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The Snail Darter Case

Author : Kenneth M. Murchison
ISBN : UOM:39015073644042
Genre : Law
File Size : 74. 48 MB
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With the discovery of a tiny fish in a soon-to-be-flooded stretch of the Little Tennessee River, construction on a dam that had already cost taxpayers $100 million came crashing to a halt. Thanks to the Endangered Species Act of 1973, the snail darter was instantly transformed into both an icon for species preservation and a despised symbol of the environmental movement's alleged excesses. The intense legal battle that ensued over its fate was contested all the way to the Supreme Court. The 1978 decision in TVA v. Hill, the Court's first decision interpreting the Endangered Species Act, remains one of the most instructive cases in American environmental law. Affirming an injunction that prohibited the Tennessee Valley Authority from completing the Tellico Dam because it would eliminate the snail darter's only known habitat, the Supreme Court resolved an intragovernmental dispute between the TVA and the Interior Department as well as the claims of the local opponents of the dam. Kenneth Murchison reveals that the snail darter case was just one part of a long struggle over whether the TVA should build the Tellico Dam. He traces disputes over the TVA's mission back to the 1930s and intertwines this with the emergence of federal environmental law in the 1960s and 1970s, culminating in the National Environmental Policy Act and Endangered Species Act, both of which provided a statutory basis for litigating against the dam builders. He continues with an exhaustive analysis of the arguments, deliberations, and decision of the Supreme Court, based largely on original sources, before concluding with a summary of the subsequent congressional actions and administrative proceedings that ultimatelyallowed the dam's completion. By plumbing the Court's deliberations, the politics behind the law, and the way that law spurred political responses, Murchison clarifies how the story of darter and dam came to exemplify the tensions and conflict between legislative and judicial action. Even though its players were left with only partial victories, TVA v. Hill helped to define the modern role of the TVA and remains an important chapter in the development of federal environmental law. Murchison helps us better understand this landmark decision, which drew the battle lines for current debates over the environment and the policies that protect or regulate its use.

American Book Publishing Record

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ISBN : UOM:39015066180442
Genre : American literature
File Size : 39. 13 MB
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Oah Annual Meeting

Author : Organization of American Historians. Meeting
ISBN : IND:30000111022061
Genre : Historians
File Size : 74. 74 MB
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Program

Author : Organization of American Historians. Meeting
ISBN : UCSC:32106020343247
Genre : Historians
File Size : 33. 41 MB
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The Southern Historian

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ISBN : WISC:89102498144
Genre : History
File Size : 55. 32 MB
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The Snail Darter And The Dam

Author : Zygmunt Jan Broel Plater
ISBN : 9780300195262
Genre : Law
File Size : 71. 20 MB
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DIVEven today, thirty years after the legal battles to save the endangered snail darter, the little fish that blocked completion of a TVA dam is still invoked as an icon of leftist extremism and governmental foolishness. In this eye-opening book, the lawyer who with his students fought and won the Supreme Court case—known officially as Tennessee Valley Authority v. Hill—tells the hidden story behind one of the nation’s most significant environmental law battles. /divDIV The realities of the darter’s case, Plater asserts, have been consistently mischaracterized in politics and the media. This book offers a detailed account of the six-year crusade against a pork-barrel project that made no economic sense and was flawed from the start. In reality TVA’s project was designed for recreation and real estate development. And at the heart of the little group fighting the project in the courts and Congress were family farmers trying to save their homes and farms, most of which were to be resold in a corporate land development scheme. Plater’s gripping tale of citizens navigating the tangled corridors of national power stimulates important questions about our nation’s governance, and at last sets the snail darter’s record straight. /div

Aba Journal

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

The Army Lawyer

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ISBN : STANFORD:36105117924980
Genre : Courts-martial and courts of inquiry
File Size : 50. 80 MB
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Earthkeeping In The Nineties

Author : Loren Wilkinson
ISBN : 9781592443949
Genre : Religion
File Size : 52. 59 MB
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Ever since its original publication over a decade ago, Earthkeeping has presented a thought-provoking, biblically based call for responsible stewardship. In view of the continuing environmental crisis worldwide and in light of increased ecological awareness in recent years, the book's message regarding "earthkeeping" is now more pertinent than ever. This greatly revised and augmented edition of Earthkeeping updates the original edition while retaining the same breadth of perspective, reflecting the combined insights of Christian scholars in biology, physics, economics, literature, and philosophy. The book begins by laying out, with scientific precision, the state of the planet. Several chapters then carefully examine various historical and contemporary views of creation. Next the authors survey biblical and theological teaching relative to humanity's use of creation. The book concludes by offering helpful, practical guidelines for an earthkeeping ethic. Besides providing an updated "state of the planet" analysis, this revised edition of Earthkeeping deals with recent cultural and religious developments, incorporating new material, for example, on the "Deep Ecology" and "new age" movements, the Gaia hypothesis, and ecofeminism. This edition also takes into account the recent wealth of Christian thinking about the earth, including the recovery of important but neglected voices from the Christian tradition, such as Hildegard of Bingen and Celtic spirituality. At the end of the book, an expanded and updated annotated bibliography, organized according to subject area, and new indexes (of names and subjects and of Scripture references) enhance the value of Earthkeeping as a significant resource fostering better human stewardship of God's creation.

Federal Criminal Law Doctrines

Author : Kenneth M. Murchison
ISBN : 0822315106
Genre : Law
File Size : 38. 59 MB
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This book offers a close look at the development of legal thought during the era of prohibition and documents the impact of prohibition on law as an intellectual discipline. Kenneth M. Murchison examines changes in federal criminal law doctrines from 1918 to 1933 in light of recent historical scholarship on prohibition and its impact on American society. He identifies these federal doctrinal developments as an important but ignored legacy of prohibition and describes how these changes continue to effect contemporary law. In this detailed examination, Murchison considers a portion of the Supreme Court's work prior to the New Deal crisis, a period insufficiently considered until now. Among the developments he discusses are those relating to the defense of entrapment, the Fourth Amendment's protection against unreasonable search and seizure, the Fifth Amendment's prohibition against double jeopardy, property forfeitures, and the jury trial guarantees for criminal proceedings. His analysis reveals a court less rigid, less consistently divided along modern ideological lines, and more tolerant of governmental authority than traditional wisdom would suggest. Thus, Murchison offers a framework for a revisionist view of the Supreme Court's activities during this period. Exploring an important connection between the Eighteenth Amendment, the Volstead Act, and the development of federal criminal law, this book documents what was arguably the nation's first criminal law revolution at the federal level. Explaining the modern origins of doctrines that still inform federal criminal law, Murchison also provides a case study of how legal doctrine responds to changing social conditions. Federal Criminal Law Doctrines will add immeasurably to the work of historians and legal scholars alike.

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