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1995

Law

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Articles 1 - 30 of 37

Full-Text Articles in Law

A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center Nov 1995

A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center

A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29)

20 pages.

Includes bibliographical references and biographical information for Federico Cheever and Murray D. Feldman.

Contents:

Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon / Federico Cheever -- The Sweet Home decision and private property issues / Murray D. Feldman -- Memorandum of Agreement between the State of Colorado and the Department of the Interior concerning programs to manage Colorado's declining native species

The U.S. Supreme Court decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon,115 S.Ct. 2407 (1995), held that the Department of the Interior reasonably construed Congress' intent when it included ...


Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center Nov 1995

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. Should the state be able to ...


Provincialism In United States Courts , Patrick M. Mcfadden Nov 1995

Provincialism In United States Courts , Patrick M. Mcfadden

Cornell Law Review

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 1995 Oct 1995

Mid-Atlantic Ethics Committee Newsletter, Fall 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Back To The Future: From Critical Legal Studies Forward To Legal Realism, Or How Not To Miss The Point Of The Indeterminacy Argument, John Hasnas Oct 1995

Back To The Future: From Critical Legal Studies Forward To Legal Realism, Or How Not To Miss The Point Of The Indeterminacy Argument, John Hasnas

Duke Law Journal

No abstract provided.


The Aftermath Of Kansas V. Colorado: Regulation Of Well Pumping In The Arkansas Valley, Hal Simpson, David L. Harrison, Michael T. Mitchell, Steve Arveschoug, University Of Colorado Boulder. Natural Resources Law Center Sep 1995

The Aftermath Of Kansas V. Colorado: Regulation Of Well Pumping In The Arkansas Valley, Hal Simpson, David L. Harrison, Michael T. Mitchell, Steve Arveschoug, University Of Colorado Boulder. Natural Resources Law Center

The Aftermath of Kansas v. Colorado: Regulation of Well Pumping in the Arkansas Valley (September 18)

27 pages.

Contents:

Draft rules and regulations governing the use, control, and protection of surface and ground water rights in the Arkansas River and its tributaries : revised draft, September 6, 1995 / Hal Simpson -- Lower Arkansas Water Management Association viewpoint / David L. Harrison -- Aftermath of Kansas v. Colorado : concerns of surface users / Michael T. Mitchell -- Aftermath of Kansas vs. Colorado : role of the Southeastern Colorado Water Conservancy District / Steve Arveschoug

On May 15, 1995 the Supreme Court handed down its opinion in the case of Kansas v. Colorado, 1995 WL 283477 (U.S.). At issue was how the Arkansas River Compact ...


Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg Sep 1995

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Tinker Tailored: Good Faith, Civility, And Student Expression, Mark G. Yudof Aug 1995

Tinker Tailored: Good Faith, Civility, And Student Expression, Mark G. Yudof

Faculty Scholarship

No abstract provided.


The Responsibility Of Law Schools: Educating Lawyers As Counselors And Problem Solvers, Paul Brest Jul 1995

The Responsibility Of Law Schools: Educating Lawyers As Counselors And Problem Solvers, Paul Brest

Law and Contemporary Problems

American legal education is as strong as ever in doctrine and legal analysis; however, it is strikingly weak in teaching other foundational skills and knowledge that lawyers need as counselors, problem solvers and negotiators. Brest proposes a series of advanced courses that integrate the fundamental lawyering skills of counseling, problem solving and negotiation with insights from other disciplines.


The Profession Of Law: Columbia Law School’S Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol Bensinger Liebman Jul 1995

The Profession Of Law: Columbia Law School’S Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol Bensinger Liebman

Law and Contemporary Problems

Columbia Law School's ethics course, "The Profession of Law," is an interactive, experiential exploration of legal ethics. The course puts students in a role and asks them to deal, with issues that most of them are likely to encounter, and then the students are asked to reflect on what their role-playing performance has taught them about legal ethics.


Mid-Atlantic Ethics Committee Newsletter, Summer 1995 Jul 1995

Mid-Atlantic Ethics Committee Newsletter, Summer 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Annotated Bibliography Of Educational Materials On Legal Ethics, Deborah L. Rhode Jul 1995

Annotated Bibliography Of Educational Materials On Legal Ethics, Deborah L. Rhode

Law and Contemporary Problems

Rhode presents an annotated bibliography that includes references to written and audiovisual materials for legal ethics courses and curricular integration projects.


Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber Jun 1995

Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber

David J. Gerber

No abstract provided.


Whooping Cranes And Piping Plovers: Watershed Problem Solving On The Platte, Elizabeth Rieke, Gordon W. (Jeff) Fassett, University Of Colorado Boulder. Natural Resources Law Center Apr 1995

Whooping Cranes And Piping Plovers: Watershed Problem Solving On The Platte, Elizabeth Rieke, Gordon W. (Jeff) Fassett, University Of Colorado Boulder. Natural Resources Law Center

Whooping Cranes and Piping Plovers: Watershed Problem Solving on the Platte (April 27)

21 pages.

Includes illustrations, maps, and biographical information for Gordon W. Fassett and James S. Lochhead.

Habitat for species listed as endangered under federal law along the Platte River in Nebraska has been adversely affected by decreased river flows, resulting in federal legal barriers to further water development throughout the basin in three states. In June 1994 state and federal officials entered an agreement to develop a basin-wide recovery plan. Elizabeth Rieke, Assistant Secretary for Water & Science, Dept. of Interior, will discuss federal perspectives. Gordon (Jeff) Fassett, Wyoming State Engineer, and J. Michael (Mike) Jess, Nebraska Director of Water Resources ...


Mid-Atlantic Ethics Committee Newsletter, Spring 1995 Apr 1995

Mid-Atlantic Ethics Committee Newsletter, Spring 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Deregulation Of The Natural Gas Industry, Elisabeth Pendley Mar 1995

Deregulation Of The Natural Gas Industry, Elisabeth Pendley

Implications of FERC Order No. 636 for the Natural Gas Industry (March 13)

4 pages.

Hot Topic: Implications of FERC Order No. 636 for the Natural Gas Industry.

After one year of natural gas pipeline deregulation, what impact has Order No. 636, issued by the Federal Energy Regulatory Commission in 1992, had on the natural gas industry - specifically, pipeline and local distribution companies? What additional changes might occur? Elisabeth Pendley, of KN Energy and the NRLC 1995 El Paso Natural Gas Law Fellow, will discuss the dramatic changes to the natural gas industry caused by FERC Order No. 636.


On Not Throwing Out The Baby: Planning The Future Of Legal Information, Robert C. Berring Mar 1995

On Not Throwing Out The Baby: Planning The Future Of Legal Information, Robert C. Berring

Faculty Scholarship

Legal information is undergoing a radical transformation. New information systems and formats appear regularly, and multinational conglomerates are becoming key players in the marketplace. In the midst of these developments, individuals and interest groups advocate fundamental changes to the way legal information is currently distributed and cited. One proposal, predicated on the notion that the law is a public good, is that the government should compile and distribute legal information to the public at low cost. According to this rationale, the government should replace private publishers as the primary distributor of legal information. Other commentators suggest modifying the citation system ...


Solomonic Bargaining: Dividing A Legal Entitlement To Facilitate Coasean Trade, Ian Ayres, Eric Talley Mar 1995

Solomonic Bargaining: Dividing A Legal Entitlement To Facilitate Coasean Trade, Ian Ayres, Eric Talley

Faculty Scholarship

No abstract provided.


Severability In Statutes And Contracts, Mark L. Movsesian Jan 1995

Severability In Statutes And Contracts, Mark L. Movsesian

Faculty Publications

Established doctrine on the severability of unconstitutional statutory provisions has drawn criticism on almost every conceivable basis. Commentators have condemned severability doctrine as too malleable and as too rigid; as encouraging judicial overreaching and as encouraging judicial abdication. They have criticized the doctrine's reliance on legislative intent and its disregard of legislative intent; its excessive attention to political concerns and its inattention to political concerns; its lack of any coherent explanation.

The reasons for this lingering controversy are easy to discern. One is purely pragmatic. "We live in an age of statutes." Legislation provides our primary source of law ...


Catholic Legal Education At The Edge Of A New Millennium: Do We Still Have The Spirit To Send Forth Saints?, Randy Lee Jan 1995

Catholic Legal Education At The Edge Of A New Millennium: Do We Still Have The Spirit To Send Forth Saints?, Randy Lee

Randy Lee

No abstract provided.


Not Just A Private Club: Self Regulatory Organizations As State Actors When Enforcing Federal Law, Richard L. Stone, Michael A. Perino Jan 1995

Not Just A Private Club: Self Regulatory Organizations As State Actors When Enforcing Federal Law, Richard L. Stone, Michael A. Perino

Faculty Publications

In the Securities Exchange Act of 1934, Congress enacted a comprehensive scheme for regulating the national securities markets. Pursuant to that scheme, the Securities and Exchange Commission was given ultimate authority to enforce the newly enacted securities laws against market participants. The Exchange Act also created a prominent enforcement role for national securities exchanges, like the New York Stock Exchange. Congress required these self-regulatory organizations as a condition for their continued operation to enforce, among other things, compliance by their members with the provisions of the Exchange Act and the rules and regulations promulgated thereunder. The SROs were also given ...


Drafting Mediation Privileges: Lessons From The Civil Justice Reform Act, Michael A. Perino Jan 1995

Drafting Mediation Privileges: Lessons From The Civil Justice Reform Act, Michael A. Perino

Faculty Publications

Mediation confidentiality provisions or privileges are now prevalent throughout the United States. Forty-one states have enacted some form of mediation privilege. As part of the Administrative Dispute Resolution Act of 1990, Congress enacted legislation to protect confidentiality in mediations involving federal agencies. An additional source for such provisions is the Civil Justice Reform Act of 1990 (CJRA), which required each federal district court to implement a civil justice expense and delay reduction plan (Plan(s)) by the end of 1993. Those Plans seek to implement mechanisms designed to address causes of excessive expense and delay in the federal courts.

A ...


Mid-Atlantic Ethics Committee Newsletter, Winter 1995 Jan 1995

Mid-Atlantic Ethics Committee Newsletter, Winter 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee Jan 1995

Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee

Scholarly Works

Modern natural law constitutionalists assert that the Constitution, properly understood, includes a kind of general trump card in the form of a moral reality which provides (or is, at any rate, thought to provide) a measure of all positive legal acts--whether framed in terms of the values of natural equality, natural rights, or “simple justice.”

This article explores why “trump card” natural law constitutionalism cannot by its nature adequately confront crucial issues of institutional design and democratic theory. In thus putting questions of moral substance ahead of crucial issues of authority, natural law constitutionalism appears to rest on a naive ...


Justice On Trial: The Efficacy Of The International Criminal Tribunal For Rwanda, Melissa Gordon Jan 1995

Justice On Trial: The Efficacy Of The International Criminal Tribunal For Rwanda, Melissa Gordon

ILSA Journal of International & Comparative Law

There can be no peace without justice, no justice without law, and no meaningful law without a court to decide what is just and lawful under any given circumstance. The process of codification, adjudication and enforcement is as vital to a tranquil international community as it is to any independent national state.

-Benjamin B. Ferencz'"

The success of the Yugoslavian and Rwandan War Crimes Tribunals will determine the future of international criminal law. Whether the Tribunals are able to command the attention and respect of the world remains to be seen.


The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw Jan 1995

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

Scholarly Works

No abstract provided.


Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry Jan 1995

Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry

Faculty Scholarship

Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational ...


The Protection Of Privacy In Health Care Reform, Paul M. Schwartz Jan 1995

The Protection Of Privacy In Health Care Reform, Paul M. Schwartz

Faculty Scholarship

No abstract provided.


Sex Wars Redux: Agency And Coercion In Feminist Legal Theory, Kathryn Abrams Jan 1995

Sex Wars Redux: Agency And Coercion In Feminist Legal Theory, Kathryn Abrams

Faculty Scholarship

No abstract provided.


Ballad Of A Thin Man: Sociolegal Studies In A Time Of Postmodern Crisis, Jonathan Simon Jan 1995

Ballad Of A Thin Man: Sociolegal Studies In A Time Of Postmodern Crisis, Jonathan Simon

Faculty Scholarship

This article comments on a speech by Boaventura de Sousa Santos which was addressed to the Law and Society Association during its Annual Meeting on June 3, 1995 in Toronto, Canada, about the metaphors of a new conception of law. According to Santos, what is taking place, as of 1995, is simultaneously a crisis of subjectivity and government. The project of emancipation, Santos suggests, has collapsed into regulation. Santos offers three metaphors for the kinds of knowledge and law which may facilitate the construction of postmodern subjectivities. In the frontier, the baroque, and the South, Santos finds emancipatory possibilities. He ...