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Partial Final Judgment And Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District Court, San Juan County, New Mexico

Native American Water Rights Settlement Project

Partial Final Decree of the Water Rights of the Navajo Nation: Parties: Navajo Nation, NM, New Mexico, USA, United States.

Contents:

1. Jurisdiction, p.2; 2. Reserved Rights to the Use of Water p.2; 3. Reserved Rights for Specified Surface Water Diversions p.2, including a) Navajo Indian Irrigation Project, p.3, b) Navajo-Gallup Water Supply Project, p.3; c) Animas-La Plata Project, p.4; d) Municipal and Domestic Uses, p.4; e) Hogback-Cudei Irrigation Project, p.4; f) Fruitland-Cambridge Irrigation Project p.5; 4. Supplemental Carriage Water, p.6; 5. Conditions, p.7; 6. Diversions for Navajo-Gallup Project Uses in Arizona, p.17; 7. Groundwater Rights, p.18; 8. Hydrographic Survey …

Lawyers And Precedent, Harlan G. Cohen

Scholarly Works

Despite common references to the “invisible college of international lawyers,” and the doctrinal role granted to “the most highly qualified publicists of the various nations,” the role of lawyers, as lawyers, in the creation, development, and maintenance of the international legal order remains oddly underexplored. This short essay, prepared as part of a symposium on “The Role of Non-State Actors in International Law,” explores the role of lawyers as independent actors within international law. It argues that focusing on lawyers can help provide insights into how international law develops — specifically here, how and why a practice of precedent seems …

International Law’S Erie Moment, Harlan G. Cohen

Scholarly Works

Who fills international law’s gaps? Whether over the meaning of bilateral investment treaties, the standards regarding detainee transfer, or the rules of non-international armed conflict, courts and states are increasingly in conflict over the authority to say what the law is. With international law’s increased judicialization, two competing visions of international law have emerged: One, a gap-filled international law, in which law is developed slowly through custom, argument, and negotiation, and a second, gap-less, in which disputes are resolved through a form of common law adjudication.

Drawing on growing literature on the law outside of courts, particularly out-of-court settlements, the …

The Dialectic Of Stare Decisis Doctrine, Colin Starger

All Faculty Scholarship

In the United States Supreme Court, the concept of stare decisis operates as both metadoctrine and doctrine. On the one hand, stare decisis functions as a generally applicable presumption in favor of adherence to precedent. This presumption is metadoctrinal because it provides a generic argument against overruling that applies independently of the substantive context of any given case. On the other hand, when the Court considers overruling a particularly controversial precedent, it usually weighs the constraining force of stare decisis by invoking factors and tests announced in its own prior caselaw. In other words, the Court has precedent about when …

Precedent And Jurisprudential Disagreement, Amy Coney Barrett

Journal Articles

This Article, a contribution to a symposium on constitutional foundations, maintains that an unappreciated function of stare decisis is that of referee between competing visions of the Constitution. Stare decisis is styled as a doctrine of error-correction, but in controversial cases, "error" is often a stand-in for disagreement about first principles. In these cases, stare decisis functions less to guide the business of correcting mistakes — a conception that oversimplifies the reality of pluralism on the Court — than to mediate intense disputes about the Court’s role in interpreting the Constitution. Identifying this function of stare decisis offers a different …

The Impact Of Codification On The Judicial Development Of Copyright, Christopher S. Yoo

All Faculty Scholarship

Despite the Supreme Court’s rejection of common law copyright in Wheaton v. Peters and the more specific codification by the Copyright Act of 1976, courts have continued to play an active role in determining the scope of copyright. Four areas of continuing judicial innovation include fair use, misuse, third-party liability, and the first sale doctrine. Some commentators have advocated broad judicial power to revise and overturn statutes. Such sweeping judicial power is hard to reconcile with the democratic commitment to legislative supremacy. At the other extreme are those that view codification as completely displacing courts’ authority to develop legal principles. …

Precedent And Reliance, Randy J. Kozel

Journal Articles

Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.

This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …