Download or read book Burdens of Proof in Environmental Litigation Hearing Before the Subcommittee on Environmemt Of 93 2 Nov 19 1974 written by United States. Congress. Senate. Committee on Commerce and published by . This book was released on 1974 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Burdens of Proof in Environmental Litigation written by United States. Congress. Senate. Committee on Commerce. Subcommittee on the Environment and published by . This book was released on 1975 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Litigation and the Burden of Proof written by James E. Krier and published by . This book was released on 1971 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Burdens of Proof in Environmental Litigation written by United States. Congress. Senate. Committee on Commerce. Subcommittee on the Environment and published by . This book was released on 1975 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Burdens of Proof in Environmental Litigation written by United States. Congress. Senate. Committee on Commerce. Subcommittee on the Environment and published by . This book was released on 1975 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Burden of Proof in Natural Resources Legislation written by David Freestone and published by Fao. This book was released on 1998 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Legislative Study examines the use of legal devices to ease or reverse the burden of proof, traditionally borne by the prosecution, in order to facilitate enforcement of fisheries legislation. This is related to the development of the precautionary principle in environmental law, which in a sense reverses the onus of determining whether action that could affect the environment should go forward, and to the enforcement problems of extended fisheries jurisdiction. The use and limits of presumptions, strict liability and broadly defined offences are analysed in light of national constitutional guarantees and of international law.
Download or read book Burden of Proof in Environmental Disputes in the WTO written by Henrik Horn and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses allocation of burden of proof in environmental disputes in the WTO system. Besides laying down the natural principles that (i) the complainant carries the burden to (ii) make a prima facie case that its claim holds, WTO adjudicating bodies have said little of more general nature. The paper therefore examines the case law of relevance to environmental policies, to establish the rules concerning burden of proof that are likely to be applied in such disputes. Evaluating this case law, the paper makes two observations,: First, in cases submitted under the GATTWTO, adjudicating bodies have committed errors regarding the required amount of evidence (the burden of persuasion); and second, such errors, as well as errors concerning the determination of the party to carry the burden of providing this evidence (the burden of production), have been committed in disputes submitted under the TBT/SPS Agreements. These errors largely seem attributable to the general absence of methodology regarding the interpretation of some key substantive provisions featuring in the three Agreements.
Download or read book Defending the Environment written by Joseph L. Sax and published by . This book was released on 1972 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Litigation written by Cary R. Perlman and published by American Bar Association. This book was released on 2009 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of what qualifies as environmental litigation is huge, while at the same time, this area is growing rapidly as a result of evolving issues such as climate change litigation. The authors examine the most critical issues in specialized litigation, including global climate change, litigating government enforcement matters in both the civil and criminal context, citizen-suit actions, toxic tort and pesticide litigation, natural resources damages claims, and insurance as a source of recovery.
Download or read book The Burden of Proof in Environmental Offences written by and published by . This book was released on 1986 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulating from Nowhere written by Douglas A. Kysar and published by Yale University Press. This book was released on 2010-06-22 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we "can" afford.
Download or read book Environmental Litigation written by and published by . This book was released on 2015 with total page 1122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Environmental Loss and Damage in a Comparative Law Perspective written by Barbara Pozzo and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation. Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and "cross-fertilization" between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other."-- Page 4 de la couverture.
Download or read book Demystifying the Law written by Daniel A. Bronstein and published by CRC Press. This book was released on 1990-08-27 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demystifying the Law: An Introduction for Professionals explains unfamiliar legal concepts in interesting contexts, thus helping you to understand and remember them. It illustrates legal principles using simple examples that anyone can understand. No single book can turn you into a lawyer, but this one can help you decide when you need a lawyer's assistance and help you ask intelligent questions of your lawyer. It can even help keep you out of situations requiring a lawyer. Part I tells you where our laws come from and how they are applied in the court system. Part II explains the role in law of the executive branch of government, including quasi-legislative and quasi-judicial activities, judicial review, and technicalities and terms. Part III covers several specific legal issues, including civil procedure, criminal law concepts, burden of proof, the "reasonable person" concept, breach of duty, personal and product liability, and malpractice. It also gives brief introductions to contracts, insurance law, workers' compensation, property law, environmental law, water law, and other legal matters. Every professional should own this valuable resource! Ideal for both personal and business use. Appendices include how to find legal citations and extracts from the federal rules of civil procedure.
Download or read book Science and the Precautionary Principle in International Courts and Tribunals written by Caroline E. Foster and published by Cambridge University Press. This book was released on 2013-10-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the Case concerning Pulp Mills and the Gabcíkovo-Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualizing developments in the taking of expert evidence and analyzing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgments and awards.
