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Full-Text Articles in Law

Should Municpalities Be Liable For Development-Related Flooding, Steven Frederic Lachman Oct 2001

Should Municpalities Be Liable For Development-Related Flooding, Steven Frederic Lachman

Natural Resources Journal

No abstract provided.


Memorandum Opinion Re Assiniboine And Sioux Tribes Of Fort Peck Indian Reservation, Water Court Of State Of Montana Aug 2001

Memorandum Opinion Re Assiniboine And Sioux Tribes Of Fort Peck Indian Reservation, Water Court Of State Of Montana

Native American Water Rights Settlement Project

Post Settlement Court Opinion: Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, MT, Montana, Montana Reserved Water Rights Compact Commission, United States. Opinion disposes of three objections to settlement/Compact. It concludes that Compact is analogous to consent decree; objector has the initial burden of production; standard for approving a consent decree is that it is at least fair, adequate and reasonable, made in good faith, with arms-length negotiations and conforms to applicable laws; settlement must be in public’s interest but not necessarily in the public’s best interest, if otherwise reasonable; objectors must show that they claimed rights are …


A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick Jul 2001

A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick

Faculty Scholarship

In an effort to address the well-documented and serious problem of environmental justice in the United States, President William J. Clinton issued Executive Order (EO) No. 128981 on February 11, 1994. The EO represented the culmination of a century of rapid changes in society's attitudes toward the placement of hazardous facilities in poor, disadvantaged, and minority communities, as well as the denial of services to these communities. This survey examines the impact of the EO on federal agencies. Environmental justice is not a problem unique to the late 20th century. Majoritarian societies have historically discriminated against minority groups.3 For example, …


Epa At Thirty: Fairness In Environmental Protection, Eileen Gauna Jul 2001

Epa At Thirty: Fairness In Environmental Protection, Eileen Gauna

Faculty Scholarship

This Article looks at how EPA is managing the fairness issue in a discrete but highly charged context: permit issuances that affect heavily impacted communities. This Article first provides a discussion of how fairness-oriented reform might evolve within the permit process. This section also examines permit issuances that were appealed to the U.S. Environmental Appeals Board (EAB) on environmental justice grounds. Proceeding one step beyond environmental law, the Article looks at how EPA is responding to claims of disparate impact under Title VI of the Civil Rights Act. However, rather than focus on the intricacies of legal doctrine under Title …


The Nile River: Potential For Conflict And Cooperation In The Face Of Water Degradation, Kristin Wiebe Jul 2001

The Nile River: Potential For Conflict And Cooperation In The Face Of Water Degradation, Kristin Wiebe

Natural Resources Journal

No abstract provided.


Brief For The American Association On Mental Retardation, The Arc Of The United States, The American Orthopsychiatric Association, Physicians For Human Rights, The American Network Of Community Options And Resources, The Joseph P. Kennedy, Jr. Foundation, The Judge David L. Bazelon Center For Mental Health Law, And The National Association Of Protection And Advocacy Systems As Amici Curiae, April Land, James W. Ellis, Christian G. Fritz, Michael B. Browde Jun 2001

Brief For The American Association On Mental Retardation, The Arc Of The United States, The American Orthopsychiatric Association, Physicians For Human Rights, The American Network Of Community Options And Resources, The Joseph P. Kennedy, Jr. Foundation, The Judge David L. Bazelon Center For Mental Health Law, And The National Association Of Protection And Advocacy Systems As Amici Curiae, April Land, James W. Ellis, Christian G. Fritz, Michael B. Browde

Faculty Scholarship

The American people first became aware of the issue of mental retardation and the death penalty around the time of this Court’s decision in Penry. In the intervening years, all available forms of evidence demonstrate an unmistakable national consensus that people with mental retardation should not be executed. Petitioner, as well as other supporting amici, will present this Court with the compelling clinical, moral, and constitutional reasons why such executions violate the Eighth Amendment. Amici American Association on Mental Retardation (AAMR) et al. offer a somewhat different perspective. Since the Court’s evaluation of whether a national consensus exists is essentially …


Fort Belknap-Mt Compact Of 2001, Montana Apr 2001

Fort Belknap-Mt Compact Of 2001, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: No separate settlement agreement. Fort Belknap-Montana compact ratified. (MCA 85-20-1001) (April 16, 2001) Parties: Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, MT and US. The Tribes have right to 645 c/f/s from the Milk River and its tributaries upstream from Reservation diversion point with a priority date of October 17, 1855. Off-stream storage is limited to 60,000 a/f and up to 125 c/f/s is for irrigation and other historical purposes. Tribes have right to develop surface water in the Milk River Basin for livestock impoundments provided they don't use more than 30 a/f/y. …


Rescuing Paha Sapa: Achieving Environmental Justice By Restoring The Great Grasslands And Returning The Sacred Black Hills To The Great Sioux Nation, John P. Lavelle Apr 2001

Rescuing Paha Sapa: Achieving Environmental Justice By Restoring The Great Grasslands And Returning The Sacred Black Hills To The Great Sioux Nation, John P. Lavelle

Faculty Scholarship

Looking at a unique proposal of the Conservation Alliance of the Great Plains for establishing a "Greater Black Hills Wildlife Protected Area" in the Northern Plains region. Especially in light of the proposal's potential impacts on the continuing efforts of the Sioux tribes of this region to secure the return of the sacred Black Hills to sovereign tribal ownership.


Marketing Western Water: Can A Process Based Geographic Information System Improve Reallocation Decisions, Olen Paul Matthews, Louis Scuderi, David Brookshire, Kirk Gregory, Seth Snell, Kate Krause, Janie Shermak, Bradley Cullen, Michael Campana Apr 2001

Marketing Western Water: Can A Process Based Geographic Information System Improve Reallocation Decisions, Olen Paul Matthews, Louis Scuderi, David Brookshire, Kirk Gregory, Seth Snell, Kate Krause, Janie Shermak, Bradley Cullen, Michael Campana

Natural Resources Journal

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 2001

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Front Matter, United States-Mexico Law Journal Mar 2001

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Nafta Standards Regulation: The U.S. Perspective, Geri C. Word Mar 2001

Nafta Standards Regulation: The U.S. Perspective, Geri C. Word

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: The Operational Realities Of Resolving Or Not Resolving Standards Disputes Under Nafta, Ralph Folsom, Jose Augustin Portal, Jimmie V. Reyna, Geri Word Mar 2001

Panel Discussion: The Operational Realities Of Resolving Or Not Resolving Standards Disputes Under Nafta, Ralph Folsom, Jose Augustin Portal, Jimmie V. Reyna, Geri Word

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Recent Decisions Of The Mexican Supreme Court Of Justice, Omar Guerrero Rodriguez Mar 2001

Recent Decisions Of The Mexican Supreme Court Of Justice, Omar Guerrero Rodriguez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Concentrations: An Analysis Of The Mexican Economic Competition Legal Framework, Rafael Valdes-Abascal Mar 2001

Concentrations: An Analysis Of The Mexican Economic Competition Legal Framework, Rafael Valdes-Abascal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Some Brief Comments About The Pre-Merger Notification Processes In Mexico And The United States, Alfred Mathewson Mar 2001

Some Brief Comments About The Pre-Merger Notification Processes In Mexico And The United States, Alfred Mathewson

United States - Mexico Law Journal (1993-2005)

No abstract provided.


A Comparative Review Of Regulation Of Economic Competition In Mexico And The United States, Santiago Gonzalez Luna Mar 2001

A Comparative Review Of Regulation Of Economic Competition In Mexico And The United States, Santiago Gonzalez Luna

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Landmark Cases Related To Proceedings Commenced By The Cfc For Monopolistic Practices, Leon Ricardo Elizondo Castro Mar 2001

Landmark Cases Related To Proceedings Commenced By The Cfc For Monopolistic Practices, Leon Ricardo Elizondo Castro

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Public Offerings Of Securities In The United States By Mexican Companies: U.S. Securities Law, David Huntington Mar 2001

Public Offerings Of Securities In The United States By Mexican Companies: U.S. Securities Law, David Huntington

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Corporate Governance: An International And Mexican Perspective, Mike Lubrano Mar 2001

Corporate Governance: An International And Mexican Perspective, Mike Lubrano

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Comparative Perspectives Of The Regulatory Process, Santiago Gonzalez Luna, Leon Ricardo Elizondo Castro, Omar Guerrero Rodriguez, Alfred Mathewson, Rafael Valdes-Abascal Mar 2001

Comparative Perspectives Of The Regulatory Process, Santiago Gonzalez Luna, Leon Ricardo Elizondo Castro, Omar Guerrero Rodriguez, Alfred Mathewson, Rafael Valdes-Abascal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Public Offerings Of Securities: Mexican Law Issues, James E. Ritch Mar 2001

Public Offerings Of Securities: Mexican Law Issues, James E. Ritch

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Private Placement Of Mexican Securities: Mexican Law Issues, Francisco Carrillo Gamboa Mar 2001

Private Placement Of Mexican Securities: Mexican Law Issues, Francisco Carrillo Gamboa

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Corporate Governance Assessment: Mexico, Antje Zaldivar Mueller Mar 2001

Corporate Governance Assessment: Mexico, Antje Zaldivar Mueller

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Insider Trading And Other Hot Topics In The Mexican Markets, Miguel Jauregui Rojas Mar 2001

Insider Trading And Other Hot Topics In The Mexican Markets, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Private Placements Under United States Federal Securities Law, Terrence A. Everett Mar 2001

Private Placements Under United States Federal Securities Law, Terrence A. Everett

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Capital Markets Issues And Corporate Governance, John E. Rogers, Francisco Carrillo Gamboa, Terrence A. Everett, David Huntington, Miguel Jauregui Rojas, Mike Lubrano, James E. Ritch Mar 2001

Capital Markets Issues And Corporate Governance, John E. Rogers, Francisco Carrillo Gamboa, Terrence A. Everett, David Huntington, Miguel Jauregui Rojas, Mike Lubrano, James E. Ritch

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Mexican Lawyers Going North And U.S. Lawyers Going South: Interstate Legal Practice, Nafta And U.S. State Bar Regulations, Michael W. Gordon, George Bermann, Miguel Jauregui Rojas, Carlos Loperena Ruiz, William Macpherson, Stephen C. Nelson Mar 2001

Mexican Lawyers Going North And U.S. Lawyers Going South: Interstate Legal Practice, Nafta And U.S. State Bar Regulations, Michael W. Gordon, George Bermann, Miguel Jauregui Rojas, Carlos Loperena Ruiz, William Macpherson, Stephen C. Nelson

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Mexican Standards Related Policy And Regulation, Jose Augustin Portal Mar 2001

Mexican Standards Related Policy And Regulation, Jose Augustin Portal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Corporate Governance: A Mexican Perspective, Miguel Jauregui Rojas Mar 2001

Corporate Governance: A Mexican Perspective, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.