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1990

Litigation

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Full-Text Articles in Law

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress Nov 1990

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement of 1990 Act, Title IV of the Arizona Desert Wilderness Act of 1990 (Jan. 15, 1990) (PL 101-628, 104 Stat. 4469, 4480) Parties: Fort McDowell Indian Community, AZ, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, & Central Arizona Water Conservation District. Act resolves Tribe's water rights in General Adjudication of the Gila River System and Source. Neighboring non-Indian communities will transfer rights to 12,000 a/f of surface water and provide means for …


Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States Jul 1990

Fort Hall Indian Water Rights Settlement Agreement Of 1990, Shoshone-Bannock Tribes Of The Fort Hall Indian Reservation, State Of Idaho, United States

Native American Water Rights Settlement Project

Settlement Agreement: Fort Hall Indian Water Rights Agreement of 1990. Parties: Shoshone Bannock Tribe and US. Agreement settles water rights arising under Second Treaty of Fort Bridger of July 3, 1868 and the Winters doctrine. The agreement recognizes a right to diversions from the Upper Snake River Basin of 581,031 a/f/y. Surface-water rights in Snake River and Sand Creek are 100-115,000 a/f/y depending on irrigation needs with a priority date of June 14, 1867. Due to Sand Creek water- fluctuations, an amount equal to that had in 1989 shall satisfy the right. Groundwater from Ross Fork Creek and Basin may …


Litigation Management Proposals: Storm Clouds For Voluntary Adr, Leo Dreyer Jul 1990

Litigation Management Proposals: Storm Clouds For Voluntary Adr, Leo Dreyer

Journal of Dispute Resolution

This Article will examine in detail some of the current reform proposals relating to case management of civil litigation and court-annexed alternative dispute resolution. These projects or proposals, discussed in more detail in ensuing sections, include the Final Report and Recommendations of the ABA Special Commission on Mass Torts,' the ALI Complex Litigation Project,' the Report of the Federal Courts Study Committee, 3 the Multiparty, Multiforum Jurisdiction Bill of 1989, 4 and the Civil Justice Reform Act of 1990 along with the underlying Report of the Civil Litigation Project.5


Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center Jun 1990

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …


An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform:"Mother Of God-Is This The End Of Rico?", G. Robert Blakey, Thomas A. Perry Apr 1990

An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform:"Mother Of God-Is This The End Of Rico?", G. Robert Blakey, Thomas A. Perry

Vanderbilt Law Review

In 1970 Congress enacted the Organized Crime Control Act, Title IX of which is known as the Racketeer Influenced and Corrupt Organizations Act, or RICO. Congress enacted the 1970 Act to "strengthen[]the legal tools in the evidence-gathering process, [to] establish[] new penal prohibitions, and [to] provid[e] enhanced sanctions and new remedies .,, RICO covers violence, the provision of illegal goods and services, corruption in labor or management relations, corruption in government, and commercial fraud. Congress found in 1970 that the sanctions and remedies available to combat these crimes under the law then in force were unnecessarily limited in scope and …


Book Reviews, Risk Editorial Board Mar 1990

Book Reviews, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Reviews of the following books prepared by the editors of Risk on the topic of toxic tort litigation and/or public regulation of toxic substances:

Frank B. Cross, Environmentally Induced Cancer and the Law: Risks, Regulation and Victim Compensation, (1989).

Chemical Contamination and Its Victims: Medical Remedies, Legal Redress, and Public Policy (David W. Schnare & Martin T. Katzman, eds., 1989.

The Role of Science in Toxic Tort Litigation: Evaluating Causation and Risk: Drawn from Papers Presented at the TIPS Annual Meeting, August 1988, Toronto, Canada. Chicago, Ill: Tort and Insurance Practice Section, American Bar Association.


Emergency In The Constitutional Law Of The United States, William B. Fisch Jan 1990

Emergency In The Constitutional Law Of The United States, William B. Fisch

Faculty Publications

In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …


Separation Of Powers, The Political Branches, And The Limits Of Judicial Review, Jonathan L. Entin Jan 1990

Separation Of Powers, The Political Branches, And The Limits Of Judicial Review, Jonathan L. Entin

Faculty Publications

No abstract provided.


Hearsay: Part Iv, Paul C. Giannelli Jan 1990

Hearsay: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Part I, Paul C. Giannelli Jan 1990

Hearsay: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Part Ii, Paul C. Giannelli Jan 1990

Hearsay: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Part Iii, Paul C. Giannelli Jan 1990

Hearsay: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Should Trial By Jury Be Eliminated In Complex Cases, Hugh H. Bownes Jan 1990

Should Trial By Jury Be Eliminated In Complex Cases, Hugh H. Bownes

RISK: Health, Safety & Environment (1990-2002)

One way in which the public participates in the management of Risk is as jurors. Here, the function of juries in civil litigation is discussed and the argument is made that problems with juries in complex cases may be solved by means short of eliminating juries altogether.


The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association Jan 1990

The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.


On Strategy, Richard K. Neumann, Jr. Jan 1990

On Strategy, Richard K. Neumann, Jr.

Fordham Law Review

No abstract provided.


New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz Jan 1990

New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz

Touro Law Review

No abstract provided.


Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach Jan 1990

Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach

Touro Law Review

No abstract provided.


The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier Jan 1990

The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier

Articles by Maurer Faculty

No abstract provided.


Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel Jan 1990

Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel

Scholarly Works

As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …