Search Results for "the-snail-darter-case-tva-versus-the-endangered-species-act-landmark-law-cases-and-american-society-landmark-law-cases-american-society"

The Snail Darter case

The Snail Darter case

TVA versus the Endangered Species Act

  • Author: Kenneth M. Murchison
  • Publisher: Univ Pr of Kansas
  • ISBN: N.A
  • Category: Law
  • Page: 234
  • View: 8535
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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.

The Snail Darter and the Dam

The Snail Darter and the Dam

How Pork-Barrel Politics Endangered a Little Fish and Killed a River

  • Author: Zygmunt Jan Broel Plater
  • Publisher: Yale University Press
  • ISBN: 0300195265
  • Category: Law
  • Page: 369
  • View: 2023
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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

American Book Publishing Record

American Book Publishing Record

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: American literature
  • Page: N.A
  • View: 417
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OAH Annual Meeting

OAH Annual Meeting

  • Author: Organization of American Historians. Meeting
  • Publisher: N.A
  • ISBN: N.A
  • Category: Historians
  • Page: N.A
  • View: 3723
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Program

Program

  • Author: Organization of American Historians. Meeting
  • Publisher: N.A
  • ISBN: N.A
  • Category: Historians
  • Page: N.A
  • View: 7498
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The Southern Historian

The Southern Historian

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: History
  • Page: N.A
  • View: 4128
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Political Science Quarterly

Political Science Quarterly

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Social sciences
  • Page: N.A
  • View: 8457
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Vols. 4-38, 40-41 include Record of political events, Oct. 1, 1888-Dec. 31, 1925 (issued as a separately paged supplement to no. 3 of v. 31- 38 and to no. 1 of v. 40)

One man out

One man out

Curt Flood versus baseball

  • Author: Robert Michael Goldman
  • Publisher: Univ Pr of Kansas
  • ISBN: N.A
  • Category: Biography & Autobiography
  • Page: 158
  • View: 3043
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This new look at all-star center fielder Curt Flood's efforts to shake the foundations of major league baseball reminds readers that Flood holds a unique and important place in both baseball and American law as the player who challenged baseball's reserve clause and championed the cause of free agency. Simultaneous.

Discrediting the Red Scare

Discrediting the Red Scare

The Cold War Trials of James Kutcher, "The Legless Veteran"

  • Author: Robert Justin Goldstein
  • Publisher: N.A
  • ISBN: 9780700622252
  • Category: Law
  • Page: 224
  • View: 435
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The story of an American World War II veteran who lost both legs in combat, and whose long-running battle against a variety of types of persecution directed against him during the post-War Red Scare helped to seriously discredit it.

Federal Criminal Law Doctrines

Federal Criminal Law Doctrines

The Forgotten Influence of National Prohibition

  • Author: Kenneth M. Murchison
  • Publisher: Duke University Press
  • ISBN: 9780822315100
  • Category: Law
  • Page: 279
  • View: 8029
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He identifies these federal doctrinal developments as an important but ignored legacy of prohibition and describes how these changes continue to effect contemporary law.

Affirmative action on trial

Affirmative action on trial

sex discrimination in Johnson v. Santa Clara

  • Author: Melvin I. Urofsky
  • Publisher: Univ Pr of Kansas
  • ISBN: N.A
  • Category: Law
  • Page: 201
  • View: 5603
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Affirmative action continues to be one of the most hotly contested issues in America. Volatile and divisive, the debates over its legitimacy have inspired a number of "reverse discrimination" suits in the federal courts. Like the landmark 1978 Bakke decision, most of these have focused on preferential treatment given racial minorities. In Johnson v. Santa Clara, however, the central issue was gender, not race discrimination, and the Supreme Court's decision in that case marked a resounding victory for women in the work force.Johnson v. Santa Clara involved two people who in 1980 competed for a dispatcher position with the transportation department of Santa Clara County, California. Paul Johnson had more experience and slightly higher test scores, but Diane Joyce was given the job based on affirmative action. An irate Johnson sued the county and won, only to have the decision reversed in appellate court. That reversal was subsequently upheld in the Supreme Court's 1987 decision, reaffirming that it was legitimate for employers to consider gender in hiring.Melvin Urofsky proves an exemplary guide through the complexities of this case, as he takes us from the workplace through the various levels of our federal court system. Balancing case details with an overview of constitutional law and judicial process, he creates a model legal history that is both appealing and enlightening for the non-scholar. Urofsky is especially good at highlighting the fundamental human drama of this case and shows how Johnson and Joyce were simply ordinary people, each with valid reasons for their actions, but were both ultimately caught tip in legal and social issues that reached well beyond their ownlives.Affirmative Action on Trial pointedly addresses the issue of sex discrimination and the broader controversy over the place of affirmative action in American society. While it's hard to determine the likely future of aff

Mixing the Waters

Mixing the Waters

Environment, Politics, and the Building of the Tennessee-Tombigbee Waterway

  • Author: Jeffrey K. Stine
  • Publisher: N.A
  • ISBN: N.A
  • Category: History
  • Page: 336
  • View: 7420
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The largest, most costly domestic public works project ever undertaken by the Army Corps of Engineers, the Tenn-Tom's 234 miles, five dams, and ten locks entailed the movement of more earth than was required to dig the Panama Canal. In a monumental history of the nation's largest navigation project, Jeffrey K. Stine records the struggle between the interests determined to build the waterway and the forces pitted against its completion. Based on extensive research, Mixing the Waters explores the intersection of environmental history, the history of technology, and U.S. political history. It chronicles the profound changes introduced by the environmental movement and addresses the importance of changing societal values, an issue at the heart of understanding the evolving relationship between technology and the environment.

Round River

Round River

  • Author: Aldo Leopold
  • Publisher: Oxford University Press
  • ISBN: 9780199770649
  • Category: Nature
  • Page: 286
  • View: 7754
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To those who know the charm of Aldo Leopold's writing in A Sand County Almanac, this collection from his journals and essays will be a new delight. The journal entries included here were written in camp during his many field trips--hunting, fishing, and exploring--and they indicate the source of ideas on land ethics found in his longer essays. They reflect as well two long canoe trips in Canada and a sojourn in Mexico, where Leopold hunted deer with bow and arrow. The essays presented here are culled from the more contemplative notes which were still in manuscript form at the time of Leopold's death in 1948, fighting a brush fire on a neighbor's farm. Round River has been edited by Leopold's son, Luna, a geologist well-known in the field of conservation. It is also charmingly illustrated with line drawings by Charles W. Schwartz. All admirers of Leopold's work--indeed, all lovers of nature--will find this book richly rewarding.

The Endangered Species Act

The Endangered Species Act

  • Author: Stanford Environmental Law Society
  • Publisher: LIT Verlag Münster
  • ISBN: 9780804738439
  • Category: Law
  • Page: 296
  • View: 4655
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This handbook is a guide to the federal Endangered Species Act, the primary U.S. law aimed at protecting species of animals and plants from human threats to their survival. It is intended for lawyers, government agency employees, students, community activists, businesspeople, and any citizen who wants to understand the Act?its history, provisions, accomplishments, and failures.

Contract Abstracts

Contract Abstracts

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Archaeology
  • Page: N.A
  • View: 7183
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Restoration of Aquatic Ecosystems

Restoration of Aquatic Ecosystems

Science, Technology, and Public Policy

  • Author: Committee on Restoration of Aquatic Ecosystems: Science, Technology, and Public Policy,Commission on Geosciences, Environment and Resources,Division on Earth and Life Studies,National Research Council
  • Publisher: National Academies Press
  • ISBN: 0309596149
  • Category: Technology & Engineering
  • Page: 540
  • View: 5871
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Aldo Leopold, father of the "land ethic," once said, "The time has come for science to busy itself with the earth itself. The first step is to reconstruct a sample of what we had to begin with." The concept he expressed--restoration--is defined in this comprehensive new volume that examines the prospects for repairing the damage society has done to the nation's aquatic resources: lakes, rivers and streams, and wetlands. Restoration of Aquatic Ecosystems outlines a national strategy for aquatic restoration, with practical recommendations, and features case studies of aquatic restoration activities around the country. The committee examines Key concepts and techniques used in restoration. Common factors in successful restoration efforts. Threats to the health of the nation's aquatic ecosystems. Approaches to evaluation before, during, and after a restoration project. The emerging specialties of restoration and landscape ecology.

When the Nazis came to Skokie

When the Nazis came to Skokie

freedom for speech we hate

  • Author: Philippa Strum
  • Publisher: Univ Pr of Kansas
  • ISBN: N.A
  • Category: History
  • Page: 172
  • View: 4501
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In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor -- or was directly related to a survivor -- of the Holocaust. These victims of terror had resettled in America expecting to lead peaceful lives free from persecution. But their safe haven was shattered when a neo-Nazi group announced its intention to parade there in 1977. Philippa Strum's dramatic retelling of the events in Skokie (and in the courts) shows why the case ignited such enormous controversy and challenged our understanding of and commitment to First Amendment values. The debate was clear-cut: American Nazis claimed the right of free speech while their Jewish "targets" claimed the right to live without intimidation. The town, arguing that the march would assault the sensibilities of its citizens and spark violence, managed to win a court injunction against the marchers. In response, the American Civil Liberties Union took the case and successfully defended the Nazis' right to free speech. Skokie had all the elements of a difficult case: a clash of absolutes, prior restraint of speech, and heated public sentiment. In recreating it, Strum presents a detailed account and analysis of the legal proceedings as well as finely delineated portraits of the protagonists: Frank Collin, National Socialist Party of America leader and the son of a Jewish Holocaust survivor; Skokie community leader Sol Goldstein, a Holocaust survivor who planned a counter demonstration against the Nazis; Skokie mayor Albert Smith, who wanted only to protect his townspeople; and ACLU attorney David Goldberger, caught in the ironic position of being a Jew defending the rights of Nazis against fellow Jews.While the ACLU did win the case, it was a costly victory -- 30,000 of its members left the organization. And in the end, ironically, the Nazis never did march in Skokie. Forcefully argued, Strum's book shows' that freedom of speech must be defended even when the beneficiaries of that defense are far from admirable individuals. It raises both constitutional and moral issues critical to our understanding of free speech and carries important lessons for current controversies over hate speech on college campuses, inviting readers to think more carefully about what the First Amendment really means.

The Rhetorical Presidency

The Rhetorical Presidency

  • Author: Jeffrey K. Tulis
  • Publisher: Princeton University Press
  • ISBN: 1400888360
  • Category: Political Science
  • Page: 264
  • View: 8305
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Modern presidents regularly appeal over the heads of Congress to the people at large to generate support for public policies. The Rhetorical Presidency makes the case that this development, born at the outset of the twentieth century, is the product of conscious political choices that fundamentally transformed the presidency and the meaning of American governance. Now with a new foreword by Russell Muirhead and a new afterword by the author, this landmark work probes political pathologies and analyzes the dilemmas of presidential statecraft. Extending a tradition of American political writing that begins with The Federalist and continues with Woodrow Wilson’s Congressional Government, The Rhetorical Presidency remains a pivotal work in its field.

Public Policymaking

Public Policymaking

  • Author: James E. Anderson
  • Publisher: Cengage Learning
  • ISBN: 1285735285
  • Category: Political Science
  • Page: 384
  • View: 8593
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To explain the fundamentals of public policy, this best-selling text focuses on the process behind the crafting of legislation. By examining the individual steps-from identifying a problem, to agenda setting, to evaluation, revision, or termination of a policy-students are able to see how different factors influence the creation of policy. Each chapter features at least one case study that illustrates how general ideas are applied to specific policy issues. This new Eighth Edition provides thoughtful updates based on the 2012 election and completely revised case studies. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.