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Articles 1 - 30 of 78
Full-Text Articles in Law
The Reenactment And Inaction Doctrines In State Tax Litigation, Steve R. Johnson
The Reenactment And Inaction Doctrines In State Tax Litigation, Steve R. Johnson
Scholarly Publications
This installment of Interpretation Matters discusses two related canons of statutory interpretation and illustrates their use in state and local tax controversies. Assume that a state revenue agency or court construes a tax statute and that the construction is later challenged in another case. Between the two cases, the state legislature reenacts the provision without changing it or the legislature takes no action to amend the provision to overturn the construction in the first case. Some courts treat the reenactment without change, or even the inaction, as evidence that the legislature agreed with the construction in the first case, so …
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Publications
No abstract provided.
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Publications
No abstract provided.
Regulating Land Use - Protecting The Water, Joseph Quintana
Regulating Land Use - Protecting The Water, Joseph Quintana
Publications
No abstract provided.
Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.
Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.
Publications
No abstract provided.
Are We Making The Land/Water Connection?, Lora A. Lucero
Are We Making The Land/Water Connection?, Lora A. Lucero
Publications
No abstract provided.
Land & Water Planning In The Middle Valley, Sandy Fish
Land & Water Planning In The Middle Valley, Sandy Fish
Publications
No abstract provided.
Securities Class Actions As Pragmatic Ex Post Regulation, Elizabeth Chamblee Burch
Securities Class Actions As Pragmatic Ex Post Regulation, Elizabeth Chamblee Burch
Scholarly Works
Securities class actions are on the chopping block-again. Traditional commentators continue to view class actions with suspicion; they see class suits as nonmeritorious byproducts of self-interest and the attorneys who bring them as rent-seekers. Their conventional approach has popularized securities class actions' negative effects. High-profile commissions capitalizing on this rhetoric, such as the Committee on Capital Markets Regulation, have recently recommended eliminating or severely curtailing securities class actions. But this approach misses the point: in the ongoing push and pull of securities regulation, corporations are winning the battle.
Thus, understanding the full picture and texture of securities class actions necessitates …
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust law's Walker Process doctrine permits a patent infringement defendant to show that an improperly maintained infringement action constitutes unlawful monopolization or an unlawful attempt to monopolize. The infringement defendant must show both that the lawsuit is improper, which establishes the conduct portion of the violation and generally satisfies tort law requirements, and also that the structural prerequisites for the monopolization offense are present. The doctrine also applies to non-patent infringement actions and has been applied by the Supreme Court to copyright infringement actions. Walker Process itself somewhat loosely derives from the Supreme Court's Noerr-Pennington line of cases holding that …
Brief Of Amici Curiae Former Fda Commissioners Dr. Donald Kennedy And Dr. David A. Kessler In Support Of Respondent, Wyeth V. Levine, No. 06-1249 (U.S. Aug. 14, 2008), Kathryn A. Sabbeth, David C. Vladeck
Brief Of Amici Curiae Former Fda Commissioners Dr. Donald Kennedy And Dr. David A. Kessler In Support Of Respondent, Wyeth V. Levine, No. 06-1249 (U.S. Aug. 14, 2008), Kathryn A. Sabbeth, David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young
Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young
Publications
No abstract provided.
Ethics, Professionalism And Politics, Ronald Kaiser
Ethics, Professionalism And Politics, Ronald Kaiser
Publications
No abstract provided.
Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn
Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn
Publications
No abstract provided.
The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law
The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker
Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker
Publications
No abstract provided.
Congressional Concerns Related To The Energy-Water Nexus, Erik Webb
Congressional Concerns Related To The Energy-Water Nexus, Erik Webb
Publications
No abstract provided.
Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney
Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney
Publications
No abstract provided.
Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca
Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca
Law Faculty Popular Media
In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Paul E. Salamanca discusses three historically prominent approaches to solving legal problems in ecclesiastical disputes.
Abiquiu Reservoir Present And Future, Andrew Lieuwen, Ph.D.
Abiquiu Reservoir Present And Future, Andrew Lieuwen, Ph.D.
Publications
No abstract provided.
Rio Grande Reservoir Symposium: Federal Perspective - Upper Rio Grande Operations Model And Urwops Update, April Sanders
Rio Grande Reservoir Symposium: Federal Perspective - Upper Rio Grande Operations Model And Urwops Update, April Sanders
Publications
No abstract provided.
The Arkansas And Republican River Compacts: Litigation And Lessons, John B. Draper
The Arkansas And Republican River Compacts: Litigation And Lessons, John B. Draper
Publications
No abstract provided.
Rio Grande Reservoirs: Legal Framework And Operations, Herman Settemeyer
Rio Grande Reservoirs: Legal Framework And Operations, Herman Settemeyer
Publications
No abstract provided.
An Environmental Perspective On Rio Grande Reservoirs, Kara Gillon
An Environmental Perspective On Rio Grande Reservoirs, Kara Gillon
Publications
No abstract provided.
Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan
Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan
Publications
No abstract provided.
Systematic Municipal Water Use Accounting And Gpcd Calculations, John W. Longworth
Systematic Municipal Water Use Accounting And Gpcd Calculations, John W. Longworth
Publications
No abstract provided.
Historic El Vado Reservoir Operations, Viola Sanchez
Historic El Vado Reservoir Operations, Viola Sanchez
Publications
No abstract provided.
Cafa Judicata: A Tale Of Waste And Politics, Kevin M. Clermont, Theodore Eisenberg
Cafa Judicata: A Tale Of Waste And Politics, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
The Class Action Fairness Act has taken on its real form through construction by the federal judges. That form emerges in this empirical study of judicial activity and receptivity to the Act. Our data comprise the opinions under the Act published during the two and a half years following its enactment in 2005.
CAFA has produced a lot of litigation in its short life. The cases were varied, of course, but most typically the resulting published federal opinion involved a removed contract case, with the dispute turning on the statute's effective date or on federal jurisdiction. Even though the opinions …
The Class Action Fairness Act Of 2005 In Historical Context: A Preliminary View, Stephen B. Burbank
The Class Action Fairness Act Of 2005 In Historical Context: A Preliminary View, Stephen B. Burbank
All Faculty Scholarship
As courts confront, and commentators begin to write about, the many jurisdictional questions that emerged from CAFA’s long and messy legislative process, I propose instead to set that legislation in context. The contexts that, given my training and interests, I find most revealing concern the history of federal diversity of citizenship litigation in general and, within that larger story, the history of diversity class actions in federal court. Because all questions of federal court subject matter jurisdiction implicate the "happy relations of States to Nation," both accounts necessarily pay attention to state court litigation and to the impact of doctrinal …
Cafa's Impact On Litigation As A Public Good, Elizabeth Chamblee Burch
Cafa's Impact On Litigation As A Public Good, Elizabeth Chamblee Burch
Scholarly Works
Class actions regulate when government fails. Perhaps this use as an ex post remedy when ex ante regulation founders explains the fervor and rhetoric surrounding Rule 23's political life. In truth, the class action does more than aggregate; it augments government policing and generates external societal benefits. These societal benefits - externalities - are the spillover effects from facilitating small claims litigation. In federalizing class actions through the Class Action Fairness Act (CAFA), Congress, in some ways, impeded class action practice, thereby negating its positive externalities and inhibiting backdoor regulation. This Article critically considers those effects on the common good. …
Guiding Litigation: Applying Law To Facts In Germany, James Maxeiner
Guiding Litigation: Applying Law To Facts In Germany, James Maxeiner
All Faculty Scholarship
"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a "simple-minded demand" that is "silly and misleading. It is not; it is what the public rightly expects from law. H.L.A. Hart, reminded U.S. jurists that "conventional legal thought in all countries conceives as the standard judicial function: the impartial application of determinant existing rules in the settlement of disputes."
This essay discusses the German method of judicial applying of law to facts. called, in German, the "Relationstechnik," that is, in English, literally "relationship technique." This essay shows how …