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- St. Mary's Law Journal (55)
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- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (4)
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- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (4)
- Western Water Law in Transition (Summer Conference, June 3-5) (4)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (3)
- Groundwater in the West (Summer Conference, June 16-18) (3)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (3)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (3)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (3)
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- Air Quality Impacts from Oil and Gas Development (January 27) (2)
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- Dams: Water and Power in the New West (Summer Conference, June 2-4) (2)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (2)
- Life of the Law School (1993- ) (2)
- Michigan Journal of Environmental & Administrative Law (2)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (2)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (2)
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (2)
- A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11) (1)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
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Articles 121 - 150 of 150
Full-Text Articles in State and Local Government Law
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
St. Mary's Law Journal
The current workers’ compensation system shields negligent employers from liability and fails to encourage compliance with safety standards. A practical solution is to broaden the judicial definition of intentional conduct and reinstate a common-law negligence action in workers’ compensation statutes. The Texas Workers’ Compensation Act awards compensation to employees for accidental injuries sustained in the course of employment. The Act bars an employee who accepts these benefits from bringing a common-law suit for damages against the employer. The exclusive nature of the workers’ compensation remedy thus leaves employers immune from common-law negligence actions by employees who accept the plan. An …
Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii
Scources Of Liberty In The Texas Bill Of Rights., Arvel (Rod) Ponton Iii
St. Mary's Law Journal
Many historical, economic, and philosophical forces have combined to create a uniquely “Texian” perspective on liberty that has heavily influenced the Texas Bill of Rights. The original Texas Bill of Rights was drafted in 1836, during the ascendancy of Jacksonian democracy, following the successful revolt from the military dictatorship of General Santa Anna. Texans had lived under Spanish civil law, Mexican constitutional law, a Mexican military dictatorship, English common law, and the Bill of Rights of the United States. The Texas Revolution, the fact that many Texans looked to American and English jurisprudence for guidance, the violation of many rights …
Grizzly Bears, Politics And The Language Of Efficiency, Donald R. Snow
Grizzly Bears, Politics And The Language Of Efficiency, Donald R. Snow
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
13 pages.
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.
Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.
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.
Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock
Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock
Western Water Law in Transition (Summer Conference, June 3-5)
34 pages.
The Prior Appropriation System In Western Water Law: The Law Viewed Through The Example Of The Rio Grande Basin, James N. Corbridge Jr., Charles F. Wilkinson
The Prior Appropriation System In Western Water Law: The Law Viewed Through The Example Of The Rio Grande Basin, James N. Corbridge Jr., Charles F. Wilkinson
Western Water Law in Transition (Summer Conference, June 3-5)
17 pages.
Contains references.
Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center
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.
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott
St. Mary's Law Journal
Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …
Wetlands Preservation And The Protection Of Endangered Species As Limits On Western Water Development, A. Dan Tarlock
Wetlands Preservation And The Protection Of Endangered Species As Limits On Western Water Development, A. Dan Tarlock
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
25 pages.
Ogallala Ground Water, Morton W. Bittinger
Ogallala Ground Water, Morton W. Bittinger
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
12 pages.
Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:
- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"
- June 1981: "Water Resources Allocation: Laws and Emerging Issues"
- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"
- June 1983: "Groundwater: Allocation; Development and Pollution"
(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)
University of Colorado School of Law professors …
Water Problems & Issues Affecting United States-Mexico Relations: Policy Options & Alternatives, Albert E. Utton
Water Problems & Issues Affecting United States-Mexico Relations: Policy Options & Alternatives, Albert E. Utton
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
42 pages.
Contains 6 pages of endnotes.
Constitutional Restraints On Protecting State Interests In Water Rights, Charles E. Corker
Constitutional Restraints On Protecting State Interests In Water Rights, Charles E. Corker
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
33 pages.
Contains references.
A Century And A Half Of Interbasin Diversions Or 100 Years Since Coffin V. Left Hand Ditch Co., Ralph W. Johnson
A Century And A Half Of Interbasin Diversions Or 100 Years Since Coffin V. Left Hand Ditch Co., Ralph W. Johnson
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
19 pages.
Contains references.
Interbasin Transfer Economics: The High Plains Region, Allen Kneese
Interbasin Transfer Economics: The High Plains Region, Allen Kneese
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
44 pages (includes 1 map).
Land Subsidence And Ground-Water Pumping: Outline, Thomas L. Holzer
Land Subsidence And Ground-Water Pumping: Outline, Thomas L. Holzer
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
10 pages.
Contains research sources.
Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson
Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
11 pages.
Contains references.
Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken
Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
10 pages.
Contains references.
Federal Nonreserved Water Rights, Frank J. Trelease
Federal Nonreserved Water Rights, Frank J. Trelease
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
5 pages.
Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review
Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review
Michigan Law Review
Recently, state systems of financing public education have been overturned or seriously threatened by several state and federal court cases based on the equal protection clause of the fourteenth amendment. Rodriguez v. San Antonio Independent School District, which invalidated the Texas system of educational financing, will be argued before the Supreme Court next term. This Comment will examine the doctrinal and policy problems that the Court will confront and the alternative solutions that are available to the Court when it considers the constitutionality of the Texas system, which is typical of the educational financing programs that have generated so …
Compensation For Loss Of Earning Capacity, Robert R. Wright
Compensation For Loss Of Earning Capacity, Robert R. Wright
Faculty Scholarship
No abstract provided.
Civil Procedure-Right Of Impleader Under Michigan Contribution Statute, W. J. Roper
Civil Procedure-Right Of Impleader Under Michigan Contribution Statute, W. J. Roper
Michigan Law Review
Plaintiff, a resident of Michigan, brought a negligence action against defendant, an Illinois corporation, for personal injury in the Federal District Court for the Eastern District of Michigan. The defendant moved to implead a citizen of Michigan and a Michigan corporation as third party defendants on the theory that under the Michigan Contribution Statute as concurrent tortfeasors they would be liable to him for part of the judgment in the event that plaintiff recovered in the suit. The court granted the motion and the defendant filed its third party complaint. Plaintiff then moved to dismiss the third party complaint. Held …
Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr.
Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr.
Michigan Law Review
For the past decade and a half, one of the most harrassing problems in the realm of federal-state relationships has been that concerned with the ownership of the so-called "tidelands." This struggle of interests, which involves 23,000 square miles of offshore lands within the boundaries of the littoral states, has developed since 1937; for prior to that time, the Federal Government recognized the states' claims, making no assertion of federal ownership. The development of the conflict appears to be coextensive with the discovery and development of valuable mineral deposits found under these submerged lands, which have been leased to private …
Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston
Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston
Michigan Law Review
Plaintiff resided and was employed in Texas as the manager of a local store owned by a corporation which operated a chain of stores in various states. While visiting the main office of his employer in Illinois, he was injured through the negligence of the defendant taxicab company. After applying for and receiving compensation from his employer under the Workmen's Compensation Law of Texas, plaintiff then brought action in Illinois against defendant to recover damages for his personal injuries. Under the Workmen's Compensation Act of Texas an employee who has received compensation under the act may bring an action against …
Insurance - Insurable Interest In Life - Right Of Insured To Designate Beneficiary Without Insurable Interest, William D. Sutton
Insurance - Insurable Interest In Life - Right Of Insured To Designate Beneficiary Without Insurable Interest, William D. Sutton
Michigan Law Review
The Metropolitan Life Insurance Company issued a group insurance policy in the sum of $500 upon the life of appellant's husband. The husband paid all the premiums and designated a niece, appellee, the beneficiary therein. Several years prior to the issuance of the policy appellant had ceased to live with the insured, although a divorce had never been obtained. Appellant contested the recovery of the proceeds by appellee on the ground that said niece had no insurable interest in the life of insured. Held, judgment of the trial court awarding proceeds to appellee affirmed, on the ground that appellee …
Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell
Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell
Michigan Law Review
The charter of the city of Texarkana, Texas, provided that none of the privileges usually granted public utilities should be enjoyed in the city except such as were permitted by franchise given by the city council, and that such franchises should expressly reserve the right of regulating the utilities. The city entered a franchise agreement with respondent utility by which rates charged in the Texas city were not to be higher than those charged in another part of the city which was in Arkansas. The Arkansas rates were lowered by judicial action, and this proceeding was to enforce the lower …
Municipal Corporations-Power Of Congress To Pass Act For Readjustment Of Municipal Debts
Municipal Corporations-Power Of Congress To Pass Act For Readjustment Of Municipal Debts
Michigan Law Review
In 1934, Congress amended the National Bankruptcy Act so as to authorize any municipality or other political subdivision of any state to effect a readjustment of its debts by proceedings in courts of bankruptcy. A water district in Texas petitioned the United States District Court asking for a readjustment of its obligations. After the dismissal of the proceedings in the District Court, but before the reversal of the decision by the Court of Appeals, the state legislature of Texas passed an act empowering municipalities and other political subdivisions to proceed under the federal statute. Held, that the municipal debt …
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Michigan Law Review
Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant's title to the Texas land resulting from a Texas statute of which both parties were ignorant at the time of the transaction. Held, a mistake of foreign law is a mistake of fact authorizing equitable relief. Miller v. Bieghler, 123 Ohio St. 227, 174 N.E. 774 (1931).
Interstate Commerce Commission - Intrastate Rates, Edwin C. Goddard
Interstate Commerce Commission - Intrastate Rates, Edwin C. Goddard
Articles
The marvelous possibilities for collision between State and Nation involved in our dual form of government are nowhere better or more often exhibited than in commerce regulation. We have long been learning the definition of the commerce which the constitution gives Congress power to regulate. It is only recently that we are finding how this power reaches over into purely intrastate business done by a carrier also engaged in interstate commerce. That nearly all rail carriers are now engaged in such business, even when their lines are wholly intrastate, has been often illustrated under the Second Employer's Liability Act. In …