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Full-Text Articles in Law

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress Nov 1990

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement of 1990 Act, Title IV of the Arizona Desert Wilderness Act of 1990 (Jan. 15, 1990) (PL 101-628, 104 Stat. 4469, 4480) Parties: Fort McDowell Indian Community, AZ, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, & Central Arizona Water Conservation District. Act resolves Tribe's water rights in General Adjudication of the Gila River System and Source. Neighboring non-Indian communities will transfer rights to 12,000 a/f of surface water and provide means for …


Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress Nov 1990

Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort Hall Water RIghts Act of 1990 (PL 101-602, 104 Stat. 3059, H.R. 5308) Parties: Shoshone-Bannock Tribes, ID, and US. The Act ratifies the Settlement Agreement. It protects existing uses through authorizing contracting for storage space in existing reserviors and placing limits on setting aside of final decree. It addresses the leases, transfers and uses of tribal rights, including instream flows, abandonment or forfieture and uses off reservation.The Act addresses contributions including: a Tribal Development Fund, construction of a Reservation Water Management System; acquisition of lands and grazing rights; places limits on per capita distributions to tribal members; …


Truckee-Carson-Pyramid Lake Water Rights Settlement Act Of 1990, United States 101st Congress Nov 1990

Truckee-Carson-Pyramid Lake Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Title II - Truckee-Carson-Pyramid Lake Water Settlement, Public Law 101-618, 104 Stat. 3295 (Nov. 16, 1990) dealing primarily with rights of CA and NV. Parties: NV, CA, Pyramid Lake Paiute, The Act provides for the equitable apportionment of waters of Truckee River, Carson River and Lake Tahoe between NV & CA. The California allocation on the Truckee is subject to the right of the Pyramid Lake Indian Reservation’ right to use water as described under the Orr Ditch Decree. The Tribe has the right to manage the water on the reservation. Provisions are made to protect the Pyramid …


Fallon Paiute Shoshone Indiantribes Water Rights Settlement Act Of 1990, United States 101st Congress Nov 1990

Fallon Paiute Shoshone Indiantribes Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation & Settlement: The Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (PL 101-618, 104 Stat. 3289). There is no separate Settlement Agreement. Title I -- Fallon Paiute Shoshone Tribal Settlement Act creates the Fallon Paiute Shoshone Tribal Settlement Fund and authorizes appropriations of $3 M for 1992 and $8 M for each of 1993, 1994, 1995, 1996 and 1997 for a total of $43M. The income of the fund is authorized for Tribal economic development, rehabilitation of the irrigation system, acquisition of water rights and other listed purposes. The Tribes will develop a management plan …


Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum Sep 1990

Professional Decisions And Ethical Values In Medical And Law Students, Robert L. Schwartz, Agnes G. Rezler, Pamela Lambert, S. Scott Obenshain, Joan Mciver Gibson, David A. Bennahum

Faculty Scholarship

The purpose of this project is to evaluate and compare the values used by medical and law students when dealing with ethical dilemmas in the professional practice of law and medicine. It is assumed that conflict between doctors and lawyers often arises out of the different values that members of each profession apply to similar dilemmas.


Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States Jul 1990

Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States

Native American Water Rights Settlement Project

Settlement Agreement: Fort Hall Indian Water Rights Agreement of 1990. Parties: Shoshone Bannock Tribe and US. Agreement settles water rights arising under Second Treaty of Fort Bridger of July 3, 1868 and the Winters doctrine. The agreement recognizes a right to diversions from the Upper Snake River Basin of 581,031 a/f/y. Surface-water rights in Snake River and Sand Creek are 100-115,000 a/f/y depending on irrigation needs with a priority date of June 14, 1867. Due to Sand Creek water- fluctuations, an amount equal to that had in 1989 shall satisfy the right. Groundwater from Ross Fork Creek and Basin may …


Revisiting The Waste Land: What The Thunder Is Saying, Walter Coppedge Jul 1990

Revisiting The Waste Land: What The Thunder Is Saying, Walter Coppedge

Natural Resources Journal

No abstract provided.


Forging A New State-Federal Alliance In Water Management, Stephen S. Light, John R. Wodraska Jul 1990

Forging A New State-Federal Alliance In Water Management, Stephen S. Light, John R. Wodraska

Natural Resources Journal

No abstract provided.


In Re Rights To Use Water In The Big Horn River 753 P.2d 76 (Wyo. 1988), Peg Rogers Apr 1990

In Re Rights To Use Water In The Big Horn River 753 P.2d 76 (Wyo. 1988), Peg Rogers

Natural Resources Journal

No abstract provided.


Citzen Enforcement Of Clean Water Act Violations; The Supreme Court Steers A New Course Over Muddied Waters; Gwaltney Of Smithfield, Ltd. V. Chesapeake Bay Foundation, Inc., Sergio J. Viscoli Apr 1990

Citzen Enforcement Of Clean Water Act Violations; The Supreme Court Steers A New Course Over Muddied Waters; Gwaltney Of Smithfield, Ltd. V. Chesapeake Bay Foundation, Inc., Sergio J. Viscoli

Natural Resources Journal

No abstract provided.


Police And Regulatory Power Vs. Pecuniary Interests: The Bankrupt Hazardous Waste Site Owner Faces The Music. United States V. Nicolet, Inc., 857 F.2d 202 (3d Cir.1988), Douglas L. Hayes Apr 1990

Police And Regulatory Power Vs. Pecuniary Interests: The Bankrupt Hazardous Waste Site Owner Faces The Music. United States V. Nicolet, Inc., 857 F.2d 202 (3d Cir.1988), Douglas L. Hayes

Natural Resources Journal

No abstract provided.


Intercollegiate Athletics And The Assignment Of Legal Rights, Alfred Dennis Mathewson Jan 1990

Intercollegiate Athletics And The Assignment Of Legal Rights, Alfred Dennis Mathewson

Faculty Scholarship

This Article arose out of my curiosity about the precise assignment of legal rights6 among colleges and students in the production, sale, and delivery of intercollegiate athletics. What rights might student athletes possess that give rise to legal accountability? Although a system that permits universities, coaches, concessionaires, television networks, and advertisers to reap the wealth sown by student athletes while precluding the latter from contemporaneous enjoyment of pecuniary profit seems patently unfair, my review of the cases uncovered a legal order that does not assign legal rights to student athletes consistent with my view.


Schneidewind V. Anr Pipeline 485 U.S. 293 (1988), Peter Wirth Jan 1990

Schneidewind V. Anr Pipeline 485 U.S. 293 (1988), Peter Wirth

Natural Resources Journal

No abstract provided.


Some Questions About Gender And The Death Penalty, Elizabeth Rapaport Jan 1990

Some Questions About Gender And The Death Penalty, Elizabeth Rapaport

Faculty Scholarship

No capital punishment statute classifies by gender, but it is arguable that gender bias infects the administration of capital punishment because the discretion of prosecutors, juries and judges is employed to the advantage of female murderers. Prior to Furman, capital punishment statutes typically gave sentencing authorities untrammelled discretion to mete out life or death. Although sentencing discretion has been substantially reduced in the modern death penalty regime, it remains arguable post-Furman that the sparseness of women on death row testifies to the discriminatory use of capital sentencing discretion. However, in light of the recent decision in McCleskey v. Kemp, in …


A Critical Assessment Of Reid's Work For Hire Framework And Its Potential Impact On The Marketplace For Scholarly Works, Sherri L. Burr Jan 1990

A Critical Assessment Of Reid's Work For Hire Framework And Its Potential Impact On The Marketplace For Scholarly Works, Sherri L. Burr

Faculty Scholarship

This article focuses on the marketplace for copyrighted works produced by academics. Academics are hired by universities with the understanding that in addition to teaching, they will conduct research, analyze their research, and publish the results of their analysis. The custom has been at many universities that academics retain the copyright in their scholarly publications and in their lectures when they are reduced to tangible form. This article examines Community for Creative Non-Violence v. James Earl Reid's construction of the "work made for hire" definition in the 1976 Copyright Act and assesses its potential impact on academics. Part I provides …


Decisional Integrity And The Business Judgment Rule, Alfred Dennis Mathewson Jan 1990

Decisional Integrity And The Business Judgment Rule, Alfred Dennis Mathewson

Faculty Scholarship

Shareholders associate together to own a business enterprise in corporate form. The nature of this association requires that an individual shareholder accept less than exclusive control over the enterprise and live with some form of collective decision making. In fact, corporate law divests shareholders of direct decision-making power and, instead, vests it in a board of directors elected by shareholders. Despite this divestiture, shareholders voluntarily step into these associations in the hope of obtaining a share in the enterprise's profits.