Emanuel法律概述
2007-10
Aspen Publishers
Linda Malone 著
252
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The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.
Preface Casebook Correlation ChartCapsule SummaryCHAPTER 1 APPROACHES AND METHODOLOGIES I. METHODS OF ENVIRONMENTAL REGULATION A. Introduction B. Imposed controls 1. Technology-based regulation 2. Environmental quality-based regulation C. Market incentives 1. Effluent fees 2. Marketable pollution rights 3. Subsidies D. Information disclosure II. ECONOMIC CONSIDERATIONS A. Externalities B. Economic analysis 1. Cost-benefit 2. Cost-effectiveness 3. Cost-oblivious III. ETHICAL CONSIDERATIONS A. Protecting nature B. Protecting future generations C. Environmental justice 1. Problems with siting locally undesirable land uses (LULUs) 2. Compensation proposals 3. Equal protection Quiz Yourself on APPROACHES AND METHODOLOGIES Exam Tips on APPROACHES AND METHODOLOGIESCHAPTER 2 COMMON LAW THEORIES AND ENVIRONMENTAL LITIGATION I. NUISANCE AS A COMMON LAW ACTION A. Types of actions 1. Private nuisance 2. Public nuisance B. Availability of equitable relief 1. Balancing test 2. Prospective nuisances C. Standing in nuisance actions D. Preemption of nuisance claims by federal environmental protection statutes 1. Illinois v. Milwaukee 2. International Paper Co. v. Ouellette 3. Arkansas v. Oklahoma II. DAMAGES AT COMMON LAW A. Cost of restoration damages B. Alternative damage theories 1. Increased risk of disease 2. Fear of the increased risk of disease 3. Medical monitoring C. Prejudgment interest D. Temporary vs. permanent damages in nuisance actions 1. Temporary nuisance and damages 2. Permanent nuisance and damages E. Punitive damages F. Economic losses III. OTHER COMMON LAW CAUSES OF ACTION A. Trespass B. Negligence C. Strict liability 1. Ultrahazardous activity 2. Product liability IV. CAUSATION V. PROCEDURAL ISSUES A. Statute of limitations B. Splitting the causes of action……CHAPTER 3 THE JUDICIAL ROLE IN ENVIRONMENTLAL LITIGATION AND THE ADMINISTRATIVE PROCESSCHAPTER 4 CONSTITUTIONAL LIMITS ON ENVIRONMENTAL REGULATIONCHAPTER 5 NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)CHAPTER 6 THE CLEAN AIR ACT(CAA)CHAPTER 7 THE FEDERAL WATER POLLUTION CONTROL ACT(FWPCA)CHAPTER 8 SAFE DRINDING WATER ACT(SDWA)CHAPTER 9 CONTRLO OF TOXIC SUBSTANCESCHAPTER 10 LAND USECHAPTER 11 INTERNATIONAL ENVIRONMENTAL LAW
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