Judicial review of natural resource damage assessments under CERCLA: implications of the right to trial by jury
Article Abstract:
Suits under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) should not follow the Dept of the Interior's administrative assessment model but instead should be civil litigation to satisfy the right to trial by jury and congressional intent that natural resource damages be heard de novo by courts. The Interior has developed regulations that rely on trustees to make determinations about damage that has occurred. Assuming that jury trials were intended to be available under CERCLA, the trustee's assessments usurp the jury's role as fact finders.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1995
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The majoritarian difficulty: elective judiciaries and the rule of law
Article Abstract:
The election of judges conflicts with the constitutional principle of an independent judiciary that protects minority interests. Furthermore, the prevailing models of judicial review are unable to resolve the conflict. Those who advocate judicial elections as a way of increasing accountability have overlooked this majoritarian difficulty. Thus, until further justifications are advanced, the constitutional legitimacy of elective judiciaries is questionable.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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Impeaching the Senate's use of trial committees
Article Abstract:
The US Senate's practice of trying impeachments by committee rather than the entire Senate is unconstitutional. The practice is described in Rule 11 of the Senate impeachment rules, and Rule 11 could be challenged in the Supreme Court. The original intent of the founders was for trial evidence to be heard by the full Senate, and due process is also violated by Rule 11 when it permits factfinders to ignore evidence.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1992
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- Abstracts: Municipal recovery of natural resource damages under CERCLA. The Fourth Amendment warrant requirement in the environmental law context: can imminent harm to the environment justify a warrantless search?
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