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Law Library Blog (December 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Canada And Transboundary Fisheries Management In Changing Oceans: Taking Stock, Future Scenarios, U.R. Sumaila, David Vanderzwaag

Articles, Book Chapters, & Popular Press

This article is the Introduction to the Special Feature entitled: Canada and Transboundary Fisheries Management in Changing Oceans: Taking Stock, Future Scenarios. We summarize the research context of the four papers in the Special Feature.

2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (April 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Choctaw Nation Of Oklahoma And The Chickasaw Nation Water Settlement, United States 114th Congress

Native American Water Rights Settlement Project

Federal Legislation; Parties: Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City, Oklahoma, United States. Purposes, pp 169-170; Definitions, pp. 170-2; Approval of Settlement Agreement, pp. 172-3; Approval of Amended Storage Contract & 1974 Storage Contract, pp.173-5; Settlement Area Waters, pp. 175-7; City Permit for Appropriation of Surface Water from the Kiamichi River, p. 177; Settlement Commission, pp. 177-8; Waivers and Releases of Claims, pp. 178-183; Enforceability Date, pp. 183-5; Jurisdiction, Waivers of Immunity for Interpretation and Enforcement, pp. 185-6; Disclaimers, pp. 186-7. [Source: Government Printing Office http://www.gpo.gov]

Slides: Flpma In Its Historical Context, John D. Leshy

FLPMA Turns 40 (October 21)

Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law

36 slides

This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.

See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm

Framework For Drafting Ecological Objectives For Water Sharing Plans - Submission Of The Nsw Aboriginal Land Council, Geoff Scott, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

4 pages

Contains 1 footnote

Letter addressed to Nick Cook, A/Team Leader, WSP Science & Evaluation - North, NSW Office of Water, from Geoff Scott, Chief Executive Officer, New South Wales Aboriginal Land Council.

Partial Final Judgment And Decree Of The Water Rights Of The Pueblos Of Nambé, Pojoaque, San Ildefonso, And Tesuque, Usdc, Dcnm

Native American Water Rights Settlement Project

Court Decree: Partial Final Judgment and Decree of the Water Rights of the Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque

Parties: Pueblos of Nambé, Pojoaque, San Ildefonso, Tesuque.

Contents: Approval of Settlement Agreement p. 2; Acquired Water Rights p. 3; Nambé Water Rights p. 3; Pojoaque Water Rights p. 5; Tesuque Water Rights p. 7; San Ildefonso Water Rights p.9; Limitations p. 11; Enforcement, Administration, Held in Trust p. 12.

Attachments: Attachment 1, p. 13: Nambé irrigation uses, domestic, community, commercial and industrial uses, livestock uses; Attachment 2, p. 25: Pojoaque irrigation uses, domestic, community, commercial and industrial …

Not Just A Passing Fad: Insights From The Use Of Artisanal Fish Aggregating Devices For Food Security In Kiribati, Brooke M. Campbell, Quentin A. Hanich, Aurelie Delisle

Faculty of Law, Humanities and the Arts - Papers (Archive)

Fish are the most important renewable resource in Pacific Island Countries and Territories (PICTs) for food protein, livelihoods, and economic growth (Bell et al., 2009 and Gillett and Cartwright, 2010). Considering food protein benefits alone, subsistence and small-scale commercial (i.e., artisanal) catches of fish account for over half of the total animal protein consumed annually in most PICTs (Bell et al., 2009; Gillett, 2009). The sustainable use and development of coastal Pacific fisheries resources plays an accordingly key role in strategic policy developments around the region (see e.g., Vava'u Declaration, 2007; Apia Policy 2008; Cairns Compact, 2009 and FSPWG., 2010). …

Fish, Food Security And Health In Pacific Island Countries And Territories: A Systematic Literature Review, Karen E. Charlton, Joanna Russell, Emma Gorman, Quentin A. Hanich, Aurelie Delisle, Brooke M. Campbell, Johann D. Bell

Faculty of Law, Humanities and the Arts - Papers (Archive)

Background: Pacific Island countries and territories (PICTs) face a double burden of disease, with a high prevalence of household food insecurity and childhood micronutrient deficiencies, accompanied by a burgeoning increase in adult obesity, diabetes and heart disease. Methods: A systematic literature review was undertaken to assess whether increased availability of, and access to, fish improves a) household food security and b) individual nutritional status. Results: A total of 29 studies were reviewed. Fourteen studies identified fish as the primary food source for Pacific Islanders and five studies reported fish/seafood as the primary source of dietary protein. Fish consumption varied by …

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.

Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO

25 slides

Yates V. United States: A Case Study In Overcriminalization, Stephen F. Smith

Journal Articles

In Yates v. United States, the Supreme Court will decide whether tossing undersized fish overboard can be prosecuted under the Sarbanes–Oxley Act of 2002, a law aimed at preventing massive frauds of the sort that led to the collapse of Enron and sent shock waves throughout the economy. Although the legal issue is narrow, the case has far-reaching significance. The Yates prosecution is a case study in the dangers posed by “overcriminalization”: the existence of multitudinous, often overlapping criminal laws that are so poorly defined that they sweep within their ambit conduct far afield from their intended target.

The …

The Contribution Of Nearshore Fish Aggregating Devices (Fads) To Food Security And Livelihoods In Solomon Islands, J Albert, Doug Beare, Anne-Maree Schwarz, Simon Albert, Regon Warren, James Teri, Faye Siota, Neil Andrew

Faculty of Law, Humanities and the Arts - Papers (Archive)

Fish aggregating devices, or FADs, are used widely in developing countries to concentrate pelagic fish, making them easier to catch. Nearshore FADs anchored close to the coast allow access for rural communities, but despite their popularity among policy makers, there is a dearth of empirical analysis of their contributions to the supply of fish and to fisheries management. In this paper we demonstrate that nearshore FADs increased the supply of fish to four communities in Solomon Islands. Estimated total annual fish catch ranged from 4300 to 12 000 kg across the study villages, with nearshore FADs contributing up to 45% …

Fish For The Future: Fisheries Development And Food Security For Kiribati In An Era Of Global Climate Change, Brooke M. Campbell, Quentin A. Hanich

Faculty of Law, Humanities and the Arts - Papers (Archive)

The report provides background information for subsequent fisheries projects in Kiribati that aim to build food security, improve artisanal livelihoods and strengthen community engagement in fisheries governance. It provides information on the current status of Kiribati fishery resources (oceanic and coastal), their current governance and future challenges. Fish and fisher alike pay little heed to maritime boundaries and bureaucratic distinctions. This report covers both sides of the oceanic/coastal boundary because of the I-Kiribati communities’ interest in oceanic fisheries such as tuna and their heavy dependence on its fisheries resources for food security and economic development. The report focuses on two …

The Fish Baby, Tara Goedjen

Faculty of Law, Humanities and the Arts - Papers (Archive)

A young mother carries her drooling baby through the parking lot. Shiny cars pass on either side of her as her heels click on the pavement. The baby begins to cry and its face turns red and swollen. The mother hushes............................

Excerpt From Merlinda Bobis’ Novel ‘Fish-Hair Woman’, Merlinda C. Bobis

Faculty of Law, Humanities and the Arts - Papers (Archive)

Three soldiers, two killed by their own guns, the third by asphyxiation. Under the berries ripening in haste: a crimson chest, a shattered groin, a snapped neck. And no moon, not even a firefly now to light the men’s frozen stare, this attempt to memorise the final tableau so they can take it to the other side. It was stingy dark in the coffee grove, a no-face night. One went by feel alone.

Listen to that night when the soldiers came to take me to the river, and how the coffee grove detained us. Tony, I want you to hear …

Filling The Gap: Commonsense Solutions For Meeting Front Range Water Needs: Executive Summary, Western Resource Advocates, Trout Unlimited, Colorado Environmental Coalition (U.S.)

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

8 pages.

"February 2011"

Presented by Drew Beckwith, Water Policy Manager, Western Resource Advocates, on June 10th at Clyde O. Martz Summer Conference 2011, Navigating the Future of the Colorado River Basin

Full report available at: http://www.westernresourceadvocates.org/gap

Who Are The Beneficiaries Of Fisk University's Stieglitz Collection?, Alan L. Feld

Faculty Scholarship

Most fiduciary relationships determine with specificity the beneficiaries of the fiduciary's activities. Not-for-profit entities, however, serve a class of unspecified beneficiaries and can exercise discretion in determining who to serve and how to serve them. This paper explores the limits of discretion that recent litigation established for Fisk University in balancing its educational mission and its administration of a valuable art collection donated decades earlier. The paper analyzes the case as it addresses respect for donor conditions, changes in circumstance, standing issues, the doctrine of cy pres and the designation of the appropriate class of public beneficiaries. Race and geography …

Slides: Environmental Water In Australia, Chris Arnott

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Chris Arnott, Managing Director, Alluvium Consulting

30 slides

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 …

Slides: Livestock Grazing On The Public Lands, Joe Feller

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: Joe Feller, Professor of Law, Arizona State University Law School; Visiting Professor, University of Colorado Law School

33 slides

S10rs Sgr No. 5 (Ole Miss New Mascot), Clark, Parker

Student Senate Enrolled Legislation

No abstract provided.

Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA

23 slides

Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.

This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.

Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited

12 slides

Navajo Nation Water Settlement & Northwestern New Mexico Rural Water Projects Acts Of 2009 (Includes Funding Mechanism For 3 Tribal Water Settlements In Nm), United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Omnibus Public Land Management, Title X - Water Settlements, Subtitle B - Northwestern New Mexico Rural Water Projects Navajo-Gallup Water Supply Project, PL 111-11, 123 Stat. 991. ◊ Parties: Navajo Nation and US. Part II, Section 10501 sets up the Reclamation Water Settlements Fund. For each of the fiscal years 2020 through 2029, the US will deposit 120M dollars into the Fund, if it is available, plus any interest which comes from Reclamation’s appropriation. The funds are to be spent on Indian water rights settlements that involve water supply infrastructure, to rehabilitate water delivery systems for conservation, or …

Rethinking Western Water Law: Instream Flows, Reed D. Benson

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

Presenter: Reed D. Benson, University of New Mexico School of Law

1 page.

Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates

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

Presenter: Sarah Bates, Western Progress

10 pages.

Includes bibliographical references

"Review Draft, May 15, 2008"