Identifying Successor Corporations Liable under CERCLA and Pursuing Insurance Coverage for That Liability

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) imposes liability well beyond general corporate successor rules. A company can allocate liability to other Potentially Responsible Parties as more culpable, taking advantage of CERCLA's joint and several liability. Often a source of recovery must be teased from a complex corporate history somehow connected to the site. This article examines the basis for attributing environmental liability to entities within a corporate history, before addressing how even a bankrupt or dissolved target may still have insurance that can be tapped. Similarly, CERCLA's strict liability enables recovery from insurance with some connection to either the target's or the company's corporate history, notwithstanding insurers' non-assignment arguments.     

Daring to Be Heard: Advertorials by Organized Interests on the Op-Ed Page of The New York Times , 1985-1998

Advertorials are a form of outside lobbying that organized interests use to influence policymakers and attentive publics. It is apparent from their popularity that organized interests consider them to be an effective form of political communication. This article analyzes 2,805 organized interest advertorials that appeared on the lower right quadrant of The New York Times op-ed page from 1985 to 1998. Advertorials take two broad forms: (a) image advertorials, which are paid messages by organized interests designed to create a favorable climate of opinion, and (b) advocacy advertorials, which are sponsored messages intended to win support for an interest's viewpoints on controversial issues. Typologies of advertorials (11 categories), organized interests (21 categories), corporate and noncorporate economic interests (29 categories), and policy content (28 categories) are used to document annually and over time who is sponsoring advertorials, what types of advertorials are being used, what interests avail themselves of advertorial campaigns, which issue areas are receiving attention, what images and policy messages are being communicated, which organizations sponsor the most advertorials, and the timing of such political advertising campaigns. We find over time an increasing number of advertorials, an increasing number and diversity of sponsoring interest organizations, an increasing trend toward advocacy advertorials, a continuing but declining sponsorship dominance by corporate interests, a shifting policy issue emphasis that corresponds to events in the political environment, and evidence that organized interests employ a variety of sponsorship strategies.     

Everything Is Relative,Including the “Absoluteness” of the Current,Restrictive Pollution Exclusion

Although insurers like to call the most recent versions of the pollution exclusion “absolute,” insureds should not necessarily agree—just as many courts have not agreed—that the exclusion is “absolute.” Instead, insureds should examine the precise language of the exclusions at issue, which may on their face provide a basis to argue that a potential for coverage exists. Further, whether the release at issue is made up of “pollutants” or constitutes “pollution” can only be judged by the circumstances of each case. Ultimately, an insured stands to gain if it can demonstrate that some aspect of the underlying claim, no matter how small, remains potentially covered under at least one policy. To avoid a duty to defend, an insurer must conclusively establish that all potential for coverage is excluded. Even a sliver of potential coverage is enough to trigger an insured's right to call upon an insurer to defend the entire underlying action, a right that itself could be worth millions of dollars in attorney's fees and investigation costs.     

Professionalism and regionalism: The case of hiring orientations in the south

The CASE (Computer-Assisted Sentencing) system has been developed to help sentencers to choose an appropriate sentence to impose on a convicted offender. Primarily, the system is aimed at Magistrates’ Courts. In England and Wales, by far the largest majority of sentencing is carried out by Magistrates, accounting for about 95 per cent of all sentences and over 80 per cent of sentences for more serious offences.     

A longitudinal study of moral and ego development in young adults

The purpose of this study was to investigate the longitudinal changes in moral judgment and ego development in a young adult sample when a concurrent measure of verbal ability was used as a statistical control. Sixty-one late adolescents and young adults, representing three educational groups, were tested in 1977 and 1979 on the Defining Issues Tests, a measure of moral judgment (Rest), the Sentence Completion Test of Ego Development (Loevinger and Wessler) and Terman's Concept Mastery Test, a measure of verbal ability. No group or time differences were found in ego development. A significant increase was found between the 1977 and 1979 moral judgment scores,p<0.05, and between groups at both testing,p<0.001. Sex differences were found,p<0.01, with females scoring higher than males, which were statistically accounted for by verbal ability. These findings suggest that moral development continues into the young adult years and that verbal ability may moderate sex differences in moral judgment.     

Depression,Suicidal Ideation,and Substance Use Among Continuation High School Students

This study examines the structural relationships among depression, suicidal ideation, gateway substance use (including cigarettes, alcohol, and marijuana), and hard substance use (including cocaine, stimulants, and inhalants) in a sample of continuation high school students at high risk for drug abuse. When the model was examined separately by ethnic group (Latino and Caucasian) and gender, significant differences among the factor correlations emerged. Compared to Latinos and females, Caucasians and males, respectively, demonstrated a greater number of significant relationships among the factors. For Latinos and females, only the depression and suicidal ideation factors were significantly correlated with each other, as were the gateway and hard substance use factors. For Caucasians and males, four of the six factors were significantly intercorrelated. One implication is that mood enhancement may be a particularly important reason for hard substance use among Caucasian and male adolescents.