DigitalCommons@Pace

    The Most Fundamental Change in the Criminal Justice System: The Role of the Prosecutor in Sentence Reduction

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    As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion

    Evaluating the Use of Alternative Dispute Resolution Techniques and Processes in U.S. Environmental Protection Agency Enforcement Cases: Views of Agency Attorneys

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    The United States Environmental Protection Agency (EPA) has been using alternative dispute resolution (ADR), most prominently in cases concerning the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund or CERCLA), since the late 1980s. While the use of ADA within the EPA is not widespread, it has become a useful tool for some EPA attorneys and the regulated community to address difficult and contentious environmental enforcement issues. Compared with other federal agencies and departments, the EPA is a leader in the use of ADR in resolving enforcement disputes

    Tort Law and Environmental Risk

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    Public Participation in Environmental Issues

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    Civil and Criminal Enforcement of the Clean Air Act After the 1990 Amendments

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    The Clean Air Act Amendments of 1990 formed one of the most sweeping revisions of any federal environmental statute in recent history. A wide array of technical improvements to existing provisions were joined with entirely new substantive programs aimed at controlling such diverse concerns as the development of new fuels, reduction of acid rain, ozone depletion, and even global warming. Aside from its ambitious substantive programs, however, the 1990 Amendments were driven by a recognition that the existing Clean Air Act had become largely unenforceable. Thus, the Amendments greatly expand the government\u27s enforcement authority, and provide a host of new enforcement options. In this article, the authors discuss these changes to the civil and criminal enforcement provisions of the Act, and examine how these revisions seem to contain a mixture of strengths and weaknesses that raise as many concerns as they do hopes that the new Act will better achieve the goal of protecting and enhancing the quality of the Nation\u27s air

    Wetlands Loss and Agriculture: The Failed Federal Regulation of Farming Activities under Section 404 of the Clean Water Act

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    Section 404 of the Clean Water Act is the single most important provision for the protection of the vital, yet dwindling wetlands resource. The application of section 404 to agricultural activities is of particular importance, since it has been these activities, particularly the draining and clearing of wetlands for agricultural purposes, that have resulted in the majority of all wetlands losses. In this article, the author discusses the narrow interpretation of 404 jurisdiction adopted by the Army Corps of Engineers and by the U.S. Environmental Protection Agency, which has left many agricultural conversion activities unregulated, and examines recent actions by these agencies which will further narrow 404 jurisdiction over agricultural lands

    Report and Recommendations Concerning Environmental Aspects of the New York State Constitution

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    The purpose of the Report is to inform and enrich understanding of environmental issues which may be considered at a Constitutional Convention (should one occur) or with respect to proposals to amend the Constitution through the legislative process

    A Pace English Class Under Prof. Horatio Nelson Drury

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    A class in english conducted by Prof. Horatio Nelson Drury. Note that the women sat mostly in the front and almost all of them were wearing hats. Clicking on any of the 3 downloads buttons on the right will give you the various options to examine the picture in detail.https://digitalcommons.pace.edu/pace-women/1007/thumbnail.jp
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