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- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (17)
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Articles 1 - 30 of 68
Full-Text Articles in Law
The Stare Decisis "Exception" To The Chevron Deference Rule, Rebecca White
The Stare Decisis "Exception" To The Chevron Deference Rule, Rebecca White
Scholarly Works
In this article, the author discusses how Chevron intersects with one important competing norm - stare decisis. Stare decisis counsels the Court to adhere to its own decisions, particularly statutory ones, absent substantial justification for departure. To what extent should stare decisis apply when an agency's interpretation of a statute, otherwise deserving of deference under Chevron, conflicts with a prior interpretation of the statute by the Supreme Court?
This article suggests the following answer: If the Court's prior opinion upheld the agency's interpretation as one reasonable reading of the statute, but not the only one possible, and the agency thereafter …
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.
Scholarly Works
This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …
Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg
Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would all know a lot about the ways juries differ from judges in their behavior. In fact, we know remarkably little. This Article provides the first large-scale comparison of plaintiff win rates and recoveries in civil cases tried before juries and judges. In two of the most controversial areas of modern tort law--product liability and medical malpractice--the win rates substantially differ from other cases' win …
Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay
Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay
Research Collection Yong Pung How School Of Law
While the constitutional injunction to independence is general, specific legislative provisions do not directly preclude the overall governance of the Party. In fact, the initial articles of the 1982 Constitution celebrate the 'dignity of the socialist legal system' (Article 5), and as the preamble confirms, the construction and maintenance of Chinese socialism remains under the leadership of the Communist Party of China. Therefore it might be argued that the protection of judicial power from the 'interference by administrative organs, public organisations or individuals' (Article 126) does not envisage the intervention of the Party.
Quality Meets Quantity: San Gabriel Valley, California, Mark J. Klaiman
Quality Meets Quantity: San Gabriel Valley, California, Mark J. Klaiman
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
23 pages (includes maps).
Quality Meets Quantity: San Gabriel Valley, California: The Metropolitan Water District Of Southern California Proposal, Thomas M. Stetson
Quality Meets Quantity: San Gabriel Valley, California: The Metropolitan Water District Of Southern California Proposal, Thomas M. Stetson
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
19 pages (includes illustrations and maps).
Contains footnotes.
Regional Water Supply Aspects Of San Gabriel Basin Superfund Process, Victor E. Gleason
Regional Water Supply Aspects Of San Gabriel Basin Superfund Process, Victor E. Gleason
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
19 pages (includes maps).
Transport Modeling – Technical And Legal Issues, Adrian Brown
Transport Modeling – Technical And Legal Issues, Adrian Brown
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
27 pages.
Contains footnotes.
Endangered Species: The Edwards Aquifer Litigation, Stuart N. Henry
Endangered Species: The Edwards Aquifer Litigation, Stuart N. Henry
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
7 pages.
Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom
Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
18 pages.
Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden
Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
17 pages.
Data, Correspondence, Reports And Exhibits For Groundwater Quality/Hazardous Waste Cases: File Preparation And Maintenance, James M. Kerr, Jr.
Data, Correspondence, Reports And Exhibits For Groundwater Quality/Hazardous Waste Cases: File Preparation And Maintenance, James M. Kerr, Jr.
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
7 pages.
Depositions And Oral Testimony [Outline], M.E. (Sandy) Macdougall
Depositions And Oral Testimony [Outline], M.E. (Sandy) Macdougall
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
16 pages.
Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin
Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
12 pages.
Case Preparation: The Expert Witness’ Role, Bruce E. Kroeker
Case Preparation: The Expert Witness’ Role, Bruce E. Kroeker
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
9 pages.
The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman
The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
9 pages.
Aquifer/Stream Relationships And Aquifer Recharge, Robert A. Longenbaugh
Aquifer/Stream Relationships And Aquifer Recharge, Robert A. Longenbaugh
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
13 pages.
Contains references.
Exporting Ground Water From Colorado’S San Luis Valley: Awdi’S Nontributary Claim, Eric J. Harmon
Exporting Ground Water From Colorado’S San Luis Valley: Awdi’S Nontributary Claim, Eric J. Harmon
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
12 pages.
Contains 1 page of references.
Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association
Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.
Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.
Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992.
This …
The Legal Framework For Aquifer Issues, Douglas L. Grant
The Legal Framework For Aquifer Issues, Douglas L. Grant
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
20 pages.
Contains references.
Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock
Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
14 pages.
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
All Faculty Scholarship
No abstract provided.
Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56
Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56
Flag Day & Law Day Ceremonies
No abstract provided.
Remarks: The Second Century Of The Second Circuit, Roger J. Miner '56
Remarks: The Second Century Of The Second Circuit, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
Judicial Federalism In Action: Coordination Of Litigation In State And Federal Courts, William W. Schwarzer, Nancy E. Weiss, Alan Hirsch
Judicial Federalism In Action: Coordination Of Litigation In State And Federal Courts, William W. Schwarzer, Nancy E. Weiss, Alan Hirsch
Faculty Scholarship
No abstract provided.
Civil Justice Reform And The Balkanization Of Federal Civil Procedure, Carl W. Tobias
Civil Justice Reform And The Balkanization Of Federal Civil Procedure, Carl W. Tobias
Law Faculty Publications
The recent civil war ripping apart Yugoslavia is a trenchant reminder of the horrors of balkanization. Without trivializing the Yugoslavian experience, the term balkanization usefully applies to developments in American federal civil procedure that now threaten the continued viability of a uniform, simple system of procedure. Thirty-four federal courts' nascent implementation of the Civil Justice Reform Act (CJRA) of 1990 will exacerbate these developments; indeed, if the remaining sixty districts that must issue civil justice expense and delay reduction plans by December 1993 fail to halt this trend, the Act will further fragment procedure. This article cautions those responsible for …
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
"Comparing Medical Provider Performance: A First Look At The New Era Of Medical Statistics", Neil B. Cohen, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton
Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton
Faculty Scholarship
Part I of this Article describes the administrative structure of the Eastern District of Virginia and its case management practices. Part II demonstrates that, despite the Eastern District of Virginia's status as one of the busiest federal district courts, it has consistently been one of the most efficient and effective federal courts in the nation. As a result, in Part III, this Article concludes that the experience of the Eastern District of Virginia raises many questions about the premises underlying the Civil Justice Reform Act, the proposed amendments to the Federal Rules, and the means by which Congress and the …
Review Of The Supreme Court's 1991-92 Term And Preview Of The 1992-93 Term For The Transnational Practitioner, J. Clark Kelso
Review Of The Supreme Court's 1991-92 Term And Preview Of The 1992-93 Term For The Transnational Practitioner, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker
A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker
Faculty Publications
No abstract provided.