| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "TORT LAW COMPENSATION ENVIRONMENTAL DAMAGE": |
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Tort Law as Compensation for Environmental Damage, 2007.
An analysis of the effectiveness of tort law with regard to providing compensation and preventing environmental damage.
2,881 words (approx. 11.5 pages), 34 sources, APA, $ 85.95
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Abstract
This paper discusses the effectiveness of tort law in providing compensation for environmental damage. It also looks at the ability of tort law to prevent environmental damage from occurring. The paper describes some of the obstacles suffered by tort law in fulfilling a central role in environmental protection, such as cost, evidence and standing and then looks at the limits to the limitations that exist in terms of tort law and environmental damage.
Table of Contents:
Developing, and Restricting an 'Environmental Tort': Issues of Locality and Use
Establishing the Causative Link and Proving Foreseeability
Further Obstacles: Evidence, Cost and Standing
Limiting the Limitations
The European Influence - Lowering the Hurdles?
Assessing the Use of Common Law Actions in Tort
From the Paper
"Today there is a propensity to think of environmental protection as attained by the volume of specific legislation, but this does not mean that the role of the common law in environmental protection has become obsolete. Although perhaps a somewhat tenuous link, it has been argued that actions in tort are able to prevent environmental harm by deterring others from engaging in the same behaviour due to a fear of having to pay damages. However, Barbara Young, the chief executive of the Environment Agency, challenges such a rationalisation, arguing "the scale of penalties levied by the courts makes pollution and prosecution an acceptable risk and an acceptable business expense" . Naturally, the extent to which the extent to this will vary according to the polluting offender involved, however it would seem unlikely that the prospect of paying damages would have the same influence as the fear of facing an environmental regulator is set standards are breached."
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The Exxon Valdez and Environmental Damage, 1995.
Reviews the current information regarding environmental engineering techniques being used in Prince William Sound, Alaska. Examines the creation and implementation of some techniques inspired by the Exxon Valdez incident.
1,800 words (approx. 7.2 pages), 12 sources, $ 63.95
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From the Paper
"The Exxon Valdez and Environmental Damage
Abstract
This article will review current information regarding environmental engineering techniques being used in Prince William Sound, Alaska. The creation and implementation of some of these techniques was inspired by the Exxon Valdez incident. There were no absolute positive correlations between bioremediation techniques used, new tanker technology, and the lessening of ecological impact. Environmental engineering appears best at studying the variables and then learning through trial and error what are the most positive steps to take."
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Modern Tort Law, 2006.
An in-depth look at whether there is a need to reform tort law in the U.S. and whether such an undertaking is feasible or necessary.
4,194 words (approx. 16.8 pages), 11 sources, MLA, $ 111.95
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Abstract
In an attempt to determine whether a need exists in the U.S. to reform tort law, this paper first takes a brief look at the history of U.S. tort law and how it has evolved and changed over time. The paper then explains what the purpose of tort law is and looks at whether tort law has a practical application in today's society. The paper points out that there is very little reference to personal responsibility in tort law and suggests that, were the courts and the law to make personal responsibility a greater part of the legal proceedings concerning injured parties, there would, in fact, be no need for tort law.
From the Paper
"Over the past several years, the body of laws governing compensation for personal injury and property damage have been substantially reconsidered as flawed and outdated. In the course of what many have advocated in the name of "tort reform," more than half of the U.S. states have revised, or attempted to revise, one or more aspects of tort liability and/or damage principles to a greater or lesser degree. Tort law is, of course, constantly evolving; every day in courts across the country, judges ? and indirectly, attorneys and jurors ? are making and (re)shaping the law. Despite efforts for reform, one still cannot overlook the nature of modern torts and fail to see shades of American common law, as they were also a part of the preceding English common law."
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Harr's "A Civil Action" Industrial Tort Law, 2001.
The real threat to big businesses of tort law and punitive damages.
1,410 words (approx. 5.6 pages), 2 sources, $ 46.95
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Abstract
This paper uses the case discussed in Jonathon Harr's book "A Civil Action" to explain the system of Anglo/American tort law--the workings and limitations of the system and the intended goals as opposed to real life actualities. It follows case facts and describes the outcome, while explaining all the ensuing legal factors. Also included is an account of the historical divergence of civil obligations and tort law.
From the paper:
"Harr?s book relates the story of a type of case that is all too sadly familiar: A large corporation (in this case actually two large corporations) contaminate the environment because it is cheaper dump solvents than to dispose of them legally. The reason that corporations are supposed to be restrained from such cheap but illegal dumping is the threat of either criminal charges being made or of civil litigation. In other words, corporations are supposed to behave themselves because if they don?t then they will get sued. But the important catch to this argument, as this book shows, is that corporations do not in fact have a great deal to fear from civil litigation. All too often, the person who wins civil litigation is the person (or corporation) who can continue to pay for a lawyer longer than the other side. The results of civil litigation have less to do with right and wrong than with whose pockets were the deepest to begin with."
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Tort Law, 2005.
A discussion on tort law and its applications.
1,350 words (approx. 5.4 pages), 2 sources, $ 53.95
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Abstract
This paper discusses the concept and definition of tort law. The paper discusses intentional, negligent, strict liability, and product liability in relation to tort law. The paper discusses the purpose of tort law and how judgements are made in regards to these types of laws within the judicial system.
From the Paper
"Running Head: Tort Law Tort Case Comparison Criminology: Tort Case Comparison Introduction In tort law, proving cause and effect is the key ingredient to winning a case. The plaintiff is responsible for proving that the defendant caused the damage, the extent of damages incurred, and the degree of liability. Some legal experts argue that tort cases are the most challenging to prove in legal proceedings. Tort law was created in an effort to protect the security, property, reputation, and financial resources of a person(s). Tort law attempts to restore the injured party to the position in which they were in prior to the tort was committed ("Tort Law", 1996, n.p.)."
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Tort Law: Assault and Battery, 2006.
A look at a legal case which falls under the category of tort law.
675 words (approx. 2.7 pages), 0 sources, $ 26.95
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Abstract
This paper provides a definition of tort law and then takes a look at a particular legal case which falls under the area of tort law. The paper describes the case and provides reasons why it should be approached under the area of tort law.
From the Paper
"As tort law is the practice of law that addresses civil wrongs, wrongs in which a person's bodily security, property, material or economic resources, and well-being of personal reputation, it would seem that this is the area that should address the case being presented. In this case, the Plaintiff, Mr. Caudle, was taking part in festivities during a workplace party. Much tomfoolery and rambunctious behavior abounded, including the foolish tossing about of an electrical device which was known to give electrical shocks to those with whom it came in contact. When Mr. Betts, president of the workplace and Defendant, put said device in contact with Mr. Caudle, the Plaintiff received an injury which has caused many medical maladies, which not only required surgical treatment, but have not yet abated completely. This court will rule on the case based on tort law, looking at how it might fit..."
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Contract and Tort Law, 2005.
A discussion regarding the legalities involved in Contract Law and Tort Law.
900 words (approx. 3.6 pages), 2 sources, $ 35.95
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Abstract
This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper
"Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
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Disposal Of Environmentally Damaging Fluids, 1995.
Discussion of state and federal regulations concerning the use and disposal of freon and other environmentally harmful fluids. Describes how freon interacts with the environment and the evolution of regulations.
1,350 words (approx. 5.4 pages), 6 sources, $ 47.95
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From the Paper
"The Disposal of Environmentally Damaging Fluids
Overview
Since 1971, the United States Environmental Protection Agency (EPA) has implemented and enforced federal environmental laws. The United States Congress passed comprehensive environmental legislation that regulated virtually every potential environmental impact resulting from manufacturing or other commercial activities (Cheney). The National Environmental Policy Act (NEPA) of 1971, established standards for all geological, air, noise, utility, light, traffic, and aesthetic areas of environmental impact (Dagodag, 1991, xi). Covered in the geological standards area is the disposal of potentially hazardous fluids. The provisions of these federal laws establish minimum national requirements and ..."
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Comprehensive Environmental Response, Compensation & Liability Act of 1980, 1996.
Assesses toxic cleanup law, provisions, fairness, costs, effects, proposals to reform program.
1,575 words (approx. 6.3 pages), 5 sources, $ 55.95
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From the Paper
"This research examines the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), with a view toward assessing current proposals before the Congress to either reauthorize, restructure or terminate the program. The CERCLA was enacted in 1980 as a mechanism for cleaning up sites across the country that were contaminated by toxins (Hoffman 4). The discovery of toxicity of significant levels at Love Canal in Western New York was a major motivation for the enactment by the Congress of the CERCLA. Had there been no discovery of the toxicity at the Love Canal site, the likelihood is that an environmental cleanup law such as the CERCLA never would have been enacted."
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English Law: Tort Negligence, 2005.
Examines the tort negligence case of Malcolm within the framework of English law.
900 words (approx. 3.6 pages), 3 sources, $ 35.95
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Abstract
This paper is a brief review of a tort case in which a young child was injured as the result of an improperly fastened load. The paper suggests that the individual who advised the proprietor on the matter was more culpable than the actual owner of the rig - and that driver, by virtue of his actions, was also culpable for the child's injuries. The paper suggests, ultimately, that restitution for the emotional duress of some of the witnesses will be inevitable.
From the Paper
"There can be little doubt that tort negligence is a significant and complex part of the legal canon. This paper will examine tort law as it relates to the particular case of Malcolm v. Neil. More specifically, this paper will examine the culpability of Malcolm (and of Neil) and attempt to determine the extent to which both parties are responsible to Peter and to Oliver and Rachel - and the extent to which Neil is responsible to Malcolm. In the final analysis, it appears that the laws governing tort negligence allow Neil very little defense for his actions. To begin with, there is t he matter of "fore-seeability". The modern conception of foreseeability dates back to 1932 when Lord Atkin, offering his opinion in the case of Donoghue v. Stevenson held that individuals "must take reasonable care to avoid acts or omissions.""
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Environmental Problems, 2007.
A study of the environmental damage caused to the Middle East's natural resources.
2,124 words (approx. 8.5 pages), 7 sources, MLA, $ 66.95
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Abstract
The paper illustrates in detail how industrial development, political changes and war in the Middle East have created a train of environmental and health problems today. It discusses the problems and notes that there have been efforts at addressing environmental degradation in the region. The paper maintains, however, that the complexity of the issue requires stronger commitment, especially in relation to legislative frameworks, resources, coordination between policies and strategies. It also points out that environmental degradation, such as wetland destruction and water depletion or loss, is also critical in countries in Asia and in Europe.
From the Paper
"Already scarce arable land is getting lost to desertification. Hazardous wastes, sewage, agricultural and other chemicals are polluting fresh water, while oil pollutes coastal zones. Coastal zone pollution, in turn, puts coral reefs, wild fowl and fishing areas at great risk. Massive and unprecedented urbanization, migration from the rural areas and resettlement of political refugees and foreign workers drain city services (VanderMeer). The great oasis of the Middle East, Mesopotamia, has lost 93% of its wetlands and what remains is now threatened to be blotted out by a war."
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Tort Reform & Business Law, 1998.
Examines the current climate for tort reform in the court system. Discusses possible implications for businesses & business law.
1,350 words (approx. 5.4 pages), 8 sources, $ 47.95
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From the Paper
"Tort Reform and Business Law
Current Events
Tort reform has not resulted in much change within the American system of law. A primary problem is that as appeals to lower court decisions about the serviceability of tort reform legislation have made their way to courts of appeal, all or part of tort reform legislation is being struck down. This is mainly because courts wish to preserve "the right to a jury trial for common-law torts without limitation" (Finzen, Haley, & Shaw, 1998). The article appearing in the February 16, 1998 issue of The National Law Journal, entitled "Illinois high court latest to nix reform law," goes a long way towards framing the difficulties inherent in tort law. It seems that while allowing juries the freedom to find for huge damages may seem ludicrous.."
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Germany?s Environmental Policy after Reunification, 2004.
This paper is evaluates the integration and achievements of Germany?s environmental policy after reunification.
9,415 words (approx. 37.7 pages), 13 sources, APA, $ 193.95
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Abstract
This paper explains that, many years ago, the development of a systematic environmental policy began in Germany; but the reunification of the two German states (Federal Republic of Germany and German Democratic Republic), in 1990 created a great new challenge for German environmental policy because of the extensive environmental damage in the former GDR and because of the major economic crisis that started during this time. The author points out that the most remarkable result of increased environmental awareness was the development of an ?eco-industry,? a new manufacturing sector that develops pollution-control devices and other environmentally useful equipment. The paper concludes that the constantly changing world of politics requires innovative strategies to keep up with these changes; therefore, all available economic resources, environmental group leadership, and public environmental support, including the Green Party, should combine to overcome the obstacles created by potential economic and environmental tradeoffs.
Table of Contents
Literature Review
A Brief Review of Germany?s Environmental History
Integration of Systems and Policies
Energy and Environmental Policy
Environmental Programs and Initiatives
Methodology
Results of Study
Organizational Structure of Environmental Protection in Germany
The Environment
Germany?s Future
Economic and Political Options for Environmental Protection in Germany
Traditional Features of German Environmental Policy
Discussion, Conclusion and Recommendations
From the Paper
"Regulations and government actions to protect nature and human beings against environmentally hazardous activities of commercial and industrial firms have a long history in Germany. Environmental protection is anchored in private and public law, including building, public health and sanitation, and police laws. The Water Rights Act and the Factories Act set the standard for many subsequent laws. The various regulations created to prevent offensive emissions from becoming a nuisance to health and property were systematized and concentrated for the first time in the Prussian Industrial Statute of 1845."
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Environmental Justice, 2005.
An in-depth study of environmental justice and environmental racism with a focus on the state of Illinois.
17,249 words (approx. 69.0 pages), 60 sources, APA, $ 249.95
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Abstract
This paper is a thorough review of the problem of environmental racism and whether it does indeed exist in Chicagoland. The paper also examines whether or not instances of environmental injustice have increased or decreased since President Bill Clinton's Executive Order 12898 was issued in 1994. The paper also attempts to determine whether the civil rights movement in general has left the environmental injustice/environmental racism agenda behind.
Table of Contents
Literature Review
Chicagoland Contaminated Sites
Environmental Racism/Environmental Injustice
Civil Rights Movement/Environmental Justice
Methodology
Results
New Handling of Environmental Remediation
Post-Executive Order 12898
Pre-Executive Order 12898 Remediation
Second Radioactive Cleanup Site
Printing Chemicals
Lead Removal at East St. Louis Sites
Illinois EPA Projects, 2004 and 2003
Activities in 2003
Activities in 2004
Activities in 2005
Discussion
From the Paper
"Within days of taking office the first time, William Jefferson Clinton initiated his 'governing by memoranda' activities. This article begins with his immediate overturning of the Bush I gag rule concerning abortion, and then went on rapidly to other birth-control issues, gays in the military and more. Because of these rapid and far-reaching actions, the concepts of policy tools has become one open to more scrutiny than before Clinton began his series of 25 presidential memoranda and 18 executive orders that "implemented the administration's reinventing government initiatives." Among the important memoranda this article analyzes was Executive Order 12898, the purpose of which "was to 'focus Federal attention on the environmental and human health conditions in minority communities and low-income communities with the goal of achieving environmental justice'." The memorandum, however, "specifically involved" civil rights laws already on the books and required to be used by federal agencies in, arguably, all the agencies' endeavors."
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