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State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Colorado (10)
- Clean Water Act (9)
- United States (8)
- Commerce Clause (5)
- Public trust doctrine (5)
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- West (5)
- CWA (4)
- Water quality (4)
- Arizona (3)
- Beneficial use (3)
- California (3)
- Constitution (3)
- Enforcement (3)
- Fish and wildlife (3)
- Idaho (3)
- Prior appropriation doctrine (3)
- Recreation (3)
- Section 404 (3)
- Washington (3)
- Water quality standards (3)
- Wetlands protection (3)
- Appropriation doctrine (2)
- Colorado Water Quality Control Act (2)
- Commerce (2)
- Conditional water rights (2)
- Dredge and fill (2)
- Endangered Species Act (2)
- Federal reserved rights (2)
- Fisheries (2)
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Articles 1 - 30 of 37
Full-Text Articles in State and Local Government Law
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Michigan Law Review
Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …
Interstate Federalism, Lea Brilmayer
The New Federalism In West Virginia, Thomas B. Miller
The New Federalism In West Virginia, Thomas B. Miller
West Virginia Law Review
No abstract provided.
Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr.
Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr.
Florida State University Law Review
In School Board v. Arline, the United States Supreme Court determined that people who suffer from tuberculosis can be protected from employment discrimination by the Rehabilitation Act of 1973. Arline is certain to affect people afflicted with AIDS-related disorders who suffer discrimination. In this Article, Professor Wasson examines the Arline decision and the effect it will have on AIDS-related discrimination. Also, he examines provisions of the United States Constitution, acts of Congress, state law, and municipal ordinances, all of which might provide alternative measures of protection for those who suffer AIDS-related discrimination.
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Scholarly Works
Charles Cooper believes that the ninth amendment should be read at once more broadly and more narrowly than it is today. In his view, the intent of the Framers was to cabin the power of the federal government. By taking note in the ninth amendment of rights other than those enumerated in the first eight, they sought to ensure that the national government would not exercise powers beyond those listed in the Constitution. Since the aim of the ninth amendment was to keep the federal government one of limited power, it is inappropriate to apply the amendment to the states, …
Wetlands Protection: The 404 Program, Patrick A. Parenteau
Wetlands Protection: The 404 Program, Patrick A. Parenteau
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
13 pages.
Includes unsigned annotations by David Getches.
The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray
The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
56 pages.
Includes unsigned annotations by David Getches.
The Homestake Project & Water Quality Issues, Tad Foster
The Homestake Project & Water Quality Issues, Tad Foster
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
5 pages (includes 1 map).
Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos
Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
43 pages.
Reconciling Large-Scale Water Development And Water Quality Effects, James S. Sanderson
Reconciling Large-Scale Water Development And Water Quality Effects, James S. Sanderson
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
6 pages.
Integrating Water Quality Objectives With Traditional Water Rights In California: The Sacramento–San Joaquin Delta Case, Ronald B. Robie
Integrating Water Quality Objectives With Traditional Water Rights In California: The Sacramento–San Joaquin Delta Case, Ronald B. Robie
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
14 pages (includes 1 map).
Public Interest Review Of Water Right Allocation And Transfer In The West: Recognition Of Public Values, Douglas L. Grant
Public Interest Review Of Water Right Allocation And Transfer In The West: Recognition Of Public Values, Douglas L. Grant
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
37 pages.
Contains references.
Nurturing Public Values In The Water Resource—The Montana Way, Matthew W. Williams
Nurturing Public Values In The Water Resource—The Montana Way, Matthew W. Williams
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
21 pages.
Contains references.
Instream Flow Protection In The Western States: A Survey And Comparison, Brian E. Gray
Instream Flow Protection In The Western States: A Survey And Comparison, Brian E. Gray
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
32 pages.
Contains references.
Emerging Policy And Strategy Choices For Protection Of The Groundwater Resource, Richard H. Braun
Emerging Policy And Strategy Choices For Protection Of The Groundwater Resource, Richard H. Braun
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
22 pages.
Contains 2 pages of references.
Federal Regulatory Rights In Water, Lawrence J. Macdonnell
Federal Regulatory Rights In Water, Lawrence J. Macdonnell
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
29 pages.
Contains 1 page of references.
New Developments In Water Rights On Public Lands: Federal Rights And State Interests, Christopher H. Meyer
New Developments In Water Rights On Public Lands: Federal Rights And State Interests, Christopher H. Meyer
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
25 pages.
Contains footnotes and 2 pages of references.
Converting Conditional Water Rights To Instream Flow Protection: A Property Transfer Strategy, David L. Harrison
Converting Conditional Water Rights To Instream Flow Protection: A Property Transfer Strategy, David L. Harrison
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
64 pages.
Contains references.
State Water Planning To Protect Public Needs, David H. Getches
State Water Planning To Protect Public Needs, David H. Getches
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
44 pages.
In The Beginning God Created The Public Trust Doctrine?, Ralph W. Johnson
In The Beginning God Created The Public Trust Doctrine?, Ralph W. Johnson
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
15 pages.
Water As A Public Resource: The Legal Basis, Charles F. Wilkinson
Water As A Public Resource: The Legal Basis, Charles F. Wilkinson
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
37 pages.
Contains 2 pages of references.
Includes unsigned annotations by David Getches.
In Defense Of Private Rights In Water, Charles J. Meyers
In Defense Of Private Rights In Water, Charles J. Meyers
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
4 pages.
Includes unsigned annotations by David Getches.
Public Access To Shorelines And Beaches: Alternative Approaches And The Taking Issue, Richard Hildreth
Public Access To Shorelines And Beaches: Alternative Approaches And The Taking Issue, Richard Hildreth
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
50 pages.
Water Development, Wildlife And Recreation: Panel, Charles W. Howe
Water Development, Wildlife And Recreation: Panel, Charles W. Howe
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
32 pages.
Contains 5 pages of footnotes and tables and 2 pages of references.
Includes a paper: "Option Value: Empirical Evidence from a Case Study of Recreation and Water Quality" by Douglas A. Greenley, Richard G. Walsh and Robert A. Young. A final version of this paper was published in 96(4) The Quarterly Journal of Economics (1981): 657-673.
The Use Of “Nonnavigable” Water For Public Purposes, John E. Thorson
The Use Of “Nonnavigable” Water For Public Purposes, John E. Thorson
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
18 pages.
Contains references.
Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, and Charles F. Wilkinson.
This conference focused on the legal rights associated with a broad range of public uses and interests in water including recreation, fish and wildlife protection, and water quality. Evolving legal areas such as the public trust doctrine, instream flow laws, federal reserved rights, and wetlands protection were discussed.
Water as a Public Resource: Emerging Rights and Obligations considered the extension of the public trust doctrine to areas previously not covered by this concept, as well as developments in …
Is There Independent Life In The Indiana Constitution?, Patrick Baude
Is There Independent Life In The Indiana Constitution?, Patrick Baude
Indiana Law Journal
No abstract provided.
Power To The People? A Critique Of The Florida Supreme Court's Interpretation Of The Referendum Power In Florida Land Company V. City Of Winter Springs, 427 So. 2d 170 (Fla. 1983), Patricia Leary
Florida State University Law Review
No abstract provided.
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Choosing The Appropriate State Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia: A Theory Applied To Maryland Law, Stephen J. Shapiro
Choosing The Appropriate State Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia: A Theory Applied To Maryland Law, Stephen J. Shapiro
University of Baltimore Law Review
Forty-two U.S.C. section 1983 provides individuals with a federal cause of action for violations of their constitutional rights by persons acting under color of state law. The statute itself contains no limitations period for the filing of suits and, in keeping with settled federal practice, the lower federal courts have looked to state law to determine the proper limitations period. Because the lower courts adopted various inconsistent approaches to determining the appropriate state limitations period, the Supreme Court, in Wilson v. Garcia, held in 1985 that the federal courts should adopt the state limitations period for personal injury actions. In …