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Full-Text Articles in Social and Behavioral Sciences

The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton May 2019

The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton

All Graduate Theses and Dissertations

Sue-and-settle is the name applied to a federal agency’s use of litigation to create policy outside of the normal regulatory process. This paper discusses the impact that the sue-and-settle policy has had on Congress, the judiciary, and the Environmental Protection Agency. Specifically, this paper will discuss the issues caused by the perception of collusion within the sue-and-settle policy. First, this paper examines whether a relationship occurs between the litigants. The paper then discusses whether the relationship between the litigants in sue-and-settle cases tends to be collusive or not. The second part of the paper examines how Congress, the Environmental ...


1923 - California County Boundaries With Maps, Owen C. Coy Jan 2019

1923 - California County Boundaries With Maps, Owen C. Coy

Miscellaneous Documents and Reports

The object of this volume is to present a brief but comprehensive account of the formation of the counties of California, together with a more detailed study of the location and changes in the county boundaries. Beginning with the first legislature, in 1849, which divided the state into twenty-seven counties, the agitation for new counties and for county boundary changes has continued down to the present time, when there are fifty-eight counties, with consequent radical changes in boundary lines.


1920 - Third Biennial Report Of The State Water Commission Of California Jan 2019

1920 - Third Biennial Report Of The State Water Commission Of California

Miscellaneous Documents and Reports

The California State Water Commission was created to carry out the terms of the Water Commission Act passed by the Legislature in 1913, and approved under referendum December 19, 1914. This act provides for a definite record of water right titles and constitutes a code of water law governing the use of surface water and underground water :flowing through known and definite channels, based upon rights by appropriation. It is designed to serve three main purposes.

First-To provide a definite system for public supervision of the initiation of water rights acquired subsequent to the adoption of the act and a ...


1919 - Catalogue Of Materials In The Archivo General De Indias For The History Of The Pacific Coast And The American Southwest, Chapman Jan 2019

1919 - Catalogue Of Materials In The Archivo General De Indias For The History Of The Pacific Coast And The American Southwest, Chapman

Miscellaneous Documents and Reports

The Sevillian archive, Archivo General de Indias, contained a wealth of materials on almost every conceivable subject in Spanish colonial administration and was the most valuable single archive on that field in existence. As of 1919, much material of the Spanish period relating to regions now within the United States was still found in various local archives. The report listed the pertinent files on California history in general and that of regions in the direct line of approach to California, especially Baja California and Sonora but also affairs of the easterly provinces of the northern frontier from Nueva Vizcaya to ...


1929 - California Irrigation Districts, Bulletin No. 21 Jan 2019

1929 - California Irrigation Districts, Bulletin No. 21

Miscellaneous Documents and Reports

The investigation is an enlargement of a study outlined February, 1926, by the late state engineer, Wilbur F. McClure, and cooperating agencies. Work on the project was suspended in 1927 but was resumed early in 1928 at the request of the California Economic Research Council, whose committee on irrigation economics prepared the schedule used in the field investigation.

An earlier report on this subject by the same author covered the situation up to 1915, and was published as Bulletin 2 of the State Department of Engineering. This report, together with Bulletin 2, presented the most complete information it had been ...


1923 - Irrigation Requirements Of California Lands, Bulletin No. 6, Appendix B, Report To The Legislature Jan 2019

1923 - Irrigation Requirements Of California Lands, Bulletin No. 6, Appendix B, Report To The Legislature

Miscellaneous Documents and Reports

The legislature of 1921 appropriated $200,000 for an investigation of California's water resources by the State Department of Public Works, Division of Engineering and Irrigation. Accordingly, an engineering investigation was completed.

California's agricultural lands are those portions of the state that have suitable soils, disposed in appreciable areas of regular surface conformation, favorable climate, and other requisite conditions for the production of harvestable crops. Included in these, are lands at present deficient in natural moisture, but more or less conveniently situated for the ultimate acquisition of an accessory water supply. These agricultural lands produced, or were capable ...


Putting Ethnography On The Witness Stand: Review Of Interrogating Ethnography: Why Evidence Matters, Janet K. Keeler Jan 2019

Putting Ethnography On The Witness Stand: Review Of Interrogating Ethnography: Why Evidence Matters, Janet K. Keeler

The Qualitative Report

Lawyer, historian and author Steven Lubet’s Interrogating Ethnography: Why Evidence Matters puts several well-known urban ethnographies on the figurative witness stand and finds that some don’t hold up to legal (and journalistic) scrutiny. The author encourages social science researchers to employ fact-checking techniques to increase the veracity of their work. While Lubet praises social science researchers for their altruistic missions and painstaking data collection in the field he finds follow-up research often lacking. He recognizes that ethnographers do not want to be the adversaries of marginalized subjects but believes that more rigorous vetting of data is crucial to ...


2011 - Economic Contributions Of Monterey County Agriculture Jan 2019

2011 - Economic Contributions Of Monterey County Agriculture

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

This report analyzed Monterey County agriculture’s total contribution to the local economy. The findings offered the fullest picture yet of agriculture’s economic role. This report should be of interest to policymakers, the public, and anyone who values a vibrant local economy.

The calculations were drawn from local and national sources. Local sources include annual Crop Reports and industry experts. Local experts included local economists, agriculture industry organizations, and the 13-person Agricultural Advisory Committee for Monterey County that provided input into the research. National data sources included federal government statistics and a widely used economic modeling program called IMPLAN ...


1993 - Lessons Learned From The California Drought (1987-1992) - National Study Of Water Management During Drought Jan 2019

1993 - Lessons Learned From The California Drought (1987-1992) - National Study Of Water Management During Drought

Miscellaneous Documents and Reports

The 1987-92 drought in California put the long-term strategy of drought protection as well as short-term drought response measures to a severe test. The report provides background information and data on California's economy and water resources, the existing water management system. , a chronology of major drought events and significant drought response actions during the droughts.

The report summarizes the contents of the interviews pertaining to four general aspects of the drought: (1) critical drought impacts, (2) communication and cooperation, (3) the role and responsibilities of the media, and (4) response to the drought of the general public and water ...


1994 - Monterey County Water Resources Agency Ordinance 03790 Jan 2019

1994 - Monterey County Water Resources Agency Ordinance 03790

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

This ordinance provides for the management of all groundwater wells within the Castroville Seawater Intrusion Project area, known as Zone 2B, following the completion and start-up of the Castroville Seawater Intrusion Project. It prohibited and otherwise restricted pumping from groundwater wells in Zone 2B, and it provided for the classification of the various wells, for the maintenance and limited operation of standby wells, and for the destruction of abandoned wells, contaminated wells, wells that allow cross-contamination of aquifers in intruded areas, and other wells. The ordinance established a procedure for the destruction of wells, a variance procedure, an appeals procedure ...


2000 - Preparing For California's Next Drought -- Changes Since 1987-92 Jan 2019

2000 - Preparing For California's Next Drought -- Changes Since 1987-92

Miscellaneous Documents and Reports

The purpose of this report is to review items that the California Department of Water Resources should consider in near-term drought planning, putting California’s conditions today into perspective with experiences gained in the 1987-92 drought. The report begins with an overview of California hydrology and water supply, then describes conditions encountered in the 1987-92 drought. Changed conditions since that drought are summarized, and their implications discussed. The report concludes with a list of actions that the Department could take to respond to future drought conditions.


1994 - Agriculture, Water And California's Drought Of 1987-92, Kenneth W. Umbach.Pdf Jan 2019

1994 - Agriculture, Water And California's Drought Of 1987-92, Kenneth W. Umbach.Pdf

Miscellaneous Documents and Reports

The purpose of this paper was to summarize the 1987-1992 drought in the context of agriculture and water in California, to examine the types of response that farmers and institutions could and did use, and to draw lessons from that experience. California would be challenged as it grappled with population growth and environmental concerns. In view of the demand on water supplies made by California's agricultural sector (77 to 80 percent of the "developed" water used in the state, it was especially important to review those responses.


Special Issue, December 2018 Jan 2019

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic Competition in Kosovo.

65 – 87 Saranda Leka and ...


2003 - Geohydrologic Framework Of Recharge And Seawater Intrusion In The Pajaro Valley, Santa Cruz And Monterey Counties, California Jan 2019

2003 - Geohydrologic Framework Of Recharge And Seawater Intrusion In The Pajaro Valley, Santa Cruz And Monterey Counties, California

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

The Pajaro Valley Water Management Agency (PVWMA) must deal with issues of both water supply and water quality. Managing water resources for agricultural and municipal users requires maintaining a reliable water supply to meet growing demands while preventing ground-water overdraft and the related degradation of water quality. Important regional water-quality concerns include increased nitrate concentrations and seawater intrusion. To protect the quantity and quality of the ground-water supplies, the PVWMA has implemented a plan to prevent further seawater intrusion. In order to evaluate how these activities can be conducted most effectively, it is necessary to improve the understanding of the ...


2013 - California Water Rights - Ca Water Plan Update Jan 2019

2013 - California Water Rights - Ca Water Plan Update

Miscellaneous Documents and Reports

A presentation addressing California Water Rights, the evolution of water right law, types of water rights, permit process, beneficial use/waste, in-stream flows/public trust, Federal preemption and the Klamath case study.


2013 - Discussion Draft - Groundwater Workplan Concept Paper Jan 2019

2013 - Discussion Draft - Groundwater Workplan Concept Paper

Miscellaneous Documents and Reports

California work plan that aligns groundwater protection efforts, the ongoing actions of other entities with groundwater management responsibilities, and potential actions that the Water Boards. Effective groundwater management is necessary to ensure groundwater quality and quantity is maintained at sustainable levels that support beneficial uses of water over the long-term.


Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick Jan 2019

Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick

Faculty Scholarship at Penn Law

Across the Internet, mistaken and malicious routing announcements impose significant costs on users and network operators. To make routing announcements more reliable and secure, Internet coordination bodies have encouraged network operators to adopt the Resource Public Key Infrastructure (“RPKI”) framework. Despite this encouragement, RPKI’s adoption rates are low, especially in North America.

This report presents the results of a year-long investigation into the hypothesis—widespread within the network operator community—that legal issues pose barriers to RPKI adoption and are one cause of the disparities between North America and other regions of the world. On the basis of interviews ...


2011 - Indian Reorganization Act - Hearing Before The Committee On Indian Affairs Jan 2019

2011 - Indian Reorganization Act - Hearing Before The Committee On Indian Affairs

Miscellaneous Federal Documents & Reports

Hearing on the Indian Reorganization Act—75 Years Later: Renewing Our Commitment to Restore Tribal Homelands and Promote Self-Determination. Members looked at the history of U.S. Indian Policy examining the original intent and legislative history of the Indian Reorganization Act [IRA] and subsequent amendment to the Act. Since 1934, the IRA has stood as the bedrock of Federal Indian policy. A 2009 Supreme Court decision narrowly construed the text of the IRA up-ending the status quo, which had existed for 75 years, contrary to Congressional intent, legislative history and previous affirmative actions by the Administration. Statements, letters, and materials ...


Younger And Older Adults' Lie-Detection And Credibility Judgments Of Children's Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela Evans Jan 2019

Younger And Older Adults' Lie-Detection And Credibility Judgments Of Children's Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela Evans

University of Southern California Legal Studies Working Paper Series

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18-30 years, N = 100) and older adults’ (66-89 years, N = 100) lie-detection and credibility judgments when viewing children’s truthful and dishonest reports. Participants viewed eight child interview videos where children (9 to 11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first two ...


66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans Jan 2019

66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans

Thomas D. Lyon

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18-30 years, N = 100) and older adults’ (66-89 years, N = 100) lie-detection and credibility judgments when viewing children’s truthful and dishonest reports. Participants viewed eight child interview videos where children (9 to 11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first two ...


2002 - North Monterey County Comprehensive Water Resources Management Plan Jan 2019

2002 - North Monterey County Comprehensive Water Resources Management Plan

Monterey County Water Resources Agency Water Reports

North Monterey County experiences severe water supply and quality problems including falling water levels, seawater intrusion, and nitrate contamination. The region is in a significant state of overdraft where current demands greatly exceed the annual level of recharge. Without increased supplies, dramatic changes need to occur to the North County land use pattern to reduce demand. The Comprehensive Water Resources Management Plan combines water conservation, water supply, water quality, and land use actions into comprehensive policy alternatives. It is clear, however, that capital facilities are necessary if the problem is to be solved.

The study area overlies a portion of ...


Maltreated Children's Ability To Make Temporal Judgments Using A Recurring Landmark Event, Kelly Mcwilliams, Thomas D. Lyon, J A. Quas Jan 2019

Maltreated Children's Ability To Make Temporal Judgments Using A Recurring Landmark Event, Kelly Mcwilliams, Thomas D. Lyon, J A. Quas

University of Southern California Legal Studies Working Paper Series

This study examined whether maltreated children are capable of judging the location and order of significant events with respect to a recurring landmark event. 167 6- to 10-year-old maltreated children were asked whether the current day, their last court visit, and their last change in placement were “near” their birthday and “before or after” their birthday. Children showed some understanding that the target event was “near” and “before” their birthday when their birthday was less than three months hence, but were relatively insensitive to preceding birthdays. Hence, children exhibited a prospective bias, preferentially answering with reference to a forthcoming birthday ...


2001 - Hydrogeologic Investigation Of Salinas Valley Basin In The Vicinity Of Fort Ord And Marina Salinas Valley, California - Final Report Jan 2019

2001 - Hydrogeologic Investigation Of Salinas Valley Basin In The Vicinity Of Fort Ord And Marina Salinas Valley, California - Final Report

Monterey County Water Resources Agency Engineering Reports

This report evaluated the then current state or potential for seawater intrusion in the city of Marina and the former Fort Order area. Groundwater from this area primarily supplied drinking water wells as opposed to agricultural wells. Aquifers evaluated in this study area include the perched zone or A-aquifer, the Pressure 180-Foot Aquifer (180-Foot Aquifer), the Pressure 400-Foot Aquifer ( 400-Foot Aquifer), the Deep Aquifer, and aquifers within the Purisima and Santa Margarita Formations. The I80-Foot and 400-Foot Aquifers are the focus of this study because both aquifers outcrop along the canyon walls of Monterey Bay where they interface with seawater ...


2015 - Preliminary Engineering Design Report For Control Of Non-Winter Drainage At Carr Lake Jan 2019

2015 - Preliminary Engineering Design Report For Control Of Non-Winter Drainage At Carr Lake

Monterey County Water Resources Agency Engineering Reports

Landowners at Carr Lake reported increasing issues with proper drainage of the agricultural fields that made up the vast majority of the former lake bed. The primary driver of the study was the recognition that a more complete understanding of the site topography and hydrology is necessary, both to frame the pertinent issues and to identify any measures that may be appropriate to enhance drainage in the ditch system. Therefore the project work plan included two main fieldwork components, topographic survey and hydrologic monitoring. The fieldwork was followed up by data post processing, mapping, and associated supporting analyses.

Work was ...


2007 - El Toro Groundwater Study Monterey County, California Jan 2019

2007 - El Toro Groundwater Study Monterey County, California

Monterey County Water Resources Agency Engineering Reports

The primary objective of this study was to evaluate groundwater resource capacity of the El Toro Planning Area and recommend maintaining or revising the B-8 zoning overlay. Additional objectives and tasks completed for this study were consistent with recommendations of the1996 Fugro report and included compiling water well and hydrostratigraphic information for the El Toro Planning Area; conducting aquifer testing; collecting and analyzing water samples from wells; developing a conceptual hydrogeologic model of the El Toro Planning Area; and evaluating hydrogeologic connectivity between existing subareas.


Master’S Project: Vermont Town Forest Recreation Planning And Community Assistance Program: The Future Of Forest-Based Outdoor Recreation, Taylor M. Luneau Jan 2019

Master’S Project: Vermont Town Forest Recreation Planning And Community Assistance Program: The Future Of Forest-Based Outdoor Recreation, Taylor M. Luneau

Rubenstein School Masters Project Publications

The Vermont Town Forest Recreation Planning Community Assistance Program (VTFRP) was a comprehensive community planning process held in ten diverse towns across Vermont. Led by the Urban and Community Forestry Program and the SE Group, the VTFRP helped towns develop a vision for the future management of their forests through open house workshops, site visits, steering committee meetings, and community surveys. The process provided towns with a forest recreation planning toolkit and an individualized action-based forest stewardship and recreation plan. By analyzing data from the community surveys and open house activities across all ten towns, my project considered the recreation ...


Judging Well, Francis J. Mootz Iii Jan 2019

Judging Well, Francis J. Mootz Iii

Washington University Jurisprudence Review

Can judges interpret the law in a manner that is objectively verifiable, or do judges necessarily – even if unconsciously – inject their own predispositions and biases into their decisions? It is difficult to decide whether such a question is frivolous in the post-Realist age, or whether it is the is the single most important question that we can ask about our legal system. I endorse both responses. The question, as phrased, is both vitally important and unanswerable on its own terms. Rather than seeking an elusive objective standard by which to measure the correctness of “a judgment,” I argue that we ...


Against Life Without Parole, Judith Lichtenberg Jan 2019

Against Life Without Parole, Judith Lichtenberg

Washington University Jurisprudence Review

We have many good reasons to abolish life without parole sentences (LWOP, known in some countries as whole life sentences) and no good reasons not to. After reviewing the current state of LWOP sentences in the United States, I argue that the only rationale for punishment that can hope to justify them is retributivism. But even if retributivism is a sound principle, it in no way entails life without parole. One reason is that unless one believes, like Kant, that appropriate punishments must be carried out whatever the circumstances, we must acknowledge that other considerations are relevant to determining punishments ...


Reconciling The Rule Of Law: Rights And Punishment, Benjamin L. Apt Jan 2019

Reconciling The Rule Of Law: Rights And Punishment, Benjamin L. Apt

Washington University Jurisprudence Review

There is an intractable paradox in the relation between rights and criminal punishment. Criminal punishment frequently conflicts with rights; people typically have identical rights within a legal system, yet the punished are unable to exercise the rights to the same extent as other people. But criminal punishment, in conjunction with criminal laws, also operates to protect rights. To clarify the tension between rights and punishment, I start by analyzing the content and purpose of rights. Next I discuss the nature of rules and the particular types of rules that make up a typical “systems of rules.” I then argue that ...


A Clash Of Principles: Personal Jurisdiction And Two-Level Utilitarianism In The Information Age, Wesley M. Bernhardt Jan 2019

A Clash Of Principles: Personal Jurisdiction And Two-Level Utilitarianism In The Information Age, Wesley M. Bernhardt

Washington University Jurisprudence Review

Utilitarianism provides the best analytic framework for “minimum contacts” analyses in multi-state mass tort litigation. Utilitarianism is a consequentialist ethical philosophy contending that one should act in a way that maximizes utility; that is, act in a way that maximizes pleasure and minimizes pain. This is often referred to as the “felicific calculus.”1 To maintain a civil lawsuit against a defendant, a court must have “personal jurisdiction” over that defendant, meaning that the defendant must have minimum contacts related to the suit such that maintenance of the suit does not offend traditional notions of fair play and substantial justice ...