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.

Cases, Laws, regulations and rules, Liability for environmental damages, Administrative procedure, Right to trial by jury

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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.

Political aspects, Judicial review, Majorities, Rule of law

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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.

Powers and duties, United States. Congress. Senate, Impeachments, Impeachment

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