated Control Technology (REACT) belt infringes upon criminal defendants’ and prisoners’ fundamental rights; therefore, it cannot withstand judicial scrutiny under the United States and Texas Constitutions. This Comment attempts to address and answer issues regarding the REACT belt. The belt constitutes cruel and unusual punishment with the potential to deprive prisoners of their due process rights. The belt disrupts attorney-client communication and destroys a criminal defendant’s presumption of innocence. Furthermore, other alternatives provide effective means to prevent unruly prisoners from destroying the integrity of the courts. Part II of this Comment discusses how the belt works, and …

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Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation Jan 1998

Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation

Richmond Public Interest Law Review

Federal law requires all states to periodically report to the Environmental Protection Agency (EPA) on the water quality of their rivers, lakes and streams and provide EPA with a listing of polluted waters. Virginia has recently prepared two reports for 1996 and boasts that only 5 percent of the Commonwealth's rivers are polluted. Under closer inspection, this information is found to be extremely misleading due to a number of serious gaps and flaws within Virginia's water quality monitoring program and its methods of data reporting and evaluation. When Virginia states that only 5 percent of the waters it monitors fail …

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Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia Jan 1998

Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia

Michigan Journal of International Law

This article examines existing structures and mechanisms for the enforcement of international environmental laws, particularly international laws that must confront violations on the high seas in order to protect marine organisms. Although the tenor of the present analysis is general, many of the most influential international marine agreements to date are highlighted, including the Third United Nations Conference on the Law of the Sea, the Convention on Future Multilateral Co-Operation in the Northwest Atlantic Fisheries, and the United Nations Agreement on the Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stock.

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It's A Lorax Kind Of Market - But Is It A Sneetches Kind Of Solution: A Critical Review Of Current Laissez-Faire Environmental Marketing Regulation, Kimberly C. Cavanagh Jan 1998

It's A Lorax Kind Of Market - But Is It A Sneetches Kind Of Solution: A Critical Review Of Current Laissez-Faire Environmental Marketing Regulation, Kimberly C. Cavanagh

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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The World Trade Organization Appellate Body - United States V. Venezuela: Interpreting The Preamble Of Article Xx - Are Possibilities For Environmental Protection Under Article Xx(G) Of Gatt Disappearing, Hans J. Crosby Jan 1998

The World Trade Organization Appellate Body - United States V. Venezuela: Interpreting The Preamble Of Article Xx - Are Possibilities For Environmental Protection Under Article Xx(G) Of Gatt Disappearing, Hans J. Crosby

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Public Wrongs, Private Rights: Private Attorneys General For Civil Rights, Gilbert Paul Carrasco Jan 1998

Public Wrongs, Private Rights: Private Attorneys General For Civil Rights, Gilbert Paul Carrasco

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Just A Little Longer Mrs. Suitum, Your Case Is Just About Ripe For Review: Suitum V. Tahoe Regional Planning Agency, Kevin J. Cross Jan 1998

Just A Little Longer Mrs. Suitum, Your Case Is Just About Ripe For Review: Suitum V. Tahoe Regional Planning Agency, Kevin J. Cross

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Rumpke Of Indiana, Inc. V. Cummins Engine Co.: The Potentially Responsible Party's Right To Full Cost Recovery Is Expanded, Christine D. Mcguire Jan 1998

Rumpke Of Indiana, Inc. V. Cummins Engine Co.: The Potentially Responsible Party's Right To Full Cost Recovery Is Expanded, Christine D. Mcguire

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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In This Corner, We Have The Bankruptcy Code's Discharge Provisions And In This Corner, Cercla, A Strict Liability Statue: In Re Reading Company, Jennifer A. Pasquarella Jan 1998

In This Corner, We Have The Bankruptcy Code's Discharge Provisions And In This Corner, Cercla, A Strict Liability Statue: In Re Reading Company, Jennifer A. Pasquarella

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Justice From The Ground Up: Distributive Inequities, Grassroots Resistance, And The Transformative Politics Of The Environmental Justice Movement, Sheila R. Foster Jan 1998

Justice From The Ground Up: Distributive Inequities, Grassroots Resistance, And The Transformative Politics Of The Environmental Justice Movement, Sheila R. Foster

Faculty Scholarship

In this Article, Professor Foster examines the environmental justice movement from the "ground up"-from the perspective of the predominantly poor, African-American residents of Chester, Pennsylvania who attempted to stop the clustering of waste facilities in their community. From this perspective, Professor Foster evaluates the manner in which the phenomenon of environmental injustice is framed, the efficacy of reforms in environmental decision-making processes, and the strategies and possibilities of grass roots efforts in achieving environmental justice. She argues that the distributive paradigm that often frames discussions of environmental injustice obscures the mechanisms and processes underlying inequitable outcomes, thwarting a full understanding …

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Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson Jan 1998

Methods For Teaching Environmental Law: Some Thoughts On Providing Access To The Environmental Law System, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This article surveys methods that could improve the effectiveness of environmental legal education. I propose that approaches to teaching environmental law be viewed in two ways; first, as a substantive course in which students gain access to a complex system of law, and second, as a substantive base for teaching students skills of legal process. Within both possibilities, I focus on the value of teaching students to understand the environmental law system. Instructors can introduce students to the environmental law system by looking at a few of the major environmental statutes in relative depth, or as they apply to specific …

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Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate Jan 1998

Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

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