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Full-Text Articles in Legal History

"They Would Do As They Pleased, As They Had The Power": Gender Violence And The American Settler-Colonial Project, 1830-1890, Noelle Iati May 2021

"They Would Do As They Pleased, As They Had The Power": Gender Violence And The American Settler-Colonial Project, 1830-1890, Noelle Iati

Women's History Theses

This thesis investigates the role of gender violence and sexual terror in westward settler expansion of the United States in the nineteenth century. I posit that gender violence was not simply a symptom of war and colonization, but an integral piece of the American colonization strategy. Using studies of three locations during three different periods, I have found that the local, territorial, state, and federal governments all actively deployed sexual assault and other forms of gendered terror as methods of removing Indigenous peoples to reservations and rancherías, opening their lands to settlement and resource exploitation for the purpose of acquiring …


Fault Lines: An Empirical Legal Study Of California Secession, Bill Tomlinson, Andrew W. Torrance Dec 2020

Fault Lines: An Empirical Legal Study Of California Secession, Bill Tomlinson, Andrew W. Torrance

Seattle Journal of Technology, Environmental & Innovation Law

Over the last decade, multiple initiatives have proposed that California should secede from the United States. This article examines the legal aspects of California secession and integrates that analysis with findings from an empirical study of public perceptions of such secession. There is no provision in the United States Constitution allowing states, or other political or geographical units, to secede unilaterally. The Civil War was fought to uphold this principle, and the United States Supreme Court confirmed it in its 1869 Texas v. White decision. Nevertheless, numerous instances of secession, both legal and extralegal, have occurred across human history, and …


Ethical Cannabis Lawyering In California, Francis J. Mootz Iii Dec 2018

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …


Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Mar 2016

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …


The National Park Idea: Historical Misconceptions And Ecological Realities, Alfred Runte Sep 1986

The National Park Idea: Historical Misconceptions And Ecological Realities, Alfred Runte

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

17 pages.

Contains references.


Water Conservation Through Integrated Basinwide Implementation, Steven J. Shupe Jun 1986

Water Conservation Through Integrated Basinwide Implementation, Steven J. Shupe

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

12 pages.


Special Water Districts: Their Role In Western Water Use, Timothy De Young Jun 1986

Special Water Districts: Their Role In Western Water Use, Timothy De Young

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

11 pages.

Contains references.


Policies To Enhance Western Water Use Efficiency: Best Of The West, Bruce C. Driver Jun 1986

Policies To Enhance Western Water Use Efficiency: Best Of The West, Bruce C. Driver

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.


Toward Optimal Utilization Of Water Resources: The “Physical Solution", Harrison C. Dunning Jun 1986

Toward Optimal Utilization Of Water Resources: The “Physical Solution", Harrison C. Dunning

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.


Water Transfers And Exchanges: Using The Market To Improve Water Use—A Legal/Institutional View, Gary D. Weatherford Jun 1986

Water Transfers And Exchanges: Using The Market To Improve Water Use—A Legal/Institutional View, Gary D. Weatherford

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.


Opportunities For Improving The Ways We Use Water, Thomas M. Stetson Jun 1986

Opportunities For Improving The Ways We Use Water, Thomas M. Stetson

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

40 pages.

Contains references.


Agenda: Western Water: Expanding Uses/Finite Supplies, University Of Colorado Boulder. Natural Resources Law Center Jun 1986

Agenda: Western Water: Expanding Uses/Finite Supplies, University Of Colorado Boulder. Natural Resources Law Center

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell and David H. Getches.

This conference featured luncheon talks by Colorado Governor Richard D. Lamm and Undersecretary of the Department of the Interior Ann McLaughlin. The conference attracted 115 registrants from 19 states plus the District of Columbia.


Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center Jun 1985

Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.

Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.


Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr. Jun 1985

Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.

Western Water Law in Transition (Summer Conference, June 3-5)

16 pages.


Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe Jun 1985

Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe

Western Water Law in Transition (Summer Conference, June 3-5)

14 pages.


The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning Jun 1985

The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.


Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer Jun 1985

Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.


Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock Jun 1985

Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock

Western Water Law in Transition (Summer Conference, June 3-5)

34 pages.


Western Ground Water Law: Overview And Recent Developments, J. David Aiken Jun 1985

Western Ground Water Law: Overview And Recent Developments, J. David Aiken

Western Water Law in Transition (Summer Conference, June 3-5)

27 pages.


Administering Water Rights: The Permit System, Lawrence J. Wolfe Jun 1985

Administering Water Rights: The Permit System, Lawrence J. Wolfe

Western Water Law in Transition (Summer Conference, June 3-5)

69 pages.

Contains references.


Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center Jun 1985

Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center

Western Water Law in Transition (Summer Conference, June 3-5)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell, Richard B. Collins, David H. Getches and Charles F. Wilkinson.

The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.