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Duke Power Co. V. Carolina Environmental Study Group
''Duke Power Co. v. Carolina Environmental Study Group'', 438 U.S. 59 (1978), was a case in which the United States Supreme Court overturned the United States District Court for the Western District of North Carolina's decision that the Price Anderson Act violated equal protection by treating victims of nuclear accidents differently from the victims of other industrial accidents. Background Several groups filed suit in the United States District Court for the Western District of North Carolina against the Nuclear Regulatory Commission, regarding the Price Anderson Act. The suit challenged it on two grounds; it violated the Fifth Amendment because it did not ensure adequate compensation for victims of accidents, and it violated the Fourteenth Amendment because it treated nuclear accidents differently from other accidents. Decision The Court found that the differential treatments of industrial victims did not constitute a violation of equal protection, based on the reasons Congres ...
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Bloomberg BNA
Bloomberg Industry Group (formerly known as Bloomberg BNA, The Bureau of National Affairs, Inc., and BNA) is an affiliate of Bloomberg L.P. and a source of legal, tax, regulatory, and business information for professionals. It is headquartered in Arlington County, Virginia. The CEO of the company is Josh Eastright. The company was founded in 1929 by David Lawrence and became employee-owned in 1947. When it was acquired by Bloomberg in September 2011, it was the oldest employee-owned company in the United States. History Early history (1929–2011) The Bureau of National Affairs, Inc. (BNA) was founded in 1929 by newsman David Lawrence as a subsidiary of ''United States Daily'', now known as the '' U.S. News & World Report''. BNA's first publication was U.S. Patent, Trademark & Copyright Reports (now United States Patent Quarterly). In 1946, Lawrence sold BNA to five of his top editors: Dean Dinwoodey, John D. Stewart, Ed Donnell, Adolph Magidson and John Taylor. The editor ...
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United States District Court For The Western District Of North Carolina
The United States District Court for the Western District of North Carolina (in case citations, W.D.N.C.) is a federal district court which covers the western third of North Carolina. Appeals from the Western District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Jurisdiction The court's jurisdiction comprises the following counties: Alexander, Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, Macon, Madison, McDowell, Mecklenburg, Mitchell, Polk, Rutherford, Swain, Transylvania, Union, Watauga, Wilkes and Yancey. It has jurisdiction over the cities of Asheville, Charlotte, Hickory, and Statesville. The United States Attorney's Office for the Western District of North Carolina represents ...
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Price Anderson Act
A price is the (usually not negative) quantity of payment or compensation given by one party to another in return for goods or services. In some situations, the price of production has a different name. If the product is a "good" in the commercial exchange, the payment for this product will likely be called its "price". However, if the product is "service", there will be other possible names for this product's name. For example, the graph on the bottom will show some situations A good's price is influenced by production costs, supply of the desired item, and demand for the product. A price may be determined by a monopolist or may be imposed on the firm by market conditions. Price can be quoted to currency, quantities of goods or vouchers. * In modern economies, prices are generally expressed in units of some form of currency. (More specifically, for raw materials they are expressed as currency per unit weight, e.g. euros per kilogram or Rands per KG.) * Although prices ...
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Equal Protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal Justice Under Law". This clause was the basis for ''Brown v. Board of Education'' (1954), the ...
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Nuclear Accident
A nuclear and radiation accident is defined by the International Atomic Energy Agency (IAEA) as "an event that has led to significant consequences to people, the environment or the facility. Examples include lethal effects to individuals, large radioactivity release to the environment, reactor core melt." The prime example of a "major nuclear accident" is one in which a reactor core is damaged and significant amounts of radioactive isotopes are released, such as in the Chernobyl disaster in 1986 and Fukushima nuclear disaster in 2011. The impact of nuclear accidents has been a topic of debate since the first nuclear reactors were constructed in 1954 and has been a key factor in public concern about nuclear facilities.M.V. Ramana. Nuclear Power: Economic, Safety, Health, and Environmental Issues of Near-Term Technologies, ''Annual Review of Environment and Resources'', 2009, 34, p. 136. Technical measures to reduce the risk of accidents or to minimize the amount of radioact ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Nuclear Regulatory Commission
The Nuclear Regulatory Commission (NRC) is an independent agency of the United States government tasked with protecting public health and safety related to nuclear energy. Established by the Energy Reorganization Act of 1974, the NRC began operations on January 19, 1975, as one of two successor agencies to the United States Atomic Energy Commission. Its functions include overseeing reactor safety and security, administering reactor licensing and renewal, licensing radioactive materials, radionuclide safety, and managing the storage, security, recycling, and disposal of spent fuel. History Prior to 1975 the Atomic Energy Commission was in charge of matters regarding radionuclides. The AEC was dissolved, because it was perceived as unduly favoring the industry it was charged with regulating.John Byrne and Steven M. Hoffman (1996). ''Governing the Atom: The Politics of Risk'', Transaction Publishers, p. 163. The NRC was formed as an independent commission to oversee nuclear ene ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ...
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Atomic Energy Act Of 1954
The Atomic Energy Act of 1954, 42 U.S.C. §§ 2011-2021, 2022-2286i, 2296a-2297h-13, is a United States federal law that covers for the development, regulation, and disposal of nuclear materials and facilities in the United States. It was an amendment to the Atomic Energy Act of 1946 and substantially refined certain aspects of the law, including increased support for the possibility of a civilian nuclear industry. Notably it made it possible for the government to allow private companies to gain technical information (Restricted Data) about nuclear energy production and the production of fissile materials, allowing for greater exchange of information with foreign nations as part of President Dwight D. Eisenhower's Atoms for Peace program, and reversed certain provisions in the 1946 law which had made it impossible to patent processes for generating nuclear energy or fissile materials. The H.R. 9757 legislation was passed by the 83rd U.S. Congressional session and signed into law ...
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List Of United States Supreme Court Cases, Volume 438
This is a list of all the United States Supreme Court cases from volume 438 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 438 1978 in United States case law ...
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1978 In The Environment
This is a list of notable events relating to the environment in 1978. They relate to environmental law, conservation, environmentalism and environmental issues. Events *The Kessler syndrome is proposed. It is a scenario in which the density of objects in low Earth orbit is high enough that collisions between objects could cause a cascade – each collision generating debris which increases the likelihood of further collisions. It would render space exploration unfeasible for a period of time. *The Australian state of Victoria passes the Environment Effects Act 1978. *The environmental issues surrounding the notorious Love Canal, a former dump site in the neighborhood in Niagara Falls, New York, in the United States, is highlighted in the media. *The Royal Commission on Nuclear Power Generation in New Zealand reported back to the Government. The report concluded that there was no immediate need but it may be economically possible in the 21st century. *The Green Wall of China, a majo ...
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