Bees, Trees, Preemption, and Nuisance: A New Path to Resolving Pesticide Land Use Disputes
- MORE THAN JUST PEANUTS. Savage, David G. // ABA Journal;Jan2005, Vol. 91 Issue 1, p16
Focuses on two U.S. Supreme Court cases to be held on trial in 2005. Bates v. Dow AgroSciences, which seeks claims for the damage of a Texas peanut farm from the use of the pesticide Strongarm manufactured by Dow; Dura Pharmaceuticals v. Broudo, which seeks action for the alleged deceit...
- BATES et al. v. DOW AGROSCIENCES LLC: certiorari to the united states court of appeals for the fifth circuit
. // Supreme Court Cases: The Twenty-first Century (2000 - Present);2009, p1
This article presents information on U.S. Supreme Court case Bates et al v. Dow AgroSciences LLC, case number 03-388, argued on January 10, 2005 and decided on April 27, 2005. The District Court rejected one claim on state-law grounds and found the others barred by section 136v(b) of article 7...
- Preemption in Products Liability Cases: An Analysis of Federal Product Preemption Under FIFRA and Bates v. Dow Agrosciences. Davis, William M.; Ryan, Elizabeth Haecker // Defense Counsel Journal;Apr2007, Vol. 74 Issue 2, p119
The article analyzes the federal preemption on product liability claims in the Bates v. Dow Agrosciences case decided on April 27, 2005. Farmers in Bates filed a case against Dow claiming that Strongarm herbicide stunted the growth of their peanut plants. Strongarm label states that it is safe...
- Court Invalidates Oregon Takings Vote. Hogan, Dave // Planning;Dec2002, Vol. 68 Issue 12, p30
Reports on a constitutional amendment struck down by the Oregon Supreme Court. Impact of the measure on the land-use planning system; Compensation required for reduction in the value of real property; Fault found by the court in the measure.
- SOME MODEL AMENDMENTS TO MAINE (AND OTHER STATES') LAND USE CONTROL LEGISLATION. Delogu, Orlando E.; Merrill, Sam; Saucier, Philip R. // Maine Law Review;2004, Vol. 56 Issue 2, p324
Discusses land use control legislation in Maine. Amendments; Provisions proposed; Ordinances.
- Proposed amendments treat Constitution like a statute. // American Bar Association Journal;Apr79, Vol. 65 Issue 4, p529
Comments on constitutional amendment activity in the U.S. Concerns regarding the treatment of the U.S. Constitution as a statute; Factors behind the ease of amendment of the Constitution; Policy implications on the legal system.
- To Be or Not To Be Testimonial? That Is the Question: 2004 Developments in the Sixth Amendment. Best, Robert Wm. // Army Lawyer;Apr2005, Issue 383, p65
Focuses on the ruling of the U.S. Supreme Court on the case "Michael and Sylvia Crawford v. Washington," in relation to the Confrontational Clause in the Sixth Amendment. Facts of the case; Merits of the case; Reference to other cases involving similar issues; Discussion of developments in the...
- Massachusetts High Court Refuses to Block Marriage Amendment; Convention Delays Voting. A. S. L. // Lesbian -- Gay Law Notes;Jul/Aug2006, p127
The article discusses on a decision by the Supreme Judicial Court in Massachusetts in the case Schulman v. Attorney General. The court unanimously held that a proposed amendment to the state's constitution that would provide "the Commonwealth and its political subdivisions shall define marriage...
- Section Five Overbreadth: The Facial Approach to Adjudicating Challenges Under Section Five of the Fourteenth Amendment. Carroll, Catherine // Michigan Law Review;Feb2003, Vol. 101 Issue 4, p1026
Discusses the overbreadth approach to the adjudicating challenges under section five of the Fourteenth Amendment in the U.S. Adoption of the approach in the U.S. Supreme Court cases concerning the City of Boerne; Pathologies of section five overbreadth; Outlook on the future of section five of...