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Full-Text Articles in Law

Persuasion: A Model Of Majoritarianism As Adjudication, Christopher J. Peters Oct 2001

Persuasion: A Model Of Majoritarianism As Adjudication, Christopher J. Peters

All Faculty Scholarship

This article, which has been published in slightly revised form at 96 Nw. U.L. Rev. 1 (2001), is an application and extension of my theory of adjudication as representation, which holds that the procedural elements of litigant participation and interest representation confer democratic legitimacy on court decisions. In the article, I first develop the notion of a "majoritarian difficulty": the often-ignored tension between democratic self-rule and majority domination of the political minority. Second, I offer a model of majoritarianism as a type of adjudication, in which interested parties lobby for favorable decisions by a neutral decisionmaker. Third, I contend ...


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. Tribes have rights to surface water and its hydrologically connected groundwater in the Peoples Creek Basin; water may also be stored if kept within the Reservation; surface water is also available for livestock impoundments. Tribes have right to 8,024 a/f/y in surface of Beaver Creek Basin and groundwater hydrologically connected to surface for irrigation use. Tribes have right to water in the Missouri River Basin for non-irrigation purposes and may develop surface water for livestock (max 30 a/f/y impoundments.) Tribes have the following rights to off-reservation trust and fee lands in the Missouri and Peoples Creek Basins: 1,135 a/f/y for irrigation (priority date July 24, 1893), 1 ...


Elihu Root And Crisis Prevention, Mary Ellen O'Connell Jan 2001

Elihu Root And Crisis Prevention, Mary Ellen O'Connell

Journal Articles

No abstract provided.


Politics And Denial, Pierre Schlag Jan 2001

Politics And Denial, Pierre Schlag

Articles

No abstract provided.