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The Snail Darter Case

Author : Kenneth M. Murchison
ISBN : UOM:39015073644042
Genre : Law
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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
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Oah Annual Meeting

Author : Organization of American Historians. Meeting
ISBN : IND:30000111022061
Genre : Historians
File Size : 33. 60 MB
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Program

Author : Organization of American Historians. Meeting
ISBN : UCSC:32106020343247
Genre : Historians
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The Southern Historian

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ISBN : WISC:89102498144
Genre : History
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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.

Griswold Versus Connecticut

Author : John W. Johnson
ISBN : UOM:39015059253115
Genre : History
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Americans value privacy as one their most cherished rights, yet the word "privacy" isn't even mentioned in the U.S. Constitution. It took the supreme Court's ruling in "Griswold v. Connecticut (1965) to bestow constitutional protection upon this right. That remains one of the Court's most hotly debated rulings and led directly to an even more controversial decision in "Roe v. Wade (1973). John Johnson's masterly critique of Griswold-"which observes its 40th anniversary on June 7, 2005-"reminds us once again of its crucial impact on both American law and society. Johnson explores "Griswold's origins in a challenge to Connecticut's 1879 anticontraception law, provides a detailed narrative of its progress, examines the unfolding of the newly secured right of privacy up to recent controversies over same-sex relations, and grounds the story in two key contexts: the struggle within one state to establish the right to birth control and the national debate over the right of privacy. He also provides important insights into the Supreme Court decision in "Poe v. Ullman (1961), which rejected challenges to the Connecticut's law and was itself immediately challenged. In response to "poe, Planned Parenthood opened a clinic in New Haven to dispense birth control advice and devices to married women. Ten days later, a local prosecutor shut the clinic down and indicted executive director Estelle Griswold and her medical director, C. Lee Buxton. Tracing the progress of Griswold's case, Johnson clarifies how privacy or "the right to be let alone" became a judicially constructed right. In one of the most idiosyncratic opinions in the Court's history, Justice William O. Douglas ruled that "emanations" fromfive constitutional amendments afforded protection to the right of privacy, while several other justices proposed competing rationales in support. As he unravels this fascinating tale, Johnson reveals a multifaceted decision

The Army Lawyer

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ISBN : STANFORD:36105117924980
Genre : Courts-martial and courts of inquiry
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The Snail Darter And The Dam

Author : Zygmunt Jan Broel Plater
ISBN : 9780300195262
Genre : Law
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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

The Technology Review

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ISBN : UOM:39015007193140
Genre : Technology
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