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Environmental Law Commons™

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2002

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Articles 271 - 300 of 350

Full-Text Articles in Environmental Law

Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus Jan 2002

Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In my Garrison Lecture three years ago, I surveyed the environmental law decisions of the Supreme Court between 1970 and 1999. I commented on which Justices had been more or less influential in shaping the Court's decisions and, even more provocatively (if not foolishly), sought to "score" the individual Justices on their responsiveness to environmental protection concerns based on their votes cast in a subset of those cases. The broader thesis of the lecture, however, was that there is something distinctively "environmental" about environmental law and that the Court's increasing inability to appreciate that dimension was leading to more poorly-reasoned …

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Table Of Contents Jan 2002

Table Of Contents

Public Interest Law Reporter

No abstract provided.

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Farmworkers As An Environmental Justice Issue: Similarities And Differences, Eileen Gauna Jan 2002

Farmworkers As An Environmental Justice Issue: Similarities And Differences, Eileen Gauna

Faculty Scholarship

This paper endeavors to situate farmworker issues within a broader context of issues in environmental regulation. Environmental regulation is itself a subset of a broader universe of environmental justice concerns. In approaching the issue this way, the author highlights some of the similarities farmworker issues share with other regulatory environmental justice issues. The author highlights the dramatic differences as well. Leaving to others the task of describing the dire conditions of the farmworker, the author takes two important examples of regulatory mechanisms designed to protect farmworkers and describe some of the commonalities. The two sites of regulatory activity used are …

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Adjucating Sustainability: New Zealand's Environment Court, Bret C. Birdsong Jan 2002

Adjucating Sustainability: New Zealand's Environment Court, Bret C. Birdsong

Scholarly Works

New Zealand's Resource Management Act of 1991 (“RMA”) placed the island nation on the world's cutting edge of environmental management by making sustainability the law of the land. The RMA also presents an opportunity to examine a less heralded New Zealand innovation in environmental governance: a specialized, expert court that is focused exclusively on resolving environmental disputes. The Environment Court is a critical institution in New Zealand's effort to move toward sustainable management of the environment. Exercising broad powers to review most of the fundamental issues arising under the RMA, the Court is the primary arbiter of whether activities and …

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Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary Jan 2002

Appeals From Pleas Of Guilty And Nolo Contendere: History And Procedural Considerations., Kevin Yeary

St. Mary's Law Journal

The changing history of appeal rights—made through decisional interpretation by the Texas Court of Criminal Appeals—highlights the importance of staying current on interpretations of procedural and substantive rules. Lawyers owe their clients a duty to understand the history of the right to appeal from a conviction following a guilty plea. Additionally, they owe their clients a duty to understand substantive and procedural requirements for maintaining such appeals, as well as to stay abreast of changes affecting these appeals. Recently, the Texas Court of Criminal Appeals handed down several opinions drastically reshaping the landscape for appeals following pleas of guilty and …

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An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu Jan 2002

An Essay On The Tort Of Negligent Infliction Of Emotion Distress In Texas: Stop Saying It Does Not Exist., Charles E. Cantu

St. Mary's Law Journal

The injury of emotional distress is an interesting tort, which has long perplexed the Anglo-American system of jurisprudence. While, originally, allegations of this kind did not constitute a cause of action, today, there is no question that an injured plaintiff may recover for the infliction of emotional distress. The majority and minority positions differ now only on what must be alleged and proved. Texas was the first jurisdiction in the United States to allow recovery for mental anguish. However, in 1993 in the case of Boyles v. Kerr, the Texas Supreme Court appeared to depart from the majority view when …

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Ethics: Lawyering And Professionalism., Broadus A. Spivey Jan 2002

Ethics: Lawyering And Professionalism., Broadus A. Spivey

St. Mary's Law Journal

Because public perception is a major issue that confronts the legal community, Texas encourages lawyers to maintain a civil, professional, and courteous environment. The work of lawyers may be divided into three parts: first, a lawyer must consider several factors when communicating with a potential client; second, a lawyer must attend to the creation of the lawyer-client relationship; and third, a lawyer must effectively manage the lawyer-client relationship. The rules of ethical deportment for attorneys are contained in the Texas Disciplinary Rules of Professional Conduct, which specifically address barratry and similar offenses related to the improper solicitation of potential clients. …

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Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr. Jan 2002

Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.

St. Mary's Law Journal

Texas’s solutions to inadvertently disclosed privileged material are unworkable. Confidentiality of client information is a bedrock of the legal profession. Nonetheless, some confidential information invariably leaks out. The most common leak occurs when a lawyer inadvertently includes privileged material in boxes of documents produced in response to a legitimate discovery request. After the opposing lawyer finds the “hot documents” in the box, the problems begin. The Texas Supreme Court adopted what amounts to the reasonable precautions test in Granada Corp. v. First Court of Appeals. The cornerstone of the Granada holding is the involuntary nature of the production of the …

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Toward A More Effective Standard Of Review: The Potential Effect Of Burdine V. Johnson On Legal Malpractice In Texas., Rebecca A. Copeland Jan 2002

Toward A More Effective Standard Of Review: The Potential Effect Of Burdine V. Johnson On Legal Malpractice In Texas., Rebecca A. Copeland

St. Mary's Law Journal

If the presence of a sleeping attorney is so egregious as to result in a reversal of a criminal conviction, it is surely enough to warrant the imposition of civil damages upon the same attorney. A recent trend of cases in which criminal defendants alleged ineffective assistance of counsel—due to sleeping attorneys—resulted in courts being unable to create a uniform analysis for ineffective assistance of counsel. The Sixth Amendment protects a criminal defendant’s right to effective assistance of counsel, and the Supreme Court has devised a two-prong analysis by which claims of ineffective assistance must be reviewed. Burdine v. Johnson …

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Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii Jan 2002

Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii

St. Mary's Law Journal

The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …

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Environmental Law: The Environmental Quality Act As A Reservoir Of Legislative Intent - A New Model Of Interagency Cooperation Springs Forth From The Clarification Of Oklahoma's Groundwater Law, Darin C. Savage Jan 2002

Environmental Law: The Environmental Quality Act As A Reservoir Of Legislative Intent - A New Model Of Interagency Cooperation Springs Forth From The Clarification Of Oklahoma's Groundwater Law, Darin C. Savage

Oklahoma Law Review

No abstract provided.

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Renewable Energy Sources For Development, Richard L. Ottinger Jan 2002

Renewable Energy Sources For Development, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Renewable energy resources hold great promise for meeting the energy and development needs of countries throughout the world. This promise is particularly strong for developing countries where many regions have not yet committed to fossil fuel dominance. Solar photovoltaic and solar thermal technologies are particularly advantageous for serving the two billion people in rural areas without grid electricity. Modern biomass energy is attractive because it uses locally available agricultural wastes. Wind energy and small hydroelectric resources also are mature technologies well suited to developing countries. Such renewable resources are far more economical than traditional energy resources, especially where the costs …

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Dean's Foreword, David S. Cohen Jan 2002

Dean's Foreword, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This issue of the Pace Environmental Law Review contains a description of this emerging field of law and the response of the academic and legal community to it. As Professor Nolon reports in his introduction, we found eloquent coherence in these laws and saw how they fit together to form a comprehensive whole. We examined state statutes that authorized local governments to adopt environmental laws and discovered that they were diverse in nature but prevalent in many states. We also found state court decisions that upheld local environmental laws against the challenges of regulated property owners. We were troubled by …

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Aol Time Warner Foundation: Extending Internet Benefits To All, B. Keith Fulton Jan 2002

Aol Time Warner Foundation: Extending Internet Benefits To All, B. Keith Fulton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Taming Of The Precautionary Principle, John S. Applegate Jan 2002

The Taming Of The Precautionary Principle, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

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Corporate Governance In The Cause Of Peace: An Environmental Perspective, Donald O. Mayer Jan 2002

Corporate Governance In The Cause Of Peace: An Environmental Perspective, Donald O. Mayer

Vanderbilt Journal of Transnational Law

This Article examines the role of multinational corporations in creating global peace. Part I discusses the role of multinational corporations in the global economy, emphasizing the relationship between multinational corporations, governments, and the environment. Part II explores whether corporations have a moral duty to oppose ill-conceived laws and policy proposals and to support well-conceived laws that encourage efficiency and sustainability, but may hinder short-term profitability. Part III expands and further explores the argument set forth in Part II by examining the continuing dependency of the United States and other industrialized democracies on oil from the Middle East. Part IV concludes …

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Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve Jan 2002

Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve

Faculty Articles

This essay first presents an overview of key legal principles that support sustainability. This essay then reviews the major alleged risks of agricultural biotechnology. It then describes the existing U.S. and European agricultural biotechnology regulatory system designed to control those risks. Next, this essay analyzes the existing U.S. regulatory system using sustainability principles. In the course of that analysis, this essay considers lessons to be derived from three case studies: the permitting of Starlink™ corn, the discovery of Mexican maize containing genetically engineered corn genes, and the possible permitting of transgenic salmon for ocean fish farming. This essay also considers …

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The Greening Of The World Trade Organization, Sydney M. Cone Iii. Jan 2002

The Greening Of The World Trade Organization, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

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The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii. Jan 2002

The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii.

Articles & Chapters

This article deals with dispute settlement in the World Trade Organization (WTO) and, in particular, with the relationship between panels and the Appellate Body. Its point of departure is the Asbestos case initially decided by a WTO panel in September 2000 and, on appeal, by the WTO Appellate Body in March 2001.

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Rapporteur's Summary Of The Deliberative Forum: Are Environmental Ngos Friends Or Foes Of Indigenous Peoples?, Patricia Thompson Jan 2002

Rapporteur's Summary Of The Deliberative Forum: Are Environmental Ngos Friends Or Foes Of Indigenous Peoples?, Patricia Thompson

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2002

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

Colorado Environmental Law Journal

No abstract provided.

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Front Matter, Colorado Journal Of International Environmental Law And Policy Jan 2002

Front Matter, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2002

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

Colorado Environmental Law Journal

No abstract provided.

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Brewing Up A Storm: The Potentially Cataclysmic Effects Of Industrially Grown Coffee, Frederick A. Veitch Jan 2002

Brewing Up A Storm: The Potentially Cataclysmic Effects Of Industrially Grown Coffee, Frederick A. Veitch

Colorado Environmental Law Journal

No abstract provided.

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Why Sharks May Have Nothing To Fear More Than Fear Itself: An Analysis Of The Effect Of Human Attitudes On The Conservation Of The Great White Shark, Romney Philpott Jan 2002

Why Sharks May Have Nothing To Fear More Than Fear Itself: An Analysis Of The Effect Of Human Attitudes On The Conservation Of The Great White Shark, Romney Philpott

Colorado Environmental Law Journal

No abstract provided.

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The Reform Of The Assessment Of Financial Contributions To The International Whaling Commission: A Step Towards More Participation From Developing Countries In The International Regulation Of Whaling?, Alice Tumerelle Jan 2002

The Reform Of The Assessment Of Financial Contributions To The International Whaling Commission: A Step Towards More Participation From Developing Countries In The International Regulation Of Whaling?, Alice Tumerelle

Colorado Environmental Law Journal

No abstract provided.

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Procedures Of Compliance Control In International Environmental Treaties, Markus Ehrmann Jan 2002

Procedures Of Compliance Control In International Environmental Treaties, Markus Ehrmann

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2002

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

Colorado Environmental Law Journal

No abstract provided.

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Developments In Biodiversity, Saskia Young Jan 2002

Developments In Biodiversity, Saskia Young

Colorado Environmental Law Journal

No abstract provided.

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Developments In Toxics: From Trade To Terrorism In 2002, Claudia Kelly Dixon Jan 2002

Developments In Toxics: From Trade To Terrorism In 2002, Claudia Kelly Dixon

Colorado Environmental Law Journal

No abstract provided.

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