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

Native American Water Rights Settlement Project

Federal legislation: Jicarilla Apache Tribe Water Rights Settlement Act of 1992, PL 102-441, 106 Stat. 2237. Parties: Jicarilla Apache Nation, NM and the US. The US and the Tribal President are authorized to enter into a Settlement Contract. Sections 3 and 4 of the Upper Colorado River Basin Compact should provide sufficient water. The Contract provides 33,500 a/f/y diversion from the Navajo Reservoir or Navajo River, and 6,500 a/f/y from the San Juan-Chama Project. Tribe is entitled to return flows and may subcontract for beneficial uses off reservation, but such uses are subject to state, federal and international law. The …

Causation In Fact In Omission Cases, David A. Fischer

Faculty Publications

This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.

The Gains From Faith In An Unfaithful Agent: Settlement Conflicts Between Defendants And Liability Insurers, Michael J. Meurer

Faculty Scholarship

A pervasive problem in the settlement of liability litigation arises because liability insurers bundle their promise to indemnify the insured with a promise to represent the insured in settlement and litigation [see, e.g., Beckwith Machinery Co. v. Travelers Indemnity Co., 638 F.Supp. 1179 (W.D. Pa. 1986)]. Standard policies not only require the insurer to pay for legal representation but, more importantly, give the insurer the privilege of controlling the litigation and settlement process. The problem is how to resolve the conflict of interest between the insurer and the insured that may arise during settlement negotiations. This conflict is manifest when …

Stories Versus Theories At The Cardozo Evidence Conference: It's Just Another Metaphor To Me, Lewis H. Larue

Scholarly Articles

Not available.

Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.

Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.

Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992.

This …

Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson

Scholarly Works

The dispute over whether litigants may use experts to run unexamined hearsay into the trial record is a microcosm of a larger debate. The larger question is whether judicial review of expert testimony should be passive, or whether the expert witness process should be marked by active judicial policing. Does the plethora of expert opinions presently being offered in modern trials merit special scrutiny by the courts?

Some scholars urge that courts must accommodate experts. Proponents of this view favor few challenges to the unrestricted rendition of opinions by an expert, whether the expert is real or self-proclaimed. Under this …

The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds

Faculty Scholarship

No abstract provided.

Litigation As A Predatory Practice, Gary Myers

Faculty Publications

This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.

Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Work Product Rejected: A Reply To Professor Allen, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article responds to Professor Ronald Allen's Work Product Revisited: A Comment on Rethinking Work Product.

Power And Legal Artifice: The Federal Class Action, Bryant Garth

Articles by Maurer Faculty

Using case studies and interviews with lawyers and representatives in class actions, this article explores the contribution that class actions make to their ostensible beneficiaries. The article first distinguishes the major types of class actions in terms of the roles of lawyers and class representatives, ranging from very passive representatives to individuals intensively involved with the dispute that gave rise to the litigation. The article next seeks to evaluate the class actions. On the basis of the results of the class actions, the article finds that class actions cannot be proclaimed major contributors to social change. The focus on results, …

Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli

Faculty Publications

No abstract provided.

"Other Acts” & Character Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Unattainable Justice: The Form Of Complex Litigation And The Limits Of Judicial Power, Jay Tidmarsh

Journal Articles

Part I begins the inquiry by describing the practical and theoretical factors that have led various courts and commentators to label particular types of litigation "complex." Although all the definitions provide important data about the nature of complex litigation, none capture its full breadth. Thus, the task of the Article's next two Parts is to develop a formal and inclusive definition. Part II builds the theoretical framework for the definition by describing the form of adjudication and the positive assumptions of modern civil litigation.

Next, Part III demonstrates that complex litigation arises from the friction between the real-world problems outlined …

The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman

Articles

No abstract provided.