Plain Meaning, Precedent, and Metaphysics: Interpreting the “Point Source” Element of the Clean Water Act Offense

This Article, the fourth in a series of five, examines the continuing struggles to define “point source” and “nonpoint source” under the Clean Water Act. State regulation of nonpoint sources is neither pervasive nor robust, and most continuing water pollution problems can be traced primarily to nonpoint sources. EPA should define nonpoint sources by regulation and begin to expand the definition of point source by incorporating established case law and Agency practice to bring more nonpoint sources into the point source definition

Judicial Oversight in the Comparative Context: Biodiversity Protection in the United States, Australia, and Canada

How effective are courts as policymaking institutions? Generally speaking, courts play a far larger role in American biodiversity law than they do in comparable Australian and Canadian statutory programs. As a result, studying endangered species protection offers a useful way to identify and isolate the policy impacts of judicial intervention. In the two cases I examine, the American system functioned at least as well as, and sometimes better than, the biodiversity programs in Australia and Canada. Contrary to most scholarship on the topic, lawsuits did not appear to slow the American policymaking process significantly; rather, litigation helped enforce important legal provisions and forced government officials to address critical shortcomings in their regulatory actions. At least in these cases, then, litigation acted as a productive and useful part of the policymaking process.Governmen

The Organizational Client: Attorney-Client Privilege and the No-Contract Rule

A basic issue in the law governing lawyers is the identification of an attorney\u27s client. Various duties, obligations, and rights arise from the attorney-client relationship. In the case of the individual who is a client, the answer is relatively easy. But in the case of the organizational client, the issue becomes more complex and the answers still are evolving. Indeed, the answer may differ depending on the legal context in which the question is asked and on the individual values being served

Indebtedness in Excess of Basis

The financial trauma of the 1980s has left a legacy rarely seen in the years since the Great Depression of the 1930s — indebtedness in excess of basis on farm property. While this state may be of only modest concern so long as the property is not sold or exchanged, any event requiring a realization of the gain, poses potentially serious additional income tax liability for the taxpayer

Cyber Extortion and Threats: Analysis of the United States Case Law

This article presents an analysis of the cyber extortion and threats cases brought to the United States courts. The inquiry employed content analysis to identify important elements and attributes and answers research questions concerning essential attributes, legal elements, and how do the courts interprets these offenses. The article extends the understanding of this phenomenon by providing a thorough discussion of the conceptual issues and characteristics and an analysis of the most important litigation aspects, such as intent, true threats, sentencing, and the insanity defense. The article concludes with recommendations for stakeholders, to more effectively address the phenomenon