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2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …

Theorizing Agency, Susan Carle

American University Law Review

Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …

Market Impact In The Information Age: Protecting Hotel Owners From Hotel Management Companies, Charles S. Hale Ii

West Virginia Law Review

No abstract provided.

How "Mead" Has Muddled Judicial Review Of Agency Action, Lisa S. Bressman

Vanderbilt Law Review

When the Supreme Court decided United States v. Mead Corp. four years ago, Justice Scalia predicted that judicial review of agency action would devolve into chaos. This Article puts that prediction to the test by examining the court of appeals decisions applying the decision. Justice Scalia actually understated the effect of Mead. This Article suggests a remedy for the mess.

In Mead, the Court held that an agency is entitled to deference under Chevron, U.S.A., Inc. v. NRDC only if Congress has delegated to that agency the authority to issue interpretations that carry the force of law, and the agency …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Two Kinds Of Utility: England’S ‘Supremacy’ And The Quest For Completion In David Dabydeen’S The Intended, Kevin Frank

Publications and Research

This essay concerns the Caribbean writer’s crucial confrontation with colonial literary models. In it, Kevin Frank argues that the central protagonist of David Dabydeen’s The Intended, the unnamed narrator, resembles the author in that he is torn between cultures (English, East Indian, and West Indian), and torn between two kinds of utility: one base, mechanical, and calculating, and the other, romantic. The latter predicament, Frank demonstrates, is a natural consequence of the convergence of romantic and utilitarian ideology underpinning British colonialism. Moreover, Dabydeen’s ambivalence about his allegiances and literary heritage is similar to that of one of his literary …

Disentangling The Repurchase Announcement An Event Study Analysis To The Purpose Of Repurchases, Robin S. Wilber

USF Tampa Graduate Theses and Dissertations

Researchers have consistently shown that a firms repurchase announcement is met with positive abnormal stock price return reactions. Open-market repurchases are extremely flexible, non-committal and non-punitive; thus, it is puzzling that the mere announcement of an open-market repurchase will likely increase a firms stock price. I propose to disentangle a firms choice to repurchase its stock to determine when a repurchase announcement is good news for shareholders and when the announcement is not.

I find that the purpose of the repurchase announcement matters. At the announcement date, managers intention of avoiding dilution is significantly negative and enhancing shareholder value is …

Organizational Misconduct: Beyond The Principal-Agent Model, Kimberly D. Krawiec

ExpressO

This article demonstrates that, at least since the adoption of the Organizational Sentencing Guidelines in 1991, the United States legal regime has been moving away from a system of strict vicarious liability toward a system of duty-based organizational liability. Under this system, organizational liability for agent misconduct is dependant on whether or not the organization has exercised due care to avoid the harm in question, rather than under traditional agency principles of respondeat superior. Courts and agencies typically evaluate the level of care exercised by the organization by inquiring whether the organization had in place internal compliance structures ostensibly designed …

Becoming A Teacher Of Literacy: The Struggle Between Authoritative Discourses, Mindy Legard Larson, Donna Kalmbach Phillips

Faculty Publications

This study describes and analyzes the influence of an ideological conflict between a teacher education program and a school district upon one pre-service teacher’s emerging identity as a teacher of literacy. Using poststructural feminism as the theoretical framework and a single case study analysis, the study illustrates how the discourse of the school district’s scripted reading program and the discourse of the university’s comprehensive literacy positions Claire, the pre-service teacher. The data analysis demonstrates how being positioned between these two competing and authoritative discourses conflicts with her understanding of reading and reading instruction. Reflecting upon the data, the research becomes …

Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin

Cornell Law Faculty Publications

The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note analyzes the evidence and argues that personhood is a cluster concept with distinct components: the biological concept of the human being, the notion of a rational agent, and unity of consciousness. This suggests that it is …

Post-Tsunami Havoc: Government Waives Aid Agency Accountability, Anne Abraham

Faculty of Commerce - Papers (Archive)

On 26 December 2004 a massive earthquake caused a series of tsunamis across the Bay of Bengal and taking more than 230,000 lives and destroying villages, towns and livelihoods in 12 countries: Indonesia, Sri Lanka, Thailand, India, the Maldives, Malaysia, Myanmar, the Seychelles, Bangladesh, Kenya and Somalia. Within ten days, the Australians had personally donated 100 million dollars towards the massive relief effort. The large number of requests for cash and the abundance of aid agencies organising appeals meant that donors needed to exercise care as they made their generous donations. Many lists of tsunami appeals were generated, with the …

Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Suitability Claims And Unrecommended Securities Purchases: An Agency Theory Of Broker-Dealer Liability, Frederick Mark Gedicks

Faculty Scholarship

It is well-established that full-service broker-dealers have an obligation to recommend to their customers only the purchase of securities that are "suitable" to the customer's investment objectives and financial situation. There seems to be widespread agreement, however, that a broker-dealer cannot incur liability on suitability grounds unless it first recommends a securities purchase to a customer.

Accordingly, discount broker-dealers argue they are necessarily immune from liability on suitability claims because they act as "order clerks" who merely execute unsolicited customer orders; online discounters have adopted the same position. Full-service broker-dealers similarly argue that although they owe a suitability obligation for …

Modelling Agency In Hiv Decision-Making, Alison Moore

Faculty of Law, Humanities and the Arts - Papers (Archive)

In applying linguistics to the task of analysing how agentivity is construed through verbal interaction, scholars often equate social agency with grammatical agency, and in particular with the grammar of transitivity. The difficulty I want to address in this paper is that we may miss other important, systematic and contrastive patterning in the agentivity with which social actors and other entities are depicted, because such agentivity is realized through a range of dispersed linguistic resources. Systemic Functional Linguistics can provide a useful framework for co-ordinating the contribution of these resources to the overall construal of agency in a text or …

The Influence Of Presidential Operational Code Beliefs On U.S. Foreign Policy Actions In The Middle East, Samuel Robison

LSU Master's Theses

Empirical research on U.S. foreign policy has largely assumed that the president’s influence is subordinate to global and domestic political constraints. This idea is given further weight by the fact that, even within the political psychology literature, there is scant large-n, quantitative evidence supporting the notion that leaders matter. This study is an attempt to explore the influence of U.S. presidential psychological characteristics on foreign policy actions through assessment of two operational code constructs: “image of the political universe” (P-1), and “strategic preferences” (I-1). This is assessed through an extensive sample of operational code beliefs for every president from Ronald …

Rulemaking, Michael Herz

Faculty Articles

No abstract provided.

Kruse V. Wells Fargo Home Mortgage, Inc. (Decided September 10, 2004), Jennifer Katehos

NYLS Law Review

No abstract provided.