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Student Publications Homepage
ARTICLE CONTENTS
[Pages 119-162]
TOP OF ARTICLE
Introduction
I. The Exxon Valdez Oil Spill
II. The Oil Pollution Act of 1990
A. OPA’s Primary Provisions: Liability, Prevention, and Compensation
B. OPA’s Prince William Sound Provisions
III. The Legal Consequences of the Exxon Valdez Spill and the Enactment of OPA
A. Exxon Settles Its Litigation
B. The SeaRiver Litigation: Texas, the District of Columbia, and Alaska
IV. The Bill of Attainder Clause
A. Bills of Attainder
B. Historical Justifications for Prohibiting Bills of Attainder
C. The Supreme Court’s Analysis of Bills of Attainder
1. Specificity
2. Punishment
a. The Test for Traditional Punishment
b. The Functional Test
c. The Motivational Test
D. Application Origin of the Modern Bill of Attainder Test
1. Specificity, but No Punishment: Nixon v. Administrator of General Services
2. Recent Attacks on Legislation Using the Clause
V. Does Section 5007 of OPA Constitute a Bill of Attainder?
A. Specificity
B. Punishment
1. Traditional Punishment Test
2. Functional Test
3. Congress’s Motivation in Enacting Section 5007
Conclusion
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