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Maurer School of Law: Indiana University

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Articles 1 - 29 of 29

Full-Text Articles in Water Law

"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade Oct 2020

"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade

Indiana Law Journal

Decades of stringent immigration enforcement along the Southwest border have pushed migrants into perilous desert corridors. Thousands have died in border regions, out of the general public view, yet migrants continue to attempt the dangerous crossings. In response to what they see as a growing humanitarian crisis, activists from organizations such as No More Deaths seek to expand migrant access to water, to honor the human remains of those who did not survive the journey, and to influence public opinion about border enforcement policies. Government officials, however, have employed a range of tactics to repress this border-policy "dissent," including blacklists, …


Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman Oct 2019

Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman

Indiana Law Journal

Although much of the earth’s surface is covered with water, less than one percent of water is available for human use. Water is becoming progressively scarcer worldwide, as demand increases and pollution, drought, and climate change jeopardize access to clean water. The United States is no exception to that trend. Effective regulation of water supplies can blunt the impacts of water scarcity. This Article suggests that states can—and should—regulate instream flows and lake levels in their federally-mandated water quality standards, with an eye toward conserving scarce water resources. Regulating water quantity as an element of water quality is not only …


Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania Jul 2014

Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania

Indiana Journal of Global Legal Studies

In the legal scholarship, the 'new governance' mode of governance advances an administrative arrangement where decision-making is shared amongst a range of actors, both public and private. The flexible, responsive, and collaborative governance orientation is intended to counter the ill effects of a coercive, top-down, state-centric, command-and-control approach to governance. Critics contend the new governance framework can displace the interests of local communities, disempower individuals, and dislodge basic human rights. The U.S. military has adopted such an adaptive approach in its own governance structure, which in this article is referred to as: the new governance "mentality." This mentality of governance …


Takings And The Right To Fish And Float In Colorado, Aaron Pettis Jan 2014

Takings And The Right To Fish And Float In Colorado, Aaron Pettis

Indiana Law Journal

No abstract provided.


Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford Apr 2013

Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford

Indiana Law Journal

No abstract provided.


Plugging The Democracy Drain In The Struggle For Universal Access To Safe Drinking Water, Tara Paul Jan 2013

Plugging The Democracy Drain In The Struggle For Universal Access To Safe Drinking Water, Tara Paul

Indiana Journal of Global Legal Studies

Privatization of water delivery services has become a global trend as states seek ways to shift both political and economic costs to private actors. The advantage of privatization is that it relieves governments of the daunting expense of repairing and expanding water infrastructure in order to improve quality and reach marginalized communities. But water privatization has also been deeply criticized for corrupt practices, increasing prices to the poor, undermining human rights objectives, and dodging accountability. This note aims to find middle ground, acknowledging that privatization is an important tool to increase freshwater access, but that treating water as a human …


The Human Right To Water: Will Its Fulfillment Contribute To Environmental Degradation?, Alezah Trigueros Jul 2012

The Human Right To Water: Will Its Fulfillment Contribute To Environmental Degradation?, Alezah Trigueros

Indiana Journal of Global Legal Studies

Human rights and environmental protection are two often overlapping bodies of law, each of which by their nature seeks to take priority over other applicable law. For this reason, these two bodies of law often find themselves in tension with one another. This Note aims to illustrate the tension between human rights and environmental protection in the context of the recent push for a codified human right to water. My thesis is that ideally these two bodies of law should balance each other out-a human right to water would be subject to environmental safeguards, and, likewise, conservation efforts would be …


Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry Oct 2009

Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry

Indiana Law Journal

No abstract provided.


The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer Dec 2006

The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer

Federal Communications Law Journal

In December 2000, Congress passed the Information Quality Act - a two sentence rider to a 712-page Appropriations Bill. The Information Quality Act, which seeks to ensure the quality of government-disseminated information, places the White House Office of Management and Budget in a supervisory role. The Office of Management and Budget subsequently finalized a set of mandatory Guidelines applicable to all federal agencies. Among other things, the Guidelines require adherence to the scientific standard articulated in the 1996 Amendments to the Safe Drinking Water Act where such agencies engage in risk analysis to human health, safety, and the environment. As …


Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher Apr 1995

Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher

Indiana Journal of Global Legal Studies

No abstract provided.


The Flow Of International Water Law: The International Law Commission's Law Of The Non-Navigational Uses Of International Watercourses, David J. Lazerwitz Oct 1993

The Flow Of International Water Law: The International Law Commission's Law Of The Non-Navigational Uses Of International Watercourses, David J. Lazerwitz

Indiana Journal of Global Legal Studies

No abstract provided.


The Great Lakes As A Water Resource: Questions Of Ownership And Control, Julia R. Wilder Jul 1984

The Great Lakes As A Water Resource: Questions Of Ownership And Control, Julia R. Wilder

Indiana Law Journal

No abstract provided.


The Senegal Valley Authority: A Unique Experiment In International River Basin Planning, Theodore Parnall, Albert E. Utton Jan 1976

The Senegal Valley Authority: A Unique Experiment In International River Basin Planning, Theodore Parnall, Albert E. Utton

Indiana Law Journal

No abstract provided.


Thermal Electric Power And Water Pollution: A Sitting Approach, Billy Darrell Mcdaniel Jul 1970

Thermal Electric Power And Water Pollution: A Sitting Approach, Billy Darrell Mcdaniel

Indiana Law Journal

No abstract provided.


Development Of International River Basin: Regulation Of Riparian Competition: Part Ii, Nitza Shapiro-Libia Jan 1970

Development Of International River Basin: Regulation Of Riparian Competition: Part Ii, Nitza Shapiro-Libia

Indiana Law Journal

No abstract provided.


Water Law And Administration: The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Fletcher N. Baldwin, Jr., A. Dan Tarlock Jan 1970

Water Law And Administration: The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Fletcher N. Baldwin, Jr., A. Dan Tarlock

Indiana Law Journal

No abstract provided.


Development Of International River Basins: Regulation Of Riparian Competition, Nitza Shapiro-Libai Oct 1969

Development Of International River Basins: Regulation Of Riparian Competition, Nitza Shapiro-Libai

Indiana Law Journal

No abstract provided.


Emerging Patterns For Regulation Of Consumptive Use Of Water In The Eastern United States, Sheldon J. Plager, Frank E. Maloney Jan 1968

Emerging Patterns For Regulation Of Consumptive Use Of Water In The Eastern United States, Sheldon J. Plager, Frank E. Maloney

Indiana Law Journal

No abstract provided.


The Tva Cases: A Quarter Century Later, George D. Haimbaugh Jr. Jan 1966

The Tva Cases: A Quarter Century Later, George D. Haimbaugh Jr.

Indiana Law Journal

No abstract provided.


Surface Water In Indiana, Thomas L. Shaffer Oct 1963

Surface Water In Indiana, Thomas L. Shaffer

Indiana Law Journal

No abstract provided.


The Right To Counsel In Federal Courts And The Proposed Amendments To The Federal Rules Of Criminal Procedure Oct 1963

The Right To Counsel In Federal Courts And The Proposed Amendments To The Federal Rules Of Criminal Procedure

Indiana Law Journal

No abstract provided.


Public Rights In Indiana Waters, G. Graham Waite Jul 1962

Public Rights In Indiana Waters, G. Graham Waite

Indiana Law Journal

No abstract provided.


Water Rights In Indiana Oct 1956

Water Rights In Indiana

Indiana Law Journal

No abstract provided.


Public Or Private Power-Responsibilities Of The Fpc Jul 1954

Public Or Private Power-Responsibilities Of The Fpc

Indiana Law Journal

No abstract provided.


Municipal Ownership Of Utilities In Indiana, Harry T. Ice Oct 1946

Municipal Ownership Of Utilities In Indiana, Harry T. Ice

Indiana Law Journal

No abstract provided.


Appendix, Mayburn F. Landgraf Oct 1946

Appendix, Mayburn F. Landgraf

Indiana Law Journal

No abstract provided.


Power Of State Of Indiana To Prevent Pollution Of The Ohio River Jan 1943

Power Of State Of Indiana To Prevent Pollution Of The Ohio River

Indiana Law Journal

Notes and Comments: Conservation


Ohio, Indiana, Illinois V. Kentucky Fishing Rights In The Ohio River, John D.T. Bold Jun 1939

Ohio, Indiana, Illinois V. Kentucky Fishing Rights In The Ohio River, John D.T. Bold

Indiana Law Journal

No abstract provided.


Waters And Water Courses-Natural Lakes And Ponds-Nature And Extent Of Riparian Rights Jan 1934

Waters And Water Courses-Natural Lakes And Ponds-Nature And Extent Of Riparian Rights

Indiana Law Journal

No abstract provided.