Law Commons^™

Terrorism Risk Insurance: Is It Really Working?, Rebecca Demarest

Honors Projects in Mathematics

This paper investigates terrorism risk insurance in the United States as well as those programs offered in other countries throughout the world. In the United States, particular attention is devoted to the interaction of government with private insurers to maintain an effective insurance program. An analysis is performed comparing terrorism insurance before and after the attacks on the World Trade Center on September 11, 2001. The paper looks into actual terrorist events that have occurred focusing on 56 world-wide events that are associated with property losses greater than $10 million. This paper not only investigates the losses that were incurred …

Price Gouging: A Gray Area, Mathis Mateus

Common Reading Essay Contest Winners

Second Place

Essay Prompt: In Justice, Sandel discusses a number of contemporary political issues (e.g. price gouging during the 2004 Hurricane, the 2008-9 financial meltdown, the volunteer army, pregnancy surrogates, executive pay, slavery reparations, immigration, and gay marriage). Take a position on one of the issues discussed in the book and make the best case that you can for why this position is the most just. You may include evidence from the book, your prior studies, your own experience, and/or outside research. (Outside research is not required.)

Isolated Wetland Commons And The Constitution, Blake Hudson, Michael Hardig

Journal Articles

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

Scholarly Works

This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …

Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Resolution Act of 2010, Title V: Taos Pueblo Indian Water Rights Settlement of 2010 (Sec. 501) Parties: Pueblo of Taos, NM, US, Town of Taos, El Prado Water & Sanitation District, Acequia Madre del Rio Lucero y del Arroyo Seco, Acequia Madre del Prado, Acequia del Monte, Acequia Madre del Rio Chiquito, Upper Ranchitos Mutual Domestic Water Consumers Assn, Upper Arroyo Hondo Mutual Domestic Water Consumers Assn, Llano Quemado Mutual Domestic Water Consumers Assn. Federal Legislation to approve, ratify, and confirm the Taos Pueblo Indian Water Rights Settlement; to authorize and direct the Secretary to execute the …

White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Settlement Act of 2010, TITLE III—White Mountain Apache Tribe Water Rights Quantification, PL111-291| 124 Stat 3064, 3073 (Dec. 8, 2010). Parties: White Mountain Apache Tribe, US, AZ. The Act ratifies, authorizes, and confirms the WMAT Water Rights Quantification settlement; authorizes the DOI Secretary to execute the and take all necessary action; to authorize appropriations; and, to permanently resolve certain damages and water rights in the general adjudication of the Gila River System and Little CO River System. The provides for: 1) environmental compliance; 2) tribal water rights; 3) CAP reallocation; 4) tribal leasing, distributing, exchanging or allocation …

A Tale Of Two Standards: An Exploration Of Us Gaap And Ifrs, Allyson Lagasse

Honors Projects in Accounting

The research in this paper has two objectives. Beginning with an examination of the historical development of how financial reporting standards are set in the United States and around the world, the Financial Accounting Standards Board and the International Accounting Standards Board will be studied. Setting financial reporting standards in the United States is currently a responsibility of the Financial Accounting Standards Board, while many countries abroad utilize International Financial Reporting Standards, maintained by the International Accounting Standards Board. After detailing the historical development of each of the two boards and the sets of standards they maintain, the paper continues …

Slides: Fuel Choice Determines Transmission, Doug Larson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Doug Larson, Western Interstate Energy Board

26 slides

The African-American Child Welfare Act: A Legal Redress For African-American Disproportionality In Child Protection Cases, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This article proposes a radical change in the way African-American children and families are handled within the legal system when abuse and neglect are at issue. African-American disproportionality in child protection cases is significant for the United States because documentation shows that African-American children are overrepresented in the child welfare system in forty-eight states, although research shows that there is no difference in the occurrence of child abuse and neglect among the races. The first part of the article presents an overview of disproportionality by presenting the national statistics and research, revealing where racial bias and disparate treatment occurs within …

Action On Global Warming: Making Room For Tribal Governments In The New Kind Of Wedge Issue, Dean B. Suagee

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Dean B. Suagee, Of Counsel, Hobbs, Straus, Dean & Walker LLP, Washington, D.C.

1 page.

What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho

Faculty Publications

The time may come, far in the future, when contracts and arrangements between persons of the same sex who abide together will be recognized and enforced under state law. When that time comes, property rights and perhaps even mutual obligations of support may well be held to flow from such relationships. But in my opinion, even such a substantial change in the prevailing mores would not reach the point where such relationships would be characterized as "marriages". At most, they would become personal relationships having some, but not all, of the legal attributes of marriage. And even when and if …

The Constitutional Foundations Of Chenery, Kevin M. Stack

Vanderbilt Law School Faculty Publications

The Supreme Court regularly upholds federal legislation on grounds other than those stated by Congress. Likewise, an appellate court may affirm a lower court judgment even if the lower court's opinion expressed the wrong reasons for it. Not so in the case of judicial review of administrative agencies. The established rule, formulated in SEC v. Chenery Corp., is that a reviewing court may uphold an agency's action only on the grounds upon which the agency relied when it acted. This Article argues that something more than distrust of agency lawyers is at work in Chenery. By making the validity of …

Tax Fraud, Money Laundering And The Financing Of Organized Crime, Erin Todisco

Honors Projects

Demonstrates that tax fraud and money laundering are major means of financing organized crime operations and argues that more aggressive enforcement of the tax code and money laundering legislation are necessary to help stop such crime.

Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fallon Paiute Shoshone Tribes Settlement Act of 2006 in Native American Technical Corrections Act of 2006 (PL 109-221, Sec. 104, 120 Stat. 336) This Act amends Sec. 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990. The amendment concerns restructuring of management of Fallon Paiute Shoshone Tribes Settlement Fund. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-109publ221/pdf/PLAW-109publ221.pdf]

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement (negotiations assistance) Act of 2004, Title IV of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. Certain provisions in Titles I-III relate to water for the Tribe if settlement is reached and other matters. This Act provides funding for the San Carlos Apache Tribe Water Rights Settlement negotiations. For three years, the DOI Secretary shall submit an annual report to Congress describing the status of efforts to negotiate an agreement covering the Gila River water rights with Tribe. …

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Central AZ Project Settlement of 2004 - (Sec. 103) Parties: Tohono O'Odham Tribe & US Sets forth general permissible uses of the Central AZ Project (CAP), including for domestic, municipal, fish and wildlife, and industrial purposes. The DOI Secretary will reallocate 197,500 acre-feet of agricultural priority water made available pursuant to the AZ Water Settlement for use by AZ Indian tribes, of which: (1) 102,000 acre-feet shall be reallocated to the Gila River Indian Community; (2) 28,200 acre-feet shall be reallocated to the Tohono O'odham Nation (formerly the Papago Tribe); and (3) 67,300 acre-feet shall be reallocated to …

Nez Perce Tribe - Snake River Water Rights Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: TITLE X--Snake River Water Rights Act of 2004, Consolidated Appropriations Act of 2005 PL 108-447, 118 Stat. 2809 (Dec. 8, 2004). Parties: Nez Perce Tribe, US, ID. The Agreement or "Mediator's Term Sheet" was entered in on April 20, 2004 and resolves the Nez Perce Tribe's water rights claimed in the Snake River Basin adjudication in Idaho.

Towards Sustainable Management Of The Ogallala High Plains Aquifer [Abstract], Susan Stover, Thomas L. Huntzinger, Brownie Wilson

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.

Reinventing Tax Expenditure Reform: Improving Program Oversight Under The Government Performance And Results Act, Mary L. Heen

Law Faculty Publications

In this Article, Professor Heen examines the new framework for performance-based management and oversight of federallyfunded programs, describes emerging efforts to incorporate tax expenditures into the performance review process, and places these developments into context by evaluating past experiences with tax expenditure reform. Professor Heen concludes that the new framework provides a promising executive branch mechanism for achieving a more coordinated review of functionally related government programs, whether funded or implemented through direct expenditures, tax expenditures, or regulatory programs. However, as past experience illustrates (including, for example, experience with employment subsidies such as the Work Opportunity Tax Credit and the …

Chippewa-Cree Tribe Of The Rocky Boy Reservation Indian Reserved Water Rights Settlement And Water Supply Enhancement Act Of 1999, United States 106th Congress

Native American Water Rights Settlement Project

Federal legislation: Chippewa-Cree Tribe of the Rocky Boy Reservation Indian Reserved Water Rights Settlement and Water Supply Enhancement Act of 1999 (PL 106–163, 113 Stat. 1778) Act approves and ratifies the Water Rights Compact entered into on April 14, 1997, by the Tribe and MT, as modified by this Act. Directs the Secretary of the Interior to execute and implement the Compact. Requires the US, the Tribe, or MT to petition the MT Water Court to enter and approve the proposed decree. Provides an expiration date; a tribal water code. Satisfies any entitlement to Federal Indian reserved water of any …

San Luis Rey Indian Water Rights Settlement Act Of 1988, Amendment Of Oct. 14, 1998, United States 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Luis Rey Indian Water Rights Settlement Act Amendment, PL 105-256, 112 Stat. 1896, 1899 (Oct. 14, 1998). Parties: La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, US. San Luis Rey Indian Water Rights Settlement Act, Sec. 105(c) is amended to authorize disbursement of a total of $8M, of which $1.6M will go to each of the Bands, from the interest income which has accrued to the Fund. The disbursed funds shall be invested or used for economic development of the Bands. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]

Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe

Native American Water Rights Settlement Project

Settlement - State Legislation: There is no stand alone settlement agreement: Water Rights Compact - MT, Chippewa-Cree Tribe of Rocky Boy's Reservation & US of 1997 (MCA 85-20-601) This Compact arose out of a MT state court water rights adjudication. It serves both as settlement agreement and state legislation. The Compact sets forth the Tribe’s rights and involve Stoneman Reservoir, East Fork Reservoir, Gravel Coulee, Lower Big Sandy Creek, Ancestral Missouri River Channel Aquifer, Box Elder Creek, Beaver Creek, Camp Creek, Duck Creek, Gorman Creek, Lake Elwell, Bonneau Reservoir, Brown’s Reservoir, and new impoundments. It identifies rights in groundwater and …

Energy And Water Development Appropriations Act Of 1996, Title V, General Provisions, Sec 507, United States 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Energy and Water Development Appropriations Act of 1996, General Provisions (Nov. 13, 1995) (PL 104-46, Title V, § 507, 109 Stat. 402, 419 )The DOI Secretary is to proceed with construction of facilities in conformance with the Oct. 25, 1991 final Biological Opinion for the Animas-La Plata Project, Colorado and New Mexico. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-104publ46/pdf/PLAW-104publ46.pdf]

The Utah Wilderness Debate (Or Is That Debacle), Jeffrey W. Appel

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

95 pages (includes illustrations and maps).

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, Amendments Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1994, Sec. 1. PL 103-263, 108 Stat. 575. Amending PL 102-374 by adding provisions assigning responsibility of cost of environmental compliance for Tongue River Dam Project to the US, including reimbursements to MT. [Source| http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1994&isCollapsed=false&leafLevelBrowse=false&isDocumentResults=true&ycord=1025]

Ute Indian Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation, Title V - Ute Indian Rights Settlement of the 1992 Act To authorize addition Act to authorize additional appropriations for the construction of the Buffalo Bill Dam & Reservoir, Shoshone Project, Pick-Sloan MO Basin Program, WY, PL 102-575, 106 Stat. 4601, 4650 (Oct. 30, 1992). Parties: US & Ute Tribe. The 1990 Compact is ratified. The Act and revised Ute Indian Compact of 1990 are intended to quantify the Tribe’s reserved water rights; allow increased beneficial use of the water and put the Tribe in the same economic position it would have enjoyed had the Upalco and Uintah …

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement Act of 1992, Title 37 of An Act to authorize additional appropriations for the construction of the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming (Oct. 30, 1992) PL 102-575, 106 Stat. 4600, 4740. Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improve and Power District, Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. Tribe is a part of the Gila Water Rights Adjudication. This Act ratifies …

1992 Amendments 1984 Ak-Chin Water Act, United States 102th Congress

Native American Water Rights Settlement Project

Federal Legislation: Ak-Chin Water Use Amendments of 1992 Sec. 10 (PL 102-497, § 10, 106 Stat. 3258, H.R. 5686 (102nd)) amending Ak-Chin Water Use Act of 1984. Gives Ak-Chin the right to lease or devote permanent water supply to any use, including agricultural, municipal, industrial, commercial, mining, recreational or any other beneficial use, in areas initially designated as Pinal, Phoenix and Tucson Active Management Areas pursuant to AZ Groundwater Management Act of 1980, pursuant to a contract that has been accepted and ratified by a resolution of Ak-Chin Indian Community Council and approved and executed by Secretary. Water rights may …

Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, Amendments Of 1991, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: 1991 Amendments to Salt River Pima-Maricopa Indian Community Water Rights Settlement of 1988 (Dec. 17, 1991} Amends the Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988 (PL 100-512, sections7(a), 7(d), 10(a)(1)(A), 10(a)(1)(B), and 12(b)) to extend the deadline for completing such Settlement from Dec. 31, 1991, to June 30, 1992. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1025]

Fallon Paiute Shoshone Indiantribes Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation & Settlement: The Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (PL 101-618, 104 Stat. 3289). There is no separate Settlement Agreement. Title I -- Fallon Paiute Shoshone Tribal Settlement Act creates the Fallon Paiute Shoshone Tribal Settlement Fund and authorizes appropriations of $3 M for 1992 and $8 M for each of 1993, 1994, 1995, 1996 and 1997 for a total of $43M. The income of the fund is authorized for Tribal economic development, rehabilitation of the irrigation system, acquisition of water rights and other listed purposes. The Tribes will develop a management plan …