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- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (3)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (3)
- All Faculty Publications (2)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (2)
- Faculty Articles (1)
Articles 1 - 13 of 13
Full-Text Articles in Law
Developments In Contract Law: The 2020-2021 Term – Appeals To Fairness, Marcus Moore
Developments In Contract Law: The 2020-2021 Term – Appeals To Fairness, Marcus Moore
All Faculty Publications
This article analyzes important developments in Contract Law stemming from consideration by the Supreme Court of Canada in 2020-2021. Due to the large number of Contracts cases during this period, the article focuses on prominent appeals occupied with issues of fairness in Canadian Contract Law. Fairness in contracts emerges as an important concern of the SCC at this juncture. This appropriately reflects the constellation of some long-unsolved problems (e.g., control of unfair terms in standard form contracts), confusion around key concepts associated with protection of contractual fairness (e.g., unconscionability and good faith), and judicial disagreement over the merits of general …
The Doctrine Of Contractual Absolution, Marcus Moore
The Doctrine Of Contractual Absolution, Marcus Moore
All Faculty Publications
The absence of a knowledge requirement is a novel and astonishing feature of unconscionability in Canada, and one that calls for scholarly reflection. In other jurisdictions and formerly in Canada, unconscionability required that the benefiting party knew or at least should have known that its counterpart was impaired in the making of the contract. Such knowledge established a minimum level of wrongdoing, so that even without more active exploitation, it was unconscionable as an “unconscientious abuse of power.” But following the Supreme Court decision in Uber Technologies Inc. v. Heller (2020), Canadian contract law rejects this conventional approach. It does …
In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor
In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor
Faculty Articles
The recent article In God We Trust (Unless We Change Our Mind): How State of Mind Relates to Religious Arbitration ("In God We Trust") proposes that those who sign arbitration agreements that consent to a religious legal system as the basis of the rules of arbitration be allowed to back out of such agreements based on their constitutional right to free exercise. This article is a response and is divided into two sections. In the first section, we show that such an exemption would violate the Federal Arbitration Act's (FAA) basic rules preventing the states from heightened regulation of arbitration …
Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron
Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron
Scholarly Works
No abstract provided.
The Arizona Solution To Allocation And Use Of Groundwater, Betsy Rieke
The Arizona Solution To Allocation And Use Of Groundwater, Betsy Rieke
Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)
48 pages.
Augmenting Municipal Water Supplies Through Agricultural Water Conservation, David Engels
Augmenting Municipal Water Supplies Through Agricultural Water Conservation, David Engels
Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)
38 pages (includes maps).
State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell
State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
27 pages.
Contains references.
The Sale, Lease Or Exchange Of Indian Water Rights For Energy Development, Thomas W. Fredericks
The Sale, Lease Or Exchange Of Indian Water Rights For Energy Development, Thomas W. Fredericks
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
34 pages.
Contains references.
A Case Study Of The Windy Gap Project [Outline], John M. Sayre
A Case Study Of The Windy Gap Project [Outline], John M. Sayre
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
7 pages.
A Century And A Half Of Interbasin Diversions Or 100 Years Since Coffin V. Left Hand Ditch Co., Ralph W. Johnson
A Century And A Half Of Interbasin Diversions Or 100 Years Since Coffin V. Left Hand Ditch Co., Ralph W. Johnson
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
19 pages.
Contains references.
Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.
Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
8 pages.
State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde
State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
42 pages.
Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker
Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
24 pages.