Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock
Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock
The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Gwaltney Of Smithfield Revisited, Ann Powers
Gwaltney Of Smithfield Revisited, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This article returns to the earlier Gwaltney decision, looking both to the text of the Gwaltney opinion, and to internal memoranda demonstrating the debate which occurred among the justices themselves over the nature of the beast with which they were dealing: a confusing mixture of subject matter jurisdiction, substantive cause of action and constitutionally based standing requirements. This review leads to the conclusion that the opinion's lack of analytical clarity, which created substantial confusion for courts and litigants, could have been avoided by a more carefully reasoned work based on the Court's internal discussions. Further, the Court's decision in Steel …