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- Celebrating the Centennial of the Antiquities Act (October 9) (3)
- Columbia Center on Sustainable Investment Staff Publications (3)
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- Indigenous Water Justice Symposium (June 6) (2)
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- Innis Christie Collection (2)
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- Coalbed Methane Development in the Intermountain West (April 4-5) (1)
- Endangered Species Act Congressional Field Tour (August 17-19) (1)
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- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
Law Library Blog (September 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Law Library Blog (August 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (August 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes
Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
Investor-state contracts are regularly used in low-and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.
This article explores how consultation …
Bridging The Information Gap: How Access To Land Contracts Can Serve Community Rights, Lara Wallis, Sam Szoke-Burke
Bridging The Information Gap: How Access To Land Contracts Can Serve Community Rights, Lara Wallis, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Land contracts (also known as investor-state contracts, or concession agreements) show what commitments a forestry, farming or renewable energy company has made and what the government has said the company can do on the land. These promises define the positive and harmful effects the company’s project could have on community members’ livelihoods and human rights, and on the environment.
Accessing land contracts is a crucial strategy for local organizations. This briefing note explains how local organizations can use land contracts and the Open Land Contracts repository (OpenLandContracts.org) to help communities to:
- Understand company and government obligations related to a company …
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Law Library Blog (August 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (August 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes
Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
Investor-state contracts are regularly used in low-and middle-income countries to grant concessions for land-based investments, such as agricultural or forestry projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This has serious implications for requirements for meaningful consultation, and, where applicable, free, prior, and informed consent (FPIC), and is particularly important in situations in which investor-state contracts grant the investor rights to lands or resources over which the community has legitimate claims.
The paper explores how consultation and FPIC processes can be integrated into …
Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council
Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
15 pages
Contains footnotes
"OPTIONS PAPER for the First Peoples' Water Engagement Council (FPWEC)"
"DATED 20 APRIL 2012"
Abstract: This paper highlights the options for a path forward to establish an Indigenous Economic Water Fund (IEWF) through acquisition of water entitlements1 by indigenous people in systems where the consumptive pool is fully allocated. The water allocation that comes from indigenous holdings in the consumptive pool is an important mechanism for enabling Indigenous communities to achieve economic development and as such is a legitimate strategy for ‘Closing the Gap’. …
Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison
Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison
Indigenous Water Justice Symposium (June 6)
Presenter: Jason Robison, University of Wyoming
15 slides
Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico
Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico
Native American Water Rights Settlement Project
Cost Share & Integration Agreement (Mar. 14, 2013); NM v. Aamodt, 66cv6639 USDC, DCNM. Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. Conformed to Aamodt Litigation Settlement Act, Pub. L. No. 111-291, tit. VI, 124 Stat. 3064, 3134-56 (2010). Parties agree to fund and the United States agrees to plan, design and construct the Regional Water System (RWS). The Bureau of Reclamation will build the system. The Secretary of Interior shall conduct government-to-government consultation with the Pueblos regarding well locations and maintaining appropriate confidentiality to protect traditional Pueblo practices. US …
Environmental Protection Agency Consultations With Indian Tribes: An Intercultural Struggle Over Process Of 'Consent', Denise Scannell Guida
Environmental Protection Agency Consultations With Indian Tribes: An Intercultural Struggle Over Process Of 'Consent', Denise Scannell Guida
Publications and Research
On November 6, 2000, President Bill Clinton signed his final executive order on
Consultation and Coordination with Tribal Governments. It was his last attempt to establish meaningful consultation processes with American Indians in the development of federal environmental policies. Based on ongoing environmental issues between the two cultures and the rising concern for environmental justice, the United States government wanted to identify the necessary improvements in communication and coordination among tribal and federal environmental programs, specifically regarding issues of information exchange, and creating partnerships among stakeholders. An analysis of the executive order, and a case study of the U.S. …
Aamodt Litigation Settlement Act Of 2010, United States 111th Congress
Aamodt Litigation Settlement Act Of 2010, United States 111th Congress
Native American Water Rights Settlement Project
Federal Legislation: Title VI: Aamodt Litigation Settlement of the Claims Settlement Act of 2010 (PL 111-291, 124 Stat 3064, 3134). 66cv06639, USDC, DCNM. Federal Legislation to resolve the water rights of Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque. Key provisions include: 1) a regional water diversion, treatment and distribution system to serve the Pueblos and the customers of Santa Fe County; 2) a Regional Water Authority, a county utility, and Pueblo water facilities; 3) operation, cost-sharing, and system integration; 4) Reclamation design and construction of the system; 5) conjunctive management of surface and groundwater; 6) well fields, aquifer storage …
Slides: Forest Service Planning At A Crossroads; New Approaches To Old Recommendations, Rick Cables
Slides: Forest Service Planning At A Crossroads; New Approaches To Old Recommendations, Rick Cables
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Rick Cables, Regional Forester, U.S. Forest Service - Rocky Mountain Region (Golden, CO)
23 slides
Notes On The Antiquities Act And Alaska, John Freemuth
Notes On The Antiquities Act And Alaska, John Freemuth
Celebrating the Centennial of the Antiquities Act (October 9)
2 pages.
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
13 pages.
Includes bibliographical references
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor James R. Rasband, Brigham Young University School of Law
20 slides
Day 1: Wednesday, 17 August 2005: Introduction, Mark Squillace
Day 1: Wednesday, 17 August 2005: Introduction, Mark Squillace
Endangered Species Act Congressional Field Tour (August 17-19)
5 pages.
Contains references.
Zuni Indian Tribe Water Rights Settlement In The Little Co River Basin, Zuni Indian Tribe Et Al
Zuni Indian Tribe Water Rights Settlement In The Little Co River Basin, Zuni Indian Tribe Et Al
Native American Water Rights Settlement Project
Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin (June 7. 2002) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville.
The Agreement resolves the Zuni Indian Tribe water rights in the Little CO River basin, AZ. The Zuni Tribe intends to reestablish and maintain the wetland environment …
Keynote Address, Rebecca Watson
Keynote Address, Rebecca Watson
Coalbed Methane Development in the Intermountain West (April 4-5)
6 pages.
Re Canada Post Corp And Cupw (105-95-00518), Innis Christie
Re Canada Post Corp And Cupw (105-95-00518), Innis Christie
Innis Christie Collection
There are six grievances. The Union alleges that the Employer breached the Collective Agreement by the assignment of duties without following the program of work established locally, changed some duties without meaningful consultation and did not ensure that employees assigned to coding duties were not required to code for entire shifts. The Union also requested that employees who had been improperly assigned be compensated.
The grievance fails. The Employer did not have temporary employees trained to code. This reduced the scheduling options. The lack of consultation was considered insignificant.
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
The Union contends that the Employer breached the Agreement by depriving employees of a rest day off (RDO), and changing work schedules without the meaningful consultation required by the Agreement. Further, the Union states that the scheduling changes carried out should have fallen under provisions for bidding. The Union asks that the employees affected by compensated by payment of double time for the day in question. The Employer position is that in changing the schedule it had acted within its rights and in accordance with the Agreement, and that it had attempted to conduct meaningful consultations with the Union, and …
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
Faculty Scholarship
No abstract provided.
Drafting The Arbitration Clause, Whitmore Gray
Drafting The Arbitration Clause, Whitmore Gray
Book Chapters
Providing in the contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense this is what he or she is doing in general in contract drafting--anticipating misunderstandings or problems which experience indicates are likely to arise, and trying to provide clear answers in advance. When it comes to drafting a specific clause for the resolution of further disputes which may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on or draw the other …