Law Commons^™

Freshwater Conservation: A Review Of Oregon Water Law & Policy, Adell L. Amos

Adell L. Amos

In order to more fully understand and enhance freshwater conservation in the State of Oregon, The Nature Conservancy initiated a project to conduct a legal and policy review of Oregon water law. In Oregon, like all western states, water management is based on a combination of statutes, administrative rules, agency policies, and case law. Accordingly, this report identifies and explains relevant provisions of the Oregon Water Code and discusses how the legislature, state administrative agencies, and the courts have interpreted the law. The report also identifies the impacts and implications of legal and policy choices that have been made with …

Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn

Michael E Lewyn

American streets are typically designed for fast automobile traffic. As a result, those streets are often dangerous for pedestrians.

In part, the anti-pedestrian design of American streets is a result of transportation planners' perceptions of American tort law. In negligent street design cases, courts and juries sometimes rely upon guidelines set by the American Association of State Highway and Transportation Officials (AASHTO), a national association of government transportation officials. Because AASHTO's street-design rules have historically favored wide streets built to accommodate high-speed traffic, planners sometimes assume that in order to avoid liability, they must do the same.

The purpose of …

Trying To Vote In Good Conscience, Elizabeth F. Brown

Elizabeth F Brown

This Article analyses the U.S. Conference of Catholic Bishops’ statement, Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States, and how it addresses the economic and environmental issues raised during the 2008 Presidential election.

Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow

Donald J. Kochan

Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …