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University of Missouri School of Law Scholarship Repository
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  • A Service of the Law Library

    Content Posted in 2015

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    Abandoning the Common Enemy Doctrine and Adopting the Rule of Reasonable Use: More Problematic than Helpful. Heins Implement Co., et al. v. Missouri Hwy. & Transp. Comm'n, et al., Jason W. Johnson

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    A Call for a New Policy Toward CERCLA Cleanup Costs in the Eighth Circuit: Is it Fair to Punish the PRP who Initiates the Cleanup at a Superfund Site? , Ricky Pearce

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    A Case for Cooperation Between the Environmental Protection Agency and the United States Department of Agriculture in Order to Achieve Federal Environmental Quality Goals. National Pork Producers' Council v. EPA, James D. Boresi

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    A Challenge for Federalism: Achieving National Goals in the Electricity Industry, Ari Peskoe

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    A Clear Statement of Recovery: Applying the NCTA Doctrine in the Determination of Whether Oversight Costs are Recoverable Under CERCLA. U.S. v. Dico , Jason L. Cordes

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    Addressing Missouri's Domestic Conflict of Interests in the Missouri River: A Suggested Approach for Resolution , Craig A. Street

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    A Fine Romance: The Indulgent Relationship between Federal Courts and Federal Agencies and the Broken NEPA Decision-Making Process. Prairie Band Pottawatomie Nation v. Fed. Highway Admin., Salama Gallemore

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    A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, John M. Lande

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    After Hobby Lobby: The “Religious For-Profit” and the Limits of the Autonomy Doctrine, Angela C. Carmella

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    Agency Power v. Court Discretion: Should Courts Have the Discretion to not Enforce Injunctive Relief Recommended by Statutes? United States v. Mass. Water Res. Auth., Leecia D. Carnes

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    Agricultural Non-Point Source Pollution and Wetlands: A Sensible Approach, Anthony P. Farrell

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    A Hot Debate: Application of the Zone of Interests Test to the Endangered Species Act. Bennett v. Plenert, Lynette McCloud

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    Aircraft Overflights as a Fifth Amendment Taking: The Extension of Damages for the Loss of Potential Future Uses to Aviation Easements. Brown v. United States, Scott P. Keifer

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    A Light at the End of the Tunnell?: The Parameters of Uninsured Motorist Coverage Coverage in Wrongful Death Cases, Edward Wittrig

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    Allowing States to Avoid Accountability: A Death Knell for Private Enforcement of Federal Environmental Laws? Seminole Tribe of Florida v. Florida, Melissa McAllister

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    A Missouri Citizen’s Guide to Red Light Cameras, Joe Conlon

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    A New Era of Green Regulation: EPA Must Regulate Climate Altering Gases Emitted from Motor Vehicles. Massachusetts v. Environmental Protection Agency , Brett Maland

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    A New View, or Just Being Difficult? The Ninth Circuit's View on Categorical Exclusions. Sierra Club v. Bosworth, Jerri Zhang

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    An Interview with Edward L. Dowd, Jr., and Patrick M. Flachs, United States Attorneys Office, Eastern District of Missouri , Theodore A. Kardis

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    An Interview with Jeremiah "Jay" Nixon, Missouri Attorney General, Anthony P. Farrell and Tom Ray

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    A Not-So Equitable Allocation: The Need for an Environmental Cost Principle , Joshua H. Van Eaton

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    An Overview of Missouri's Air Permit Laws, Robert J. Lambrechts

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    Anthony Lewis, Dahlia Lithwick

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    Anthony Lewis and the First Amendment, Adam Liptak

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    Anthony Lewis: Pioneer in the Court’s Pressroom, Lyle Denniston

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    Anthony Lewis: What He Learned at Harvard Law School, Lincoln Caplan

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    An Uncivil Action: The Supreme Court Dilutes the Endangered Species Act. National Association of Homebuilders v. Defenders of Wildlife, Joseph Schlotzhaer

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    A Proposal to Greatly Expand National Parks in the Lower Forty-Eight States: An Investment in our Planet's Future, William A. Wines

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    Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers the Rights of Individual Employees, Spring E. Taylor

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    Are Corporate Super PAC Contributions Waste or Self-Dealing? A Closer Look, Joseph K. Leahy

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    A Regulatory Reinterpretation to Blow Away Dirty Energy? , Seth Cox

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    A Religious Organization’s Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment, Carl H. Esbeck

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    A Remedy Even the Plaintiffs Don't Like. The D.C. Circuit's Vacatur of the Clean Air Interstate Rule. North Carolina v. E.P.A, Matthew D. Tait

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    Are They or Aren’t They “Retirement Funds”? The Case for Including Funds from an Inherited IRA in a Debtor’s Bankruptcy Estate, Jennifer Salisbury

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    A River Runs Through It: What States along the Missouri River can Learn about Water Allocation from Conflict in the ACF River Basin. Se. Fed. Power Customers, Inc. v. Geren., Claire McClintic

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    Arrestee Number Two, Who Are You? Suspicionless DNA Testing of Pre-Trial Arrestees and the Fourth Amendment Implications, Lesley A. Hall

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    Assessing Costs under CERCLA: Sixth Circuit Requires Specificity in Complaints Seeking Prejudgment Interest. United States v. Consolidation Coal Co., Andrew J. Ennis

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    Assessing the Risks and Benefits of Hydraulic Fracturing , Jesica Rivero Gilbert

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    As Today’s Tony Lewises Disappear, Courts Fill Void, David A. Sellers

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    A Supplemental Labeling Regime for Organic Products: How the Food, Drugs, and Cosmetic Act Hampers a Market Solution to an Organic Transparency Problem , Ariele Lessing

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    A Sweet Deal for Sugar , Jeff LeBlanc

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    A Tiger with No Teeth: The Case for Fee Shifting in State Public Records Law, Heath Hooper and Charles N. Davis

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    Attempting to (De)Regulate Genetically Modified Crops: The Supreme Court Overrules the Injunction Denying Deregulation of Roundup Ready Alfafa. Monsanto v. Geertson Seed Farms, Christine K. Lesicko

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    A Whale of a Tale: The Supreme Court Sets a New Trend Favoring National Security over Environmental Concerns. Winter v. NRDC, Brian Schierding

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    Baby Steps, Not Leaps, Toward Relief. Anatomizing Sackett v. EPA, John Shikles

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    Back to Reality: What "Knowingly" Really Means and the Inherently Subjective Nature of the Mental State Requirement in Environmental Criminal Law , Jonathan Snyder

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    Balancing Local Concerns with CERCLA Policies: The Importance of Perspective in Considering the Application of Federal Mandate. State of Missouri v. Independent Petrochemical Corporation , Eric Walter

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    Balancing the Fourth Amendment against Protecting the Environment. Riverdale Mills Corp. v. Pimpare, Laurie Knight

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    Be Specific: The Proper Way to Challenge Actions of the United States Forest Service. Sierra Club v. Peterson, Stephen M. Scanlon

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    Bioremediation: A Growing Trend in Pollution Treatment and Control , Michael Kukuk

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    Blocking Eco-Patent Trolls: Using Federalism to Foster Innovation In Environmental Technology, Angelina M. Whitfield

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    Bombs Under Bangor: The Ninth Circuit Holds Submarine Base Siting Beyond the Scope of NEPA and the ESA. Ground Zero Center for Non-Violent Action v. U.S. Department of the Navy, Crystal L. Hermann

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    Bowman v. Monsanto Co.: A Bellwether for the Emerging Issue of Patentable Self-Replicating Technologies and Inadvertent Infringement, Christopher M. Holman

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    Butting Heads: NEPA and ESA, When Designation of a Critical Habitat under the Endangered Species Act Conflicts with NEPA's Environmental Impact Statement Documentation Requirements, Cynthia Giltner

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    Buying the Farm: The Eighth Circuit Declares South Dakota's Anti-Corporate Farming Amendment Violates the Dormant Commerce Clause. South Dakota Farm Bureau v. Hazeltine, James C. Chostner

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    Call Me, Maybe: Missouri’s Approach to Extraterritorial Personal Jurisdiction on the Basis of Interstate Communications, Caleb Wagner

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    Cancerphobia Damages in Missouri: A Comprehensive Discussion on Toxic Torts and Fear of Disease Recovery Comments and Casenotes , Thad R. Mulholland

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    Can Federal Sanctions Force States to Clean Their Air. Missouri v. United States, Theodore A. Kardis

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    Can't Do That, Grandpa! Environmental Defense v. Duke Energy Corporation, Hannah Tien

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    Can Townships Really Smell?: Coping with the Malodorous Problems of Hog Farms in Rural Missouri. Premium Standard Farms, Inc. v. Lincoln Township of Putnam County, Benjamin A. Joplin

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    Can We Drill Now?: The Ninth Circuit's View on Filing Environmental Impact Statements. Alaska Wilderness League v. Kempthorne, Nicole Hutson

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    Captive Consumer Paradox: The D.C. Circuit's Attempt to Bring Symmetry to Clean Air Act Incentives for Cellulosic Biofuel Production, A, John W. Shikles

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    Carbon Capture and Storage: How Bad Policy Is By-Passing Environmental Safeguards, Allison Kole

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    Cases to Watch, Alyse Hakami

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    Cases to Watch

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    Cases to Watch

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    Cases to Watch and Legislative Summaries

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    Cases To Watch and Missouri Legislative Summary, Tom Ray

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    Cases To Watch and Missouri Legislative Summary, V. Alyse Hakami and Mark A. Meyer

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    Case Study in Patent Litigation Transparency, A, Bernard Chao and Derigan Silver

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    Case Summaries

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    Case Summary

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    Case to Watch

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    Causation Confusion: Missouri’s Adoption of a Contributing Factor Standard for Workers’ Compensation Retaliation Claims, Suzanne L. Specker

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    Caveat Emptor, Indeed: Eighth Circuit Bars Strict Liability Recovery from Subsequent Property Owners in Minnesota. Kennedy Building Associates v. Viacom, Inc., Jason M. Scherer

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    CERCLA's Federally Required Date "Cleans up the Mess" in Toxic Tort Litigation. Freier v. Westinghouse Elec. Corp., Kelly E. Shamel

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    CERCLA: To Clean or Not to Clean - The Supreme Court Says There is no Question. U.S. v. Atl. Research Corp., Claire McClinic

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    Challenges and Inconsistencies Facing the Posthumously Conceived Child, Andrew T. Peebles

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    Citizen Suits and the Clean Water Act: Has Article III become a Permanent Roadblock to Private Enforcement? Natural Resources Defense Council v. Southwest Marine, Inc. , Brett A. Williams

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    Citizen Suits under the Endangered Species Act: The United States Supreme Court Expands the Zone of Interests Test. Bennett v. Spear , Stacy Nagel

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    Civil or Criminal?: Deciding Whether a Law may be Applied Retrospectively yet Constitutionally in Missouri. State v. Wade, Timothy M. Guntli

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    Clarifying the Preemptive Scope of CERCLA Section 9658, Allison Tungate

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    Class Warfare: The Eighth Circuit Clamps Down on Consumer Class Actions Under Rule 23(b)(3), Caleb Wagner

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    Clean Air Act and the Federal Removal Statute: Do They Fit Together or Are We Missing a Piece of the Puzzle? California v. United States, Joshua Klinger

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    Clean Indoor Air: Who Has It & How to Get It - A Functional Approach to Environmental Tobacco Smoke , Christine Hymes

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    "Clean Water Act Compliance Audit Program for Pork Producers": How was Such an Agreement Reached Between the EPA and the National Pork Producers? , Anita K. Chancey

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    Clean Water Act's Mens Rea Requirement: Establishing a Brighter Line Test. United States v. Sinskey, Douglas L. McHoney

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    Coexistance Strategies in a Biotech World: Exploring Statutory Grower Protections, A. Bryan Endres

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    Collateral Damage: Turning a Blind Eye to Environmental and Social Injustice in the Coalfields, Patrick McGinley

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    Commentary on Midwest Interstate Low-Level Radioactive Waste Compact: Interviews with David Shorr, Director of Missouri's Department of Natural Resources, and Kay Drey, Anti-Nuclear Activist , Wendy Hickey

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    Commerce Clause and Flow-Control: The Problems of Regulating the Importation of Solid Waste. National Solid Wastes Management Association v. Meyer, Rebecca Tenbrook

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    Concepcion and Mis-Concepcion: Why Unconscionability Survives the Supreme Court's Arbitration Jurisprudence, Richard Frankel

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    Congress Should Act to Define "Prevailing Party" to Ensure Citizen Suits Remain Effective in Environmental Regulation. Sierra Club v. City of Little Rock, Nathan A. Steimel

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    Consent not Required: Missouri’s Adoption Laws for Incapacitated Adults. DeBrodie v. Martin, Kelly Collins

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    Conservation Easements: Tax Shields with Philanthropic Means. Glass v. Commissioner, John H. A. Griesedieck

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    Conservation or Coercion: Federal Regulation of Intrastate Wetlands under the Swambuster Provisions of the Food Security Act. United States v. Dierckman, Patrick R. Douglas

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    Consideration of Cumulative Impacts and a Properly Tiered EA & EIS: A Guarantee for Eighth Circuit Deference to Agency Decision-Making. Arkansas Wildlife Federation v. United States Army Corps of Engineers, Travis A. Elliott

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    Contaminated Property and the Attached Stigma: Polluter's Tax Incentives? Dealers Manufacturing, Co. v. County of Anoka, M. Katherine Freed

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    Contribution to Inaction: Interpreting CERCLA to Encourage, Rather than Discourage, Hazardous Waste Clean-Up. Dico, Inc. v. Amoco Oil Co. , Lewis A. Fleak

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    Controlling Externalities Associated with Concentrated Animal Feeding Operations: Evaluating the Impact of H.B. 1207 and the Continuing Viability of Zoning and the Common Law of Nuisance , Jerome M. Organ and Kristin M. Perry

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    Copyright

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    Corporate Environmental Accountability: Expanding SEC Disclosures to Promote Market-Based Environmentalism , Terra Pfund

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    Corporate Farming: How Interpretation of the Commerce Clause is Making Restrictions More Difficult. Jones v. Gale , Brock H. Cooper

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    Counterpoint: Environmental Audit Privilege Legislation: Secrecy and Forgiveness for Environmental Violators , Joseph P. Bindbeutel

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    Court Reports

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    Court Reports

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    Court Reports

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    Court Reports. United States District Reports

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    Creative Statutory Interpretation: How the EPA Escaped Regulation of Motor Vehicle Emissions under the Clean Air Act. Massachusetts v. EPA, Erin C. Bartley

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    Crying Over Spilt Milk: A Closer Look at Required Disclosures and the Organic Milk Industry. International Dairy Foods Association v. Boggs, David A. Martin

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    Cry Me a River: The Eighth Circuit Says Navigation, not Recreation, is the Predominant Goal of the Army Corps of Engineers in Managing the Flow of the Missouri River. South Dakota v. Ubbelohde, Lorraine C. Buck

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    Dam Complications in Senegal: How River Dams May Hurt More than Help Vulnerable Populations in Water-Stressed Regions, Colleen Diessner

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    Day 's Pyramid Ignores Sturdy Severability Foundation, Builds Off Granite Rock, Wesley K . Dagestad

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    Decades of Uncertainty End with Error. Entergy Corp. v. Riverkeeper, Inc., Aaron Sanders

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    December 23, 1985: A Turning Point in the Granting of Farm Subsidies under the Food Security Act of 1985. Horn Farms, Inc. v. Johanns, Amy L. Ohnemus

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    Deepwater Exploration in the Gulf: The Eleventh Circuit Balances Energy Independence and Environmental Responsibility Post-Deepwater. Defenders of Wildlife v. Bureau of Ocean Energy Mgmt., Ryan Harris

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    Defending the Guilty: Lawyer Ethics in the Movies, J. Thomas Sullivan

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    Deference, Clarity, and the Future of Arbitration in Investor-State Dispute Settlements, Robert N. Mace

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    Defining "Significance": Balancing Procedural and Substantive Judicial Review of Negative Declarations under the Minnesota Environmental Policy Act. Minnesota Center for Environmental Advocacy v. Minnesota Pollution Control Agency, Thomas Schmid

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    Defining the Limits of Wetland Regulation under the CWA and the Commerce Clause. United States v. Wilson, Stephen S. Davis

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    Defogging the Future: The Effect of American Electric Power on Future Lawsuits. American Electric Power Co. Inc. v. Connecticut, Marriam Lin

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    Designing Subsidies for Low-Carbon Energy, David Weisbach

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    Determining a "Final Action" of the EPA for Purposes of Exclusive Jurisdiction in the Federal Courts of Appeals: Does a Constitutional Challenge Qualify? Virginia v. United States , Rachel Craig

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    Developing a Framework for Arbitrating Standards-Essential Patent Disputes, Jorge L. Contreras and David L. Newman

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    Development Impact Fees: Guidelines for Missouri Enabling Legislation, Jill A. Morris

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    Discharge of a Pollutant: The Clean Water Act Definition That Has Caused MUCH Confusion, Arsenio L. Mims

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    Does a PRP Letter Trigger a Seller's Duty to Indemnity? Datron, Inc. v. CRA Holdings, Inc., Christopher J. Lucas

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    Don’t Throw the Baby Out with the Frack Water: A Reasoned Look at the Benefits and Shortcomings of Hydraulic Fracturing, Scott Martin

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    Do Polluters Truly Pay? A Chip in the "Potentially Responsible Parties" Analysis for Hazardous Waste Cleanup. Celanese Corporation v. Martin K. Eby Construction Company, Inc., Katherine E. Vogt

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    Economics-Based Environmentalism in the Fourth Generation of Environmental Law., Donald J. Kochan

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    Educating Judges—Where to From Here?, Livingston Armytage

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    Eighth Circuit Declares New Law for Owners of Land Encumbered by FWS Easements: Drain Those after-Expanded Wetlands, but Ask Nicely First. United States v. Johansen, Laura Krasser

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    Employment Arbitration at the Crossroads: An Assessment and Call for Action, Stephen L. Hayford, Jamie Darin Prenkert, and Anjanette H. Raymond

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    Ending the Arranger Debate: Integrating Conflicting Interpretations in Search of a Uniform Approach, David Brose

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    Enforceability of Sale Contracts When Environmental Contamination is Found: Legal Breach of Contract? Contract Freighters, Inc. v. J.B. Hunt Transport, Inc., M. Katherine Freed

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    Enforcing Environmental Law in an Unequal Market: The Case of Concentrated Animal Feeding Operations , Paul Stokstad

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    Enriching the NRC's Plausible Strategy Precedent: Another Uranium Enrichment Facility Permit is Approved. Nuclear Information and Resource Service v. Nuclear Regulatory Commission , Andrew Reed

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    Environmental Compliance: Negotiating the Regulatory Maze, Richard F. Chatfield-Taylor

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    Environmental Consultants Beware: The Eighth Circuit Has Unearthed CERCLA's Strict Liability Standard. K.C. 1986 Ltd. Partnership v. Reade Mfg., Susan Murphy

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    Environmental Dispute Resolution: Combining Settlement Mechanisms for Transnational Enforcement of International Environment Disputes , Victoria C. Dawson

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    Environmentalism: A Symbiotic Relationship Between a Social Movement and U.S. Law?, Claire Riegelman

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    Environmental Justice and TSD Sting Policies: Title VI is the Plaintiffs' Newest and Best Weapon, but will it Succeed in Missouri , Don Willoh and Tom Collins

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    Environmental Justice Issues in Sustainable Development: Environmental Justice in the Renewable Energy Transition, Uma Outka

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    Environmental Law, Civil Rights and Sustainability: Three Frameworks for Environmental Justice, Eileen Gauna

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    Environmental Law, Episode IV: A New Hope? Can Environmental Law Adapt for Resilient Communities and Ecosystems?, Craig Anthony (Tony) Arnold

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    Environmental Law Updates

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    Environmental Law Updates

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    Environmental Law Updates

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    Environmental Law Updates

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    Environmental Law Updates

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    Environmental Law Updates

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    Environmental News

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    Environmental News

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    Environmental News

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    Environmental News

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    Environmental News

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    Environmental Updates

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    Environmental Updates

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    Environmental Updates

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    Environmental Updates

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    Environmental Updates

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    EPA, Outer Continental Shelf Sources, and Deference Resisting Environmental Destricution on Indigenous Lands, The, Sarah Melz

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    EPA's Failure to Administer the NPDES Permit System Leads to a Judicial Mugging. Sierra Club, Lone Star Chapter v. Cedar Point Co., Inc., Daniel C. Mizell

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    Europe's Role in Alternative Dispute Resolution: Off to a Good Start?, Maud Piers

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    Expanding Agency Authority: Administrative Agencies may Interpret Issues of their own Jurisdictions and Assess Penalties against Asbestos Disposal Sites Disproportionate to their Offenses. Lyon County Bd. of Comm'rs v. U.S. EPA , Leah M. Clubb

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    Exploring the Abstact: Patent Eligibility Post Alice Corp v. CLS Bank, John Clizer

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    Extramarital Relationships and the Theoretical Rationales for the Joint Property Rules – A New Model, Yitshak Cohen

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    Faculty List

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    Faculty List

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    Faculty List

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    Federal Agency Action Subject to Section 7(A)(2) of the Endangered Species Act , Steven G. Davison

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    Federal Contractors, Title VII, and LGBT Employment Discrimination: Can Religious Organizations Continue to Staff on a Religious Basis?, Carl H. Esbeck

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    Federal Court Affirms the Destruction of Louisiana's Coastal Marshlands. Barasich v. Columbia Gulf Transmission Co., Darryl Chatman

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    Federal Preemption and the AEA: How Federal Preemption Law "Nukes" State Law That Affects Nuclear Waste, Scott S. Smith

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    Federal Preemption under the Clean Air Act: A Loss for the Environment but not Necessarily a Victory for Diesel. Engine Manufacturers Association v. South Coast Air Quality Management District, Joshua N. Corman

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    Federal Tax Treatment of Environmental Clean-up Costs: An Ever Changing Doctrine , Joan M. Swartz

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    Fight for Your Right: Nebraska's Bifurcated Water Rights System Leads to Disputes over Appropriation Determinations. Upper Big Blue Natural Resources District v. State Department of Natural Resources, Chelsea R. Mitchell

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    Fighting Hidden Discrimination: Disparate Impact Claims Under the Fair Housing Act, Sean Milford

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    Forcing the Issue: Applying a Statute of Limitations to Challenges of Agency Inaction under the Endangered Species Act. Missouri v. Secretary of the Interior, Steven J. Blair

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    Fueling Debate: The Ninth Circuit's Order to Reevaluate Fuel Efficiency Standards for Lightweight Trucks. Ctr. for Biological Diversity v. Nat'l Highway Traffic Safety Admin., Michael Quillin

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    Future of Mandatory Employee Arbitration Agreements, The, Marcy Greenwade

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    Genetically Modified Insects: Why Do We Need Them and How Will They Be Regulated?, Michael J. Donovan

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    Global Integrationist Multimodality: Global Environmental Governance and Fourth Generation Environmental Law, Andrew Long

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    Global Warming & Common Law Tort Claims: Did the Fifth Circuit Open up Pandora's Box. Comer v. Murphy Oil USA, Thomas C. Smith

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    Good Pretrial Lawyering: Planning to Get to Yes Sooner, Cheaper, and Better, John M. Lande

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    Greater Protection: Missouri Says No to Possible Asbestos Contamination due to NESHAP and Possible RCRA Violations. Families for Asbestos Compliance, Testing and Safety v. City of St. Louis, Missouri, Erin P. Seele

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    Great Lakes Water Quality Agreement: Is Honesty Without Accountability or Enforcement Still Enough?, Alisa Tschorke

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    Green Jobs Myths, Andrew P. Morriss, William T. Bogart, Andrew Dorchak, and Roger E. Meiners

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    Green Mountain: A "Fleeting" Win for the States. Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie, Brianne Ardila

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    Guilty for Having Done Nothing: Passive Past Owners Face CERCLA Liability, Lisa A. Lee

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    Have the Sons Disobeyed Their Fathers? The Massachusetts' Standing Analysis after Biological Diversity. Center for Biological Diversity v. United States Department of Interior, Michael A. Moorefield

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    Head of the Class: Oxford Health Plans and the Uncertain Future of Class Arbitrability Determinations, Kevin Sack

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    Hogtied to Precedent: The Need for a Statutory Defintion of “Agricultural Stormwater Discharge” in the Clean Water Act, Allison Tungate

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    Homelessness at the Cathedral, Marc L. Roark

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    "Horton and the Who": Determining Who is Affected by the Emerging Statutory Battle Between the FAA and Federal Labor Law, James R. Montgomery

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    How Much Would You Pay for Clean Air? The Role of Cost/Benefit Analysis in Setting NAAQS , Lori C. Imsland

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    Hunting on National Wildlife Refuges: Unchecked Expansion or Fully Compatible Use?, Kurt R. Moser

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    Hurry up and Have an Accident: Comprehensive General Liability Contract Standard Pollution Exclusion Clause Includes a Temporal Element. Charter Oil Company v. American Employers' Insurance , Kevin Murphy

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    If a Regulation Falls in the Courts, and Nobody's There to Hear It… The Limited Impact of Northwest Environmental Advocates v. EPA on Federal Ballast Water Policy. Northwest Environmental Advocates v. U.S. Environmental Protection Agency., Robert A. Noce

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    If There Are Rules to Follow, Why Didn't the Department of Agriculture Follow Them? Humane Society of the United States v. Glickman, Joshua Klinger

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    Incarcerated Childbirth and Broader "Birth Control": Autonomy, Regulation, and the State, Deborah Ahrens

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    In Closing the Door to Environmental Public Nuisance Claims, did the Fourth Circuit Leave a Window Cracked? North Carolina ex rel. Cooper v. Tennessee Valley Authority, Katherine E. Vogt

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    In Defense of Disparate Impact: Urban Redevelopment and the Supreme Court’s Recent Interest in the Fair Housing Act, Valerie Schneider

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    Indigenous Adaptation in the Face of Climate Change, Elizabeth Ann Kronk Warner

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    Indoor Air Quality: Options for Regulating Environmental Tobacco Smoke, Haley M. Peerson

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    Injury in Fact, Then and Now (and Never again): Summers v. Earth Island Institute and the Need for Change in Environmental Standing Law , Cassandra Barnum

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    "In Standing is the Preservation of His World": Justice Scalia and the Varieties of Natural-Religious Experience , Don Ellinghausen Jr.

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    Institutionalizing Press Relations at the Supreme Court: The Origins of the Public Information Office, Jonathan Peters

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    International Arbitration, Judicial Education, and Legal Elites, Catherine A. Rogers

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    Internet Giants as Quasi-Governmental Actors and the Limits of Contractual Consent, Nancy S. Kim and D. A. Telman

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    Interpreting the Criminal Sentencing Provisions of the Clean Water Act: Lessening the Government's Burden of Proof at the Cost of Constitutional Rights. U.S. v. Chemetco., Inc. , David A. Brose

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    Interpreting the Wilderness Act of 1964, Gordon Steinhoff

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    Intersection of Patent Infringement and Antitrust Liability in Abbreviated New Drug Application Litigation, The, Kevin E. Noonan

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    Interview with David Shorr, Director, Missouri Department of Natural Resources, An, Tony Farrell

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    Interview with Martha Steincamp, Regional Counsel, United States Environmental Protection Agency, Region VII, An, Tom Ray

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    Investigating the Convention on Biological Diversity's Protections for Traditional Knowledge , Jennifer Amiott

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    Issue Ripe for Supreme Court Review: Whether Congress Intended to Alter the Common Law Principles of Corporate Limited Liability When Enacting CERCLA,, Constance S. Chandler and Rebecca J. Grosser

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    Is There a Need to Regulate Mussel Harvesting? The Ninth Circuit Declares No Pollution, No Problem! Association to Protect Hammersley, Eld, and Totten Inlets v. Taylor Resources, Inc., Bridget Romero

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    It is Time to Reevaulate the Toxic Release Inventory, Susan E. Dudley

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    It's Called Manufacturing: A Closer Look at Missouri's Groundwater Law. Citizens for Ground Water Protection v. Porter, Brian Hamilton

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    Judging as Judgment: Tying Judicial Education to Adjudication Theory, Robert G. Bone

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    Judicial Bias: The Ongoing Challenge, Kathleen Mahoney

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    Judicial Challenges to Missouri River Mainstem Regulation , John R. Seeronen

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    Judicial Dismissal in the Interest of Justice, Valena E. Beety

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    Judicial Education and Regulatory Capture: Does the Current System of Educating Judges Promote a Well-Functioning Judiciary and Adequately Serve the Public Interest?, S. I. Strong

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    Judicial Education: Pedagogy for a Change, T. Brettel Dawson

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    Junk Science, Environmental Risk, and Very Low Detection Levels in NPDES Permits , Todd B. Adams and Barry Michael Levine

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    Keys to Increasing Voluntary Cleanups in Missouri , George M. von Stamwitz and Norella V. Huggins

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    Last Rights Denied: Right of Sepulcher in Springing Power of Attorney for Health Care Invalidated, Alice Haseltine

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    Law and Fact Patterns in Common Law Water Pollution Cases, Peter N. Davis

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    Law of Repelling Floods in Missouri , Peter N. Davis

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    Lead Poisoning: Will Missouri's New Legislation Get the Lead Out?, Mark A. Meyer

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    Legal Journalism Today: Change or Die, Howard Mintz

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    Legislative Update

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    Legislative Update

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    Legislative Update

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    Legislative Update

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    Legislative Update

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    Legislative Update

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    Legislative Update

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    Lessons from Kindergarten: Recovering Remediation Costs under the Citizens' Suit Provision of the Resource Conservation and Recovery Act , Eugene P. Schmittgens Jr. and Douglas E. Nelson

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    Let Me In: The Right of Access to Business Disputes Conducted in State Courts, David W. Brown

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    Liability for Cost of Litigation that Accrue after Litigation Is Complete: Costs Associated with Monitoring Compliance with Established Consent Decrees are Part of Litigation Costs. Sierra Club v. Hankinson, C. Travis Hargrove

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    Lighting in a Bottle: Using Tax Policy to Solve Renewable Energy's Storage Challenges, Roberta F. Mann

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    Lingering Hazardous Chemicals: Missouri’s Step Toward Accountability in the Face of Corporate Market Ubiquity, Adam Ellis

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    Lobato v. Taylor: Torrens Title Lost to Legal Fictions , Todd Barnet

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    Long Live Volumetric Apportionment: Will Courts follow Burlington Northern: The Mystery Continues! United States v. NCR Corporation, Arsenio L. Mims

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    Looking the Gift Horse in the Mouth: Wild Horse Management in Ozark National Scenic Riverways. Wilkins v. Lujan , Sarah Madden

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    Making Judge-Speak Clear Amidst the Babel of Lawspeakers, Michael A. Wolff

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    Making the Grade: The Role of Conservation Agreements in Complying with Environmental Law Mandates. Selkirk Conservation Alliance v. Forsgren, R. Marissa Albert

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    Making the Right Step Under the Wrong Authority: Kansas's Expansion of CERCLA to Include State Statutes of Repose, Jafon Fearson

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    Making the Waters a Little Murkier: Broadening the Endangered Species Act at the Expense of the Clean Water Act. Defenders of Wildlife v. United States Environmental Protection Agency , Erik G. Holland

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    Many Facts, Little Law: Confusion Remains in the Law of Takings After Del Monte Dunes. City of Monterey v. Del Monte Dunes at Monterey, Ltd. , Kristin Krebs

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    Marketing Green to Grab Green: FTC More Aggressive in Pursuit of Unsubstantiated “Environmental” Marketing Claims, Bradley D. Medcalf

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    Masthead

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    Masthead

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    Masthead

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    May the EPA Condition Approval of State Proposals for Administering the NPDES on Adherence to Criteria not Enumerated in the Clean Water Act? American Forest & Paper Association v. EPA, William C. Ellis

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    MDNR's Toolbox for Encouraging Compliance: Title V Permits, Compliance Assurance Monitoring, Periodic Monitoring, the Credible Evidence Rule and Compliance Certifications , Robert J. Lambrechts

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    Mercury Rising? Fifth Circuit Applies Administrative Laws Retroactively Deep in the Heart of Texas. Sierra Club, Inc. v. Sandy Creek Energy Assoc., L.P., Kristen R. Michael

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    Meth Labs: "Cooking" up Environmental Disaster. U.S. v. Pinnow , Jennifer Wieman

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    Missouri Abolishes the Corroboration Rule and the Destructive Contradictions Doctrine: A Victory for Victims of Sexual Assault?, Kristen L. Stallion

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    Missouri and the Charter School Puzzle: A Story with an Uncertain Ending, Jillian Dent

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    Missouri Attorney General Enforcement Actions

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    Missouri Attorney General Enforcement Actions

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    Missouri Attorney General Enforcement Actions

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    Missouri Attorney General Enforcement Actions

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    Missouri Attorney General Enforcement Actions

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    Missouri Court Limits the Reach of the Pollution Exclusion, Kelly Gorman

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    Missouri Legislative Update

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    Missouri River Reservoirs in a Century of Climate Change: National or Local Resource?, John H. Davidson

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    Missouri's 303(d) List Now a "Rule": Is This Good for Missouri's Waters, Good for Agriculture, or No Good at All? Missouri Soybean Association v. The Missouri Clean Water Commission , Clare N. Murphy

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    Missouri's Coal Industry Under Fire: Has the Time Come for the Regulation of Missouri's Charcoal Producers?, John Ellis

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    Missouri’s School Transfer Law: Not a Hancock Violation but a Mere Bandage on Wounded Districts, Kimberly Hubbard

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    Missouri's Single-Subject Rule: A Legal Tool to Block Environmental Legislation? National Solid Waste Ass'n, et al. v. Director of the Department of Natural Resources, Harold Stearley

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    Municipal Incinerator Ash Regulated as a Hazardous Waste under RCRA: Costs and Options. City of Chicago v. Environmental Defense Fund, Jackie Hamra

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    Murky Waters: The Supreme Court's Decision on Navigability and It's Implications on Judicial Power. PPL Montana, LLC v. Montanta, Paul Conklin III

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    Narrowing Navigable Waters: The Fifth Circuit Limits Federal Jurisdiction under the Clean Water and the Oil Pollution Acts. In re Needham, Lorraine C. Friedlein Buck

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    Navigating the Health Insurance Exchanges: Will State Regulations Guide Consumers or Chart Them Off-Course?, Kirsten Dunham

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    NEPA's Procedural Requirements: Fact or Fiction? Kuff v. United States Forest Service , Brian LaFlamme

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    New Directions for the Missouri Attorney General's Office, Timothy P. Duggan

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    New EPA Rule Clarifies Lender Liability for Response Costs under CERCLA, but Is It Enough, Jon D. Perkins

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    Ninth Circuit Digs Deep When Reviewing Forest Service Decision. Ecology Center, Inc. v. Austin, Seth D. Oksanen

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    No Looking Back: The Western District Court of Appeals Declares That Missouri's Creation of a 303(d) List Does Not Qualify as Rulemaking. Missouri Soybean Association v. Missouri Clean Water Commission, Steven J. Blair

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    No PRP Left Behind: The Tenth Circuit Allows Non-Settling PRPs to Intervene as of Right in CERCLA Consent Decree Actions. United States v. Albert Investment Co., Katie Jo Wheeler

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    Nothing New Under the Sun: The Minimalism of Chief Justice Roberts and the Supreme Court's Recent Environmental Law Jurisprudence , Damien Schiff

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    Notice and Remedies in Copyright Licensing, B. J. Ard

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    Not Playing Games: Eighth Circuit's Response to CERCLA Contribution in Light of Aviall. Atlantic Research Corp. v. United States, Robert Cornejo

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    No, You Can't: The Ninth Circuit Says "No" to Change. Natural Resources Defense Council v. Environmental Protection Agency, R. Caleb Colbert

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    Obstacles to the Formation of Solid Waste Landfills in Missouri , Anthony P. Farrell

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    Off-Road and Into Court: The Tenth Circuit Appropriately Allows Environmentalists' Challenges to the Bureau of Land Management's Failure to Prevent ORV Impairment to Federal Lands. Southern Utah Wilderness Alliance v. Norton, Thomas Schmid

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    Of Judges, Law, and the River: Tacit Knowledge and the Judicial Role, Chad M. Oldfather

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    Of Square Pegs, Round Holes and Recalcitrants Lying in the Weeds: Superfund's Legal Lessons for Everglades Restoration , Alfred R. Light

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    Omnes Vulnerant, Postuma Necat; All the Hours Wound, the Last One Kills: The Lengthy Stay on Death Row in America, Mary Elizabeth Tongue

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    One Little Word can Make all the Difference: Literal Interpretation Leads to Lake Destruction. Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, Jessica Adams

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    On the Basis for Creation of a New Method of Defining International Jurisdiction in the Arctic Ocean, Barry Hart Dubner

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    Opening Remarks, October 4, 2013 Symposium: Resolving IP Disputes: Calling for an Alternative Paradigm, James Levin

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    OSHA - What's New at a Twenty-Something Agency: Workplace Environmental Hazards, JoAnne Levy

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    Painting a Historical Picture of Pollution Exclusion Clauses: Courts Should Enforce Clauses as Written. Hartford Underwriters Insurance Co. v. Estate of Turks, Kelly Shamel

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    Paper or Plastic? The Importance of Effective Environmental Review of Ordinances Regulating the Use of High Consumption Consumer Products. Save the Plastic Bag Coalition v. City of Manhattan Beach, Chris Strobel

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    Past Is Prologue: Recent Carbon Regulation Disputes in Europe Shape the U.S. Carbon Future , Cameron Ferrey and Steven Ferrey

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    Patent Prosecution as Dispute Resolution: A Negotiation between Applicant and Examiner, Jaron Brunner

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    Photo Identification at the Ballot: Election Protection or Voter Suppression?, Sean Milford

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    Pig in a Poke: Missouri Draws Tenuous Line between Public Health and Zoning Ordinances in Allowing County Regulation of Concentrated Animal Feeding Operations. Borron v. Farrenkopf, William C. Ellis

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    Plain Language Interpretation Gone Awry: The New Paradigm of Pesticides, Water Pollution, and the Inefficient, Ineffective Overlap of Statutory Schemes. National Cotton Council of America v. EPA, Michael C. Risberg

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    Plurality Influence: Reed Elsevier and the Precedential Value of Bazzle on Class Arbitrability, Kevin P. Sack

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    Point: A Self-Evaluation Privilege Will Enhance Environmental Compliance in Missouri , Bradley S. Hiles

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    Possession is not Nine-Tenths of the Law: An Exploration of the Ninth Circuit's Decision in San Pedro Boatworks. City of Los Angeles v. San Pedro Boatworks, Trever Neuroth

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    Post-Kyoto Stress Disorder: How the United States Can Influence International Climate Change Policy , Derald J. Hay

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    Postponing the Inevitable: The Supreme Court Avoids Deciding Whether the Migratory Bird Rule Passes Commerce Clause Muster. Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, Tanya M. White and Patrick R. Douglas

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    Prairie Winds: A Look at Commercial Wind Farm Regulation Within Kansas. Zimmerman v. Board of County Commissioners of Wabaunsee County, Jonathan R. Austin

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    Preserving the Nation's Fisheries: Attempts to Take Away what the United States Granted the Indians. Midwater Trawlers Co-operative v. Department of Commerce, Haley M. Peerson

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    Press Freedom and Coverage in the U.S. and Kosovo: A Series of Comparisons and Recommendations, Ben Holden

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    Pressure to Plead: How Case-Management Mediation Will Alter Criminal Plea-Bargaining, Taylor C. Leonard

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    Private Attorney Generals Need Attorneys' Fees to Protect Our Environment. Ohio River Valley Environmental Coalition, Inc. v. Green Valley Coal Co., Hannah Tien

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    Private Cost Recovery Actions, Insurance Claims and the Missouri Underground Storage Tanks Fund, Sheldon D. Korlin

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    Probable Intent vs. Certainty: The Missouri Probate Court and the Uniform Probate Code, Stephanie Pierce

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    Probable Intent vs. Certainty: The Missouri Probate Court and the Uniform Probate Code, Lynsey Russell

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    Property Damage in the Environmental Context: When Contaminated Carbon Dioxide Contaminates Carbonated Drinks. National Union Fire Ins. Co. of Pittsburgh, P.A. v. Terra Industries, Inc. , Adam Kruse

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    Proposed Methodology for Developing a Groundwater Classification System in Missouri , Greg Moldafsky

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    Protecting Ecosystems Using Conservation Tax Incentives: How Much Bang do we get for our Buck?, Julia LeMense Huff

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    Protection of the Environment During Armed Conflict , Roman Reyhani

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    Protection of Traditional Biodiversity-Related Knowledge: Analysis of Proposals for the Adoption of a Sui Generis System , Eliana Torelly de Carvalho

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    Public Health and Safety Exception: Finding a "Position of Trust" Where None Exists. United States v. Snook, John R. Griffith

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    Public Injunctions as a Way around Concepcion: California's Continued Resistance to the Federal Arbitration Act, Elizabeth Kiesewetter

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    Real Results for the Real World: Steve Mahfood Brings his Experience and Philosophy to the Missouri Department of Natural Resources , Andrea Mazza

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    Reassessing "Overfiling"--Can the EPA Punish Violators under RCRA when a State has Already Taken Action? United States v. Power Engineering Co., Adam Kruse

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    Recent Environmental Law News

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    Reckoning with Rapanos: Revisiting "Waters of the United States" and the Limits of Federal Wetland Regulation , Jonathan H. Adler

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    Reconceptualizing Environmental Challenges—Is Resilience the New Narrative?, Melinda Harm Benson

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    Recovery of Monitoring Costs Under the OPA: Money for Nothing. United States v. Hyundai Merchant Marine Co., Ltd., Shannon N. Vahle

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    Recreational Use of Watercourses, Peter N. Davis

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    Redefining CERCLA Arranger Liability: Making the Responsible Party Pay. United States v. TIC Investment Corporation , Marc D. Poston

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    Refining Regulation: The Oil Refinery Regulatory Framework after the Energy Policy Act of 2005 , Christopher J. Koschnitzky

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    Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views on the Enforceability of Coerced Spousal Guaranties in Commercial Lending, Alexander Hurst

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    Regulating Climate Change Risk at the Local Level - The Denver Experience: Greenprint or Greenwash?, Romulo Silveira da Rocha Sampaio

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    Regulatory Takings: The Supreme Court Eliminates the Substantially Advances Test from Takings Jurisprudence. Lingle v. Chevron U.S.A. Inc., Darryl Chatman

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    Regulatory Takings - The Weak and the Strong, J. Patrick Sullivan

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    Reimbursement for Voluntarily Cleaning up Your Mess? The Seventh Circuit Says Yes under CERCLA. Metropolitan Water Reclamation District of Greater Chicago v. North American Galvanizing & Coatings, Inc., Nikki Mullins

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    Requiring Environmental Information Disclosure on the Deed: Shining the Light on Residential Transactions , Russell James III

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    Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood

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    Restoring Tradition: The Inapplicability of TVA v. Hill's Endangered Species Act Injunctive Relief Standard to Preliminary Injunctive Relief of Non-Federal Actors , Brandon M. Middleton

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    Riding on the CERCLA-Cycle: Is the Third Circuit Backpedaling? E.I. DePont de Nemours & Co. v. U.S., Sheila Needles

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    Right-to-Farm Statute Runs a 'Foul' with the Fifth Amendment's Taking Clause. Bormann v. Board of Supervisors in and for Kossuth County, William C. Robinson

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    Rise of the Super-Legislature: Demanding a More Exacting Monetary Exaction, Theodore Lynch

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    Secular vs. Sacred: NEPA Again Proves to be an Ineffective Tool to Protect Sacred Land. Pit River Tribe, et al. v. United States Forest Service, et al., Joshua K. Friel

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    Setting a Better Standard: Evaluating Jail Officials’ Constitutional Duties in Preventing the Sexual Assault of Pretrial Detainees, Blair A. Bopp

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    Setting the Docket: News Media Coverage of Our Courts – Past, Present and an Uncertain Future, Gene Policinski

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    Settling Environmental Cleanup Cases with Multiple PRP's under CERCLA: If One Party Jumps off the Bridge in Favor of Settlement, You Should Follow. In re. Tutu Water Wells CERCLA Litigation, C. Travis Hargrove

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    Should Missouri Farmers of Genetically Modified Crops be Held Liable for Genetic Drift and Cross-Pollination?, Stephen M. Scanlon

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    “Sink or Swim Together”: How the Recent Challenge to California’s Fuel Regulations Could Have Wide-Reaching Effects, Patrick Logan

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    Snowmobiling in Voyageurs National Park: The Eighth Circuit Gives One Answer Amidst a Blizzard of Controversy. Voyageurs National Park Association v. Norton, Lindsay Counte

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    Solar Energy Policy in Canada: An Overview of Recent Legislative and Community-Based Trends toward a Coherent Renewable Energy Sustainability Framework , Kamaal R. Zaida

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    Sovereign Immunity and State Implementation Plans: The Success (or Failure) of Citizen Suits under the Clean Air Act. Sierra Club v. Tennessee Valley Authority, Natalie M. Brinkholder

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    Standing Alone: The Fight to Get Citizen Suits under the Clean Water Act into the Courts. Ailor v. City of Maynardville, Ben McIntosh

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    Standing for Potentially Responsible Parties under Sec. 107 and 113 of CERCLA: Laidlaw Waste Systems Inc. v, Mallinckrodt Specialty Chemicals , Edward S. Stevens

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    Stand with Sam: Missouri, Survivor Benefits, and Discrimination Against Same-Sex Couples, Lesley A. Hall

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    State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, and B. Cory Lee

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    State Sponsored Global Warming Litigation: Federalism Properly Utilized or Abused?, Joseph Forderer

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    Stop the Beach Renourishment: Why Judicial Takings May Have Meant Taking a Little too Much. Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, Rachel S. Meystedt

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    Storage Portfolio Standards: Incentivising Green Eenrgy Storage, Victoria Johnston

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    Striking the Right Balance: The Contrasting Ways in which the United States and China Implement National Projects Affecting the Environment , Pamela Howlett

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    Suing Pesticide Manufacturers?: Federal Preemption Still Prevails in the Eighth Circuit. Netland v. Hess & Clark, Inc., Bridget Romero

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    Suit Up!: Favoring Lenders Over Borrowers, Eighth Circuit Requires Lawsuit Commencement to Effect TILA Rescissions, Timothy M. Guntli

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    Super Crops or a Super Problem? The Battle over Bt Corn. Monsanto Company v. Bayer Bioscience N.V., Lee Stockhorst

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    Supreme Court Decision Allows the EPA to Flex its Muscle and Trump State Permitting Authorities. Alaska Department of Enrivonmental Conservation v. Environmental Protection Agency, Patrick A. Bousquet

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    Supreme Court Decision on Juvenile Sentencing Results in Cruel and Unusual Difficulties for Missouri, Andrew Peebles

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    Sustainability as a Means of Improving Environmental Justice, John C. Dernbach, Patricia E. Salkin, and Donald A. Brown

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    Sustaining a Jurisdictional Quagmire (?): Analysis and Assessment of Clean Water Act Jurisdiction in the Third Circuit. The United State of America v. Donovan, Ryan Niehaus

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    Swing and a Miss: The Missouri Court of Appeals Attempts to Interpret Delaware Corporation Law. HCI Investors, LLC v. Fox, David Ferguson

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    Table of Contents - Issue 4

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    Taking Claims: Are the Federal Courts Truly Open? John Corporation v. City of Houston, Joel Block

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    Taking Criminal Liability of Negligent Actors One Step Too Far. United States v. Hanousek, Tanya White

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    Taking on Water: The Supreme Court Rejects a Temporary Flooding Exception to Fifth Amendment Notes, Elizabeth Judy

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    Takings Care of Business: Using Eminent Domain for Solely Economic Development Purposes, Garreth Cooksey

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    Taking Words for Granted: Why Congress Should Expressly Define Terms within the ESA's Takings Provision, Douglas T. Cohen

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    Tax Benefits, Property Rights, and Mandates: Considering the Future of Government Support for Renewable Energy, Alexandra B. Klass

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    Terrorist Attacks & NEPA: The Third Circuit Creates a Split in Authority. New Jersey Department of Environmental Protection v. NRC, Thomas C. Smith

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    The Application of RFRA to Override Employment Nondiscrimination Clauses Embedded in Federal Social Services Programs, Carl H. Esbeck

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    The Art, Craft, and Future of Legal Journalism: A Tribute to Anthony Lewis , Richard C. Reuben

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    The Beans of Wrath: Genetic Patent Holders Reap Further Protection. Monsanto Co. v. Bowman, Burke Binbeutel

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    The Bush Administration's Attack on the Environment; Target: NEPA's Environmental Impact Statement, Whitney Deacon

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    The Case Against Smoking Bans, Thomas A. Lambert

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    The Clean Air Act's Accidental Release Program: An Overview, Robert J. Lambrechts

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    The Continuing Burden of Short-Sighted Nuclear Waste Policy. Dominion Res., Inc. v. United States, Mark D. Godfrey

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    The Controversial Cormorant: The Second Circuit Defers to Agency Interpretation. Fund for Animals v. Kempthorne, Abbie Hesse Rothermich

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    The Cost of Cutting Agricultural Output: Interpreting the Capper-Volstead Act, Alison Peck

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    The Dialects and Dimensions of Sustainability, Nancy D. Perkins

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    The Door Finally Opens to Challenge Agency Decisions That Affect the Environment. Board of County Commissioners of Sumner County v. Bumby, Erin P. Seele

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    The Effect of Deminimis Polluting in the Sixth Circuit. Kalamazoo River Study Group v. Rockwell Intl. Corp. , Gary A. Troxell

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    The Effect of Wetland Restoration Agreements under the Swampbuster Act. Branstad v. Veneman, Laurie J. Widenhoff

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    The Equity Illusion of Surface Ownership in Coalbed Methane Gas; The Rise of Mutual Simultaneous Rights in Mineral Law and the Resulting Need for Dispute Resolution in Split Estate Relations , LoValerie Mullins

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    The Government Always Wins: The Government can now Recover Certain Oversight Costs under CERCLA Sec. 107. United States v. E.I. DuPont de Nemours and Company, Inc., Erin C. Bartley

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    The Hancock Amendment and the Increasing Burden on Missouri Environmental Programs. Missouri Municipal League v. State , Matthew D. Turner

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    The (Hot) Dog Days of Summer: Missouri’s “Baseball Rule” Takes a Strike, Ross H. Freeman

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    The Importance of the Geographic Origin of Agricultural Products: A Comparison of Japanese and American Approaches , Daisuke Kojo

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    The Lack of Mold Legislation: A Recipe for Disaster, Leticia M. Diaz

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    The Midwest Interstate Low-Level Radioactive Waste Compact: Its Status in Light of New York v. United States and the Low-Level Radioactive Waste Policy Amendments Act of 1985 , Wendy Hickey

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    The Missouri River Compromise: Negotiated Rulemaking as a Suggested Resolution to the River Basin Dispute, Marya Kathryn Lucas

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    The Negotiation Within: The Impact of Internal Conflict Over Identity and Role on Across-The-Table Negotiations, Robert C. Bordone, Tobias C. Berkman, and Sara E. del Nido

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    The Nile Basin Cooperative Framework Agreement: The Beginning of the End of Egyptian Hydro-Political Hegemony, Abadir M. Ibrahim

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    The Ninth Circuit's "Take" on Incidental Take Statements: A Step in the Wrong Direction? Arizona Cattle Growers' Assn. v. U.S. Fish & Wildlife, Bureau of Land Mgt., Daron G. Garey

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    The North American Agreement on Environmental Cooperation: A Summary and Discussion, Daniel D. Coughlin

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    The Path to Antitrust Success Against the NCAA Is More Limited Than You Think, Keith Starr

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    The Polluter in Bankruptcy: Obligations that "Run with the Waste." Torwico Electronics, Inc. v. State of N.J. Dep't of Envtl. Protection (In re Torwico Electronics, Inc.), Theodore A. Kardis

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    The Public Entity End Run: Government Actor's Exception to Dormant Commerce Clause Considerations. United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Management Authority, Ryan Tichenor

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    The RCRA/CERCLA Debate: Application of State Standards at Federal Hazardous Waste Sites. United States v. Colorado, Alyse Hakami

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    The Reality of NEPA: Can the Act Realize its Potential. Great Rivers Habitat Alliance v. U.S. Army Corps of Engineers, Jennifer Wieman

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    The Regulation of CO2 Emissions Caused by Private Households - An Analysis of the Legal Situation in the European Union and Germany, Thomas Daniel Wuertenberger

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    The Relationship Between Standing and Intervention: The Tenth Circuit Answers by "Standing" Down. San Juan County v. United States, Eric S. Oelrich

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    There Must be a Better Way: The Unintended Consequences of Missouri’s Hancock Amendment. Zweig v. Metropolitan St. Louis Sewer District, Kimberly Hubbard

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    The Rigorous Romantic: Anthony Lewis on the Supreme Court Beat, Linda Greenhouse

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    The Road to Nowhere: The Ninth Circuit Upholds Nation-Wide Protection of Inventoried Roadless Areas in National Forests. California ex rel. Lockyer v. USDA, Danielle Hofman

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    The Saga of the Pollution Exclusion Clause: How a "Sudden" Change Occurred Gradually, Thad R. Mulholland

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    The Strong Arm of CERCLA: EPA Allowed Free Reign to Recoup Cleanup Costs. United States v. W.R & Grace, Inc., Amy L. Ohnemus

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    The Supreme Court Wades Through the Clean Water Act to Determine What Constitutes the "Waters of the United States." Rapanos v. United States, Lakshmi Lakshmanan

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    The Taking of the Delhi Sands Flower-Loving Fly: A Commercial Clause Challenge to the Application of Section 9(a)(1) of the Endangered Species Act. National Ass'n of Home Builders v. Babbitt, Stacy Nagel

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    The Times are They a-Changin'?: What Kivalina says about the State of Environmental "Political Questions." Native Village of Kivalina v. ExxonMobil Corp. , Michael A. Moorefield

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    The Wild and Scenic River Act's Mandatory Comprehensive Management Plans: Are They Really Mandatory? Newton County Wildlife Ass'n v. United States Forest Serv., Douglas L. McHoney

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    Third-Party Harms, Congressional Statutes Accommodating Religion, and the Establishment Clause, Carl H. Esbeck

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    Those Darn Little Bats: How the Endangered Species Act Halted Timber Salvage Harvests on National Forestland Once Again. Bensman v. United States Forest Service, Benjamin A. Joplin

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    “Throwing the Baby Out With the Bathwater”: Parenting Coordination and Pennsylvania’s Decisions to Eliminate its Use, Sophie B. Mashburn

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    Title VII Works - That's Why We Don't Like It, Chuck Henson

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    To Instruct, or Not to Instruct, That Is the Question, Jared Guemmer

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    To Intervene or Not to Intervene: The Right of Non-Settling PRPs to Intervene in CERCLA Litigation. United States v. Union Electric Co. , Erick Roeder

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    To Rule or Not to Rule: Ripeness as a Prerequisite to Ruling in Federal Regulatory Takings Cases. Hendler v. United States, Todd C. Werts

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    To Tell or Not to Tell: Latent Environmental Defects and the Doctrine of Caveat Emptor in Real Property Sales, Lisa J. Hamm Winnenauer

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    Towards a New Paradigm of Judicial Education, Mary R. Russell

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    True Access to the Courts for Citizens Working to Protect Natural Resources: Incorporating Attorney's Fees into the Minnesota Environmental Rights Act , Michael Wietecki

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    Turtle Power: The Ninth Circuit Avoids a Tragedy on the High Seas. Turtle Island Restoration Network v. National Marine Fisheries Service, Elizabeth P. McNichols

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    Two Tests of Severance: Procedural and Substantive Constitutional Violations and the Legislative Process in Missouri, Jonathon Whitfield

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    Unbridled Power and the Wild Horses and Burros Act. Fund for Animals, Inc. v. U.S. Bureau of Land Management, Amy Gleghorn

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    Uncommon Law: Ruminations on Public Nuisance , Richard O. Faulk

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    Unconstitutionality of the Missouri Legislative Veto: An Environmental Group's Effect on the Constitutional Landscape. Missouri Coalition for the Environment v. Joint Committee on Administrative Rules, Stephen Davis

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    Unwise Beats Uninformed: The Rock, Paper, and Scissors of NEPA Challenges, Amie Coleman

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    Upping the Ante: Fines for Ignoring EPA Information Requests Unlikely to Be "Excessive" in Sixth Circuit. United States v. Gurley , Jason M. Scherer

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    Upwind Battle: The EPA Tests the Limits of Its Statutory Authority again, An, Elizabeth Moeller

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    Victims of Substantiated Child Abuse: Missouri’s New Reasonably Ascertainable Creditors, Alice Haseltine

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    Waiving Good-Bye to Environmental Laws Along the Arizona Borderlands. Defenders of Wildlife v. Chertoff , Tana M. Sanchez

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    Washing Machines, Water Efficiency, and Federal Preemption: California's Quest to Regulate Water Consumption Under the EPCA. California Energy Commission v. Department of Energy , Kameron M. Lawson

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    Waste Not, Want Not: Low-Level Radioactive Waste and the United States' Need for a Revised System of Disposal. EnergySolutions, LLC v. Utah, Mark A. Abbott

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    Waste Not, Want Not: Upholding the Integrity of Interstate Compacts. State of Nebraska v. Central Interstate Low-Level Radioactive Waste Compact Commission, Kevin M. Johnson

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    Water, Water, Everywhere?: Legal Structures for the Contracting and Privatization of Public Water Resources , Aldo Davila and Andrew Whitford

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    “We Buy Houses”: A Foreclosure Rescue as the Solution to the Trapped Homeowner Equity Problem, Cori Harvey

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    “We Buy Houses”: Market Heroes or Criminals?, Cori Harvey

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    What Actions Cause One to be a Generator in Order to be Exempted from the Resource Conservation and Recovery Act? United States v. Sims Bros. Constr., Inc. , Leecia D. Carnes

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    What Does a Pallid Sturgeon Say when it runs into a Cement Wall? "Dam!" The Interminable Revision of the Missouri River Master Manual , Tim Garrison

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    What Does "Contamination" Mean? The Second Circuit's Approach to an Insurance Policy's Contamination Exclusion. Parks Real Estate Purchasing Group v. St. Paul Fire and Marine Ins. Co., Robert Cornejo

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    What Does Environmental Justice Mean in an Era of Global Climate Change?, Michael B. Gerrard

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    What Happened?: U.S. District Court Rules CERCLA Not Retroactive and Unconstitutional under the Commerce Clause. United States v. Olin Corp. , Mitch Burgess

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    What is the "Hard Look" that the Ninth Circuit is Looking for when Reviewing United States Forest Service Actions under NEPA? Native Ecosystems Council, et al. v. United States Forest Service, et al., Devin Kirby

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    What Judges Want and Need: User-Friendly Foundations for Effective Judicial Education, Duane Benton and Jennifer A.L. Sheldon-Sherman

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    What's in a Label? FIFRA Regulations and the Preemption of State Tort Claims of Label Misrepresentation. Indian Brand Farms, Inc. v. Novartis Crop Protection, Inc., Kristin R. Michael

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    What the Frack?! How Local Zoning Laws Keep Dangerous Mining Techniques off Our Property, Scott Martin

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    When Arbitration Agreement Provisions Time Travel: Illusory Promises and Continued At-Will Employment in Baker, Richard C. Byrd

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    When Does Unethical Become Criminal?: Interpreting the Gratuity Provision of 18 U.S.C. Sec. 201. United States v. Sun-Diamond Growers of California, Karen M. Linder

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    When Liability Can Attach for Remaining Passive: Construction of the Term "Disposal" under CERCLA. Crofton Ventures Limited Partnership v. G & H Partnership , Jason L. Cordes

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    When Policy Trumps the Text: How Ambiguous Statutes Allow the Courts an Opportunity to Further Congressional Intent. Cooper Industries, Inc. v. Aviall Services, Inc., Ben McIntosh

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    When the Clean Air Act Fails a Public Nuisance May Help. North Carolina ex rel. Cooper v. Tennessee Valley Authority, Kevin Dothager

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    Where are we going to put all of this Junk? The Ninth Circuit Dismisses an Attempt to Construct a Large Landfill in Southern California. National Parks & Conservation Association v. Bureau of Land Management, Aaron Sanders

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    Who's Footing the Bill for the Attorneys' Fees?: An Examination of the Policy Underlying the Clean Water Act's Citizen Suit Provision. Saint John's Organic Farm v. Gem County Mosquito Abatement District, Mary Cile Glover-Rogers

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    Why Only Gideon?: Martinez v. Ryan and the “Equitable” Right to Counsel in Habeas Corpus, Emily Garcia Uhrig

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    Why the Supreme Court has Fashioned Rules of Standing Unique to the Establishment Clause, Carl H. Esbeck

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    Wind Power and Patent Law: How the Enforcement of Wind Technology Patents May Lead to Restricted Implementation in the US, and Necessary Solutions., Chris Strobel

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    Winter Wonderland: Intervention, Endangered Species and Snowmobiling in Voyageurs National Park. Mausolf v. Babbitt , Rebecca Williams

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    Win the War but Lose the Battle: Is the Federal Government Liable for Waste Resulting from Private Production of Contracted for WWII-Era War Materials? U.S. v. Shell Oil Co., Allan Zugelter

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    With Liberty and Environmental Justice for All: A Decade at the Nuclear Regulatory Commission, Tyson R. Smith

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    Words Speak Louder than Actions: Ninth Circuit Narrows Exception to Plain Meaning Interpretation of SIP's. Safe Air for Everyone v. EPA, Ryan Westhoff

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    Writing Reasoned Decisions and Opinions: A Guide for Novice, Experienced, and Foreign Judges, S. I. Strong

    PDF

    You Can't Do That Anymore: Establishing and Limiting Nonconforming Uses in Missouri Zoning Law. Rose v. Board of Zoning Adjustment, Jeffrey R. Schmitt

 
 
 

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