The conditions and perils of agency, dual agency, and undisclosed agency

Article Abstract:

An agency relationship with attendant fiduciary duties may be created without the agent's knowledge especially with real estate brokers who may often represent both parties through unintentional actions. Court decisions have both determined an agency relationship was created or that a duty to the buyer was created without an agency relationship. Mandatory disclosure of all relationships involving the broker and the parties is necessary to prevent potential lawsuits and the duties need to be clarified to prevent confusion.

Analysis, Real estate agents, Real estate agents and brokers, Fiduciary duties, Agency (Law)

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United States v. Wilson: a change in wetlands and Clean Water Act jurisprudence?

Article Abstract:

The author discusses the US Court of Appeals for the 4th Circuit's decision in United States v. Wilson, which dealt with the issues of intent required to sustain a felony conviction under the Clean Water Act and the government's jurisdiction over isolated wetlands.

Interpretation and construction, Wetland conservation, Federal jurisdiction, Territorial waters, Criminal intent

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The effect of Friends of the Earth v. Laidlaw on standing in environmental law cases

Article Abstract:

The author reviews federal court decisions involving citizen suits brought by environmental groups and the effect on those decisions of the Supreme Court's Friends of the Earth v. Laidlaw ruling, which made it easier for private citizens to establish standing.

Cases, Standing (Law), Citizen suits (Civil procedure), Citizen lawsuits

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