Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (17)
- University of Michigan Law School (10)
- Cornell University Law School (4)
- University of Kentucky (4)
- Brigham Young University Law School (2)
-
- Loyola University Chicago, School of Law (2)
- Maurer School of Law: Indiana University (2)
- Seattle University School of Law (2)
- Vanderbilt University Law School (2)
- Brooklyn Law School (1)
- Case Western Reserve University School of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- New York Law School (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University of Miami Law School (1)
- William & Mary Law School (1)
- Keyword
-
- Groundwater allocation (17)
- Groundwater law (17)
- Groundwater pollution (17)
- Water resources development (17)
- Litigation (7)
-
- Colorado (5)
- Groundwater management (5)
- Federal courts (4)
- History (4)
- Hydrology (4)
- Allocating groundwater (3)
- Cases (3)
- Common law (3)
- Court reform (3)
- Environmental Protection Agency (3)
- Federal Rules of Civil Procedure (3)
- Groundwater disputes (3)
- Groundwater quality (3)
- Interstate compacts (3)
- Judiciary (3)
- Legal issues (3)
- Local government (3)
- Pumps (3)
- Remedies (3)
- Sherman Act (3)
- State laws (3)
- Surface water (3)
- Wells (3)
- 1971 (2)
- 1982 (2)
- Publication
-
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (17)
- Michigan Law Review (6)
- Cornell Law Faculty Publications (4)
- University of Michigan Journal of Law Reform (4)
- BYU Law Review (2)
-
- Kentucky Law Journal (2)
- Law Faculty Scholarly Articles (2)
- Loyola University Chicago Law Journal (2)
- Seattle University Law Review (2)
- All Faculty Scholarship (1)
- Articles (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Florida State University Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Law Journal (1)
- Law Faculty Articles and Essays (1)
- Scholarly Articles (1)
- UIC Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law Review (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 30 of 56
Full-Text Articles in Law
Statutes Of Limitations And Defendant Class Actions, Michigan Law Review
Statutes Of Limitations And Defendant Class Actions, Michigan Law Review
Michigan Law Review
This Note argues that in defendant class actions the statute of limitations should be tolled as to all named and absent class members upon informal notice given by the plaintiff at the beginning of the suit. Part I examines the purposes of statutes of limitations and class actions, and the manner in which these purposes were reconciled in American Pipe. It concludes that American Pipe requires the creation of a tolling doctrine that promotes both the fair notice policy that underlies statutes of limitations and the concern for litigative economy that underlies rule 23 class actions. Part II then …
Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby
Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby
University of Michigan Journal of Law Reform
Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only …
The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review
The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review
Michigan Law Review
In the wake of this uncertainty, this Note analyzes the proper scope of judicial review of consent decrees. The Note argues that to further the policies embodied in the APP A, courts should undertake intense review of proposed settlements before entering them as final judgments. Both the congressional intent in enacting the APP A and the public's interest in effective enforcement of the antitrust laws support intense judicial review. The Note then demonstrates that the deferential standard that some courts have applied is derived mainly from a case that is inapplicable to the review of consent decrees. Finally, the Note …
Recognition Of The National Football League As A Single Entity Under Section 1 Of The Sherman Act: Implications Of The Consumer Welfare Model, Myron C. Grauer
Recognition Of The National Football League As A Single Entity Under Section 1 Of The Sherman Act: Implications Of The Consumer Welfare Model, Myron C. Grauer
Michigan Law Review
This article argues that Justice Rehnquist has analyzed the operational structure of the NFL in a manner that is consistent with proper antitrust enforcement policy, and expands upon the view that he espoused. It contends that the NFL is analogous to a law firm partnership, with the teams analogous to departments or partners that can make operating rules for the firm without fear of violating section 1 of the Sherman Act. In arriving at the opposite conclusion, both the Oakland Raiders and NASL courts relied on several cases involving player restraints that presupposed that teams in professional sports leagues, such …
The Role Of Oral Argument At The U.S. Supreme Court-- A View From The Podium, Arthur R. Landever
The Role Of Oral Argument At The U.S. Supreme Court-- A View From The Podium, Arthur R. Landever
Law Faculty Articles and Essays
This article has offered survey results of the attitudes of lawyers who have made oral arguments at the U.S. Supreme Court. Respondents generally approve of the current process, find the justices relatively well prepared, and the questions generally useful. At the same time, they express some uncertainty about whether the oral argument phase had any impact in their particular cases. By and large, they take as a given, the important function of oral argument as a supplement to the written brief.
John Hinckley, Jr. And The Insanity Defense: The Public's Verdict, Valerie P. Hans, Dan Slater
John Hinckley, Jr. And The Insanity Defense: The Public's Verdict, Valerie P. Hans, Dan Slater
Cornell Law Faculty Publications
Public furor over the Not Guilty by Reason of Insanity verdict in the trial of John Hinckley, Jr. already has stimulated legal changes in the insanity defense. This study documents more systematically the dimensions of negative public opinion concerning the Hinckley verdict. A survey of Delaware residents shortly after the trial's conclusion indicated that the verdict was perceived as unfair, Hinckley was viewed as not insane, the psychiatrists' testimony at the trial was not trusted, and the vast majority thought that the insanity defense was a loophole. However, survey respondents were unable to define the legal test for insanity and …
Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger
Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
6 pages.
Problems Of Interstate Allocation Of Groundwater, Charles E. Corker
Problems Of Interstate Allocation Of Groundwater, Charles E. Corker
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
41 pages.
Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
48 pages.
Comparative Approaches To Groundwater Management, Robert D. Hayton
Comparative Approaches To Groundwater Management, Robert D. Hayton
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
38 pages.
Ogallala Ground Water, Morton W. Bittinger
Ogallala Ground Water, Morton W. Bittinger
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
12 pages.
Groundwater And Intergovernmental Relations In The Southern San Joaquin Valley, California, Sally K. Fairfax, Barbara T. Andrews
Groundwater And Intergovernmental Relations In The Southern San Joaquin Valley, California, Sally K. Fairfax, Barbara T. Andrews
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
25 pages (includes maps).
Ground Water Monitoring System And Procedures At Kin-Buc I Landfill Middlesex County New Jersey, Dan D. Raviv
Ground Water Monitoring System And Procedures At Kin-Buc I Landfill Middlesex County New Jersey, Dan D. Raviv
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
37 pages (includes illustrations and map).
Groundwater Management Under The Florida Water Resources Act, Richard Hamann
Groundwater Management Under The Florida Water Resources Act, Richard Hamann
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
44 pages (includes maps).
The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson
The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
25 pages (includes illustrations and map).
Groundwater Pollution Problems In Mining And Energy Production, Henry W. Ipsen
Groundwater Pollution Problems In Mining And Energy Production, Henry W. Ipsen
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
17 pages.
Subsidence Of Land Caused By Ground-Water Pumping, Thomas L. Holzer
Subsidence Of Land Caused By Ground-Water Pumping, Thomas L. Holzer
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
22 pages (includes illustration).
Contains references (pages 2-6).
Groundwater Quality: The Issues, Remedies And Strategies, Kathleen M. Kulasza
Groundwater Quality: The Issues, Remedies And Strategies, Kathleen M. Kulasza
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
34 pages.
Hydrology: Unraveling The Mysteries Of Groundwater Occurrence And Movement, Thomas M. Stetson
Hydrology: Unraveling The Mysteries Of Groundwater Occurrence And Movement, Thomas M. Stetson
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
31 pages (includes illustrations).
Glossary omitted.
Legal Systems For Allocating Groundwater And Controlling Its Extraction, Charles F. Wilkinson
Legal Systems For Allocating Groundwater And Controlling Its Extraction, Charles F. Wilkinson
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
22 pages (includes illustration).
Contains research sources list (pages 1-2).
Sustaining Aquifer Productivity, Harrison C. Dunning
Sustaining Aquifer Productivity, Harrison C. Dunning
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
12 pages.
Includes full text of the Owens Valley Groundwater Management Referendum Measure A, which is an ordinance to regulate the extraction of groundwater within the Owens Valley groundwater basin.
Observations On Groundwater Law From The Federal Perspective, Carol E. Dinkins
Observations On Groundwater Law From The Federal Perspective, Carol E. Dinkins
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
66 pages.
Contains several cases and US Congress bills as supplemental materials.
Digitized copy lacks the Memorandum Opinion for City of El Paso v. Reynolds (563 F.Supp 379 (D. New Mexico 1983)).
Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:
- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"
- June 1981: "Water Resources Allocation: Laws and Emerging Issues"
- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"
- June 1983: "Groundwater: Allocation; Development and Pollution"
(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)
University of Colorado School of Law professors …
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Michigan Law Review
The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …
Degree Of Immunity Applicable To Senior Aides Of The President Of The United States In Civil Actions Arising Under The Constitution: Harlow V. Fitzgerald, Lynda Cook
BYU Law Review
No abstract provided.
An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor
An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor
Vanderbilt Law Review
This Special Project examines the most important issues of the asbestos problem and advocates a congressional solution (1) to relieve the courts of the thousands of present and potential asbestos cases, (2) to protect future claimants' rights to adequate compensation, and (3) to provide for equitable participation by all responsible parties, which, in addition to asbestos manufacturers,include the federal government, insurance companies, and the tobacco industry. The first six parts of the Special Project examine the various issues of asbestos litigation: theories of liability in products liability suits against asbestos manufacturers, causation,defenses, statutory limitations on actions, collateral estoppel, and punitive …
Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper
Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper
William & Mary Law Review
No abstract provided.
Evidence: Making The Record, Margaret G. Stewart
Evidence: Making The Record, Margaret G. Stewart
All Faculty Scholarship
No abstract provided.
Right To Sue Under Section 4 Of The Clayton Act - The Employee Deischarged For Regusal To Participate In The Anitcompetivie Practices Of His Employer: Bichan V. Chemetron Corp. Examined In Light Of Blue Shield V. Mcready, Ralph N. Bryson
BYU Law Review
No abstract provided.
Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.
Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.
Michigan Law Review
A Review of Federal Practice and Procedure, Volumes 13-19: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper