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- Articles (3)
- Western Water Law in Transition (Summer Conference, June 3-5) (3)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (2)
- All Faculty Scholarship (1)
- Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1) (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison
Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison
Articles
The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (“VAR”) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.
The Persistence Of Proximate Cause: How Legal Doctrine Thrives On Skepticism, Jessie Allen
The Persistence Of Proximate Cause: How Legal Doctrine Thrives On Skepticism, Jessie Allen
Articles
This Article starts with a puzzle: Why is the doctrinal approach to “proximate cause” so resilient despite longstanding criticism? Proximate cause is a particularly extreme example of doctrine that limps along despite near universal consensus that it cannot actually determine legal outcomes. Why doesn’t that widely recognized indeterminacy disable proximate cause as a decision-making device? To address this puzzle, I pick up a cue from the legal realists, a group of skeptical lawyers, law professors, and judges, who, in the 1920s and 1930s, compared legal doctrine to ritual magic. I take that comparison seriously, perhaps more seriously, and definitely in …
A Theory Of Adjudication: Law As Magic, Jessie Allen
A Theory Of Adjudication: Law As Magic, Jessie Allen
Articles
This article takes a new approach to the problem of legal rationality. In the 1920s and 1930s the Legal Realists criticized judicial decisions as "magic solving words" and "word ritual." Though the Realist critique continues to shape American jurisprudence, the legal magic they observed has never been seriously explored. Here, drawing on anthropological studies of magic and ritual, I reconsider the irrational legal techniques the Realists exposed. My thesis is that the Realists were right that law works like magic, but wrong about how magic works. That is, they were right that adjudication makes use of a particular combination of …
Mining Regulation And Takings, L. Thomas Galloway
Mining Regulation And Takings, L. Thomas Galloway
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
All Faculty Scholarship
In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …
Wyoming’S New Instream Flow Law, Gordon W. Fassett
Wyoming’S New Instream Flow Law, Gordon W. Fassett
Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)
28 pages.
Contains references.
Unresolved Issues In Federal Reserved Rights, Michael D. White
Unresolved Issues In Federal Reserved Rights, Michael D. White
Western Water Law in Transition (Summer Conference, June 3-5)
12 pages.
Administering Water Rights: The Permit System, Lawrence J. Wolfe
Administering Water Rights: The Permit System, Lawrence J. Wolfe
Western Water Law in Transition (Summer Conference, June 3-5)
69 pages.
Contains references.
Administering Water Rights: The Colorado System, Raymond L. Petros
Administering Water Rights: The Colorado System, Raymond L. Petros
Western Water Law in Transition (Summer Conference, June 3-5)
140 pages (includes illustrations and maps).
Contains bibliography.
Hybrid Systems: Outline, Harrison C. Dunning
Hybrid Systems: Outline, Harrison C. Dunning
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
4 pages.
Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.
Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
8 pages.