Questioning the "new consensus" on promissory estoppel: an empirical and theoretical study
Empirical research demonstrates that the equitable doctrine of promissory estoppel is not successfully asserted by most claimants and a lack of reliance is an important factor in their failures. Theorists asserting that a new judicial consensus exists which results in the enforcement of unrelied upon promises are incorrect in light of evidence taken from a comprehensive survey of reported promissory estoppel cases. Successful claimants receive reliance damages contrary to the theorists' proposition that courts prefer expectancy damages to reliance damages.
Publication Name: Columbia Law Review
Are conglomerates less environmentally responsible? An empirical examination of diversification strategy and subsidiary pollution in the U.S. chemical industry
An evaluation of the EPA's Toxic Release Inventory showed that conglomerate subsidiaries registered pollution levels greater than those of companies with other corporate diversification programs. This poorer environmental performance was observed in a survey of 555 diversified parent companies in the chemical industry for 1989. The results indicate a need to carefully evaluate diversification plans against corporate environmental performance.
Publication Name: Journal of Business Ethics
The absolute pollution exclusion - has it resolved all ambiguities in pollution coverage?
Standardized pollution liability insurance policies were rewritten during the 1980s to eliminate ambiguous language and to narrow the duty of insurers to defend and indemnify under such policies. The former wording of 'sudden and accidental' in pollution exclusion clauses gave rise to litigation and inconsistent rulings. The new absolute pollution exclusion has eliminated many claims and been upheld by most courts, but exceptions remain.
Publication Name: Journal of Products and Toxics Liability
- Abstracts: Proving causation in toxic tort cases: T-cell studies as epidemiological and particularistic evidence. Inverse condemnation and the highway cases: compensation for abutting landowners
- Abstracts: Rethinking the laws: Norplant as a condition of probation for female child abusers. Regulating rites: legal responses to female genital mutilation in the West
- Abstracts: Fertility and coercion. The Defense of Marriage Act and the overextension of congressional authority
- Abstracts: The woodchips decision. Making docile lawyers: an essay on the pacification of law students
- Abstracts: Actualizing the developmental response of multinational corporations: the case of agribusiness in the Mexican countryside