Law Commons^™

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

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 ...

The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons

Faculty Scholarship at Penn Law

The proliferation of Global Performance Indicators (GPIs), especially those that rate and rank states against one another, shapes decisions of states, investors, bureaucrats, and voters. This power has not been lost on the World Bank, which has marshaled the Ease of Doing Business (EDB) index to amass surprising influence over global regulatory policies – a domain over which it has no explicit mandate and for which there is ideological contestation. This paper demonstrates how the World Bank’s EDB ranking system affects policy through bureaucratic, transnational, and domestic-political channels. We use observational and experimental data to show that states respond to ...

Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them, Cheslea Till

SMU Law Review

Natural disasters are on the rise and religious organizations, the same organizations that came to victims’ rescue in the wake of the last natural disaster, are often left in the path of destruction. Under President Trump’s administration, FEMA recently amended its disaster assistance program to provide funding for religious organizations. Opponents argue this amendment is a violation of the Establishment Clause, while proponents argue the amended plan finally gives religious organizations the fair treatment they deserve. This new aid program needs to be modified and restricted. Though there is clear precedent to support providing some Public Assistance funding to ...

Avoiding The Alien Tort Statute: A Call For Uniformity In State Court Human Rights Litigation, Alicia Pitts

SMU Law Review

For decades, the Alien Tort Statute (ATS) has played a valuable role in human rights litigation in U.S. courts. However, in recent years, the U.S. Supreme Court has limited the ATS’s effectiveness in a number of respects. In response to these decisions, many scholars have predicted that litigants will begin to evade the restrictive ATS jurisprudence by bringing traditional ATS cases in state courts. This comment reveals that this tactic has not become as prevalent as scholars predicted and evaluates the only two state court cases uncovered by the author’s research. This comment then explains why ...

A Texas Two-Step In The Right Direction—Looking Beyond Recent Legislation To Improve The Provision Of Special Education Services In Texas, Taylor Michals

SMU Law Review

This article analyzes the current state of the special education system in Texas following the 85th Legislative Session, focusing on the practical and legal implications of the limitation imposed by the Texas Education Agency in 2004 before analyzing Senate Bill 160, which requires Texas to remove the limitation on special education services, and its future impact on special education in Texas. Additionally, this article addresses Senate Bill 927, which outlined a plan to ensure that students who were previously denied services receive an adequate evaluation, why the legislation failed, and potential remedies for students who have been negatively impacted by ...

“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols

SMU Law Review

This article argues for a change in United States asylum policy at a time when change is needed most. Those seeking asylum must prove that they fear persecution in their home country based on one of five protected categories and that their government is the persecutor or is unable to control the actions of the persecutors. Multiple articles have recognized that the “particular social group” is the most difficult category of asylum seeker to analyze. Not only do the standards for particular social groups (PSGs) vary among circuit courts, but judicial consistency is lacking.

This article focuses on a particular ...

Policing Narrative, Tal Kastner

SMU Law Review

Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization of the shared public space, among other aspects of contemporary society, as the space of law. Using the concept of necropower—the mobilization and prioritization of the state’s power to kill—I analyze the contested physical and conceptual space of law exposed by the counter ...

The Icarus Syndrome: How Credit Rating Agencies Lost Their Quasi Immunity, Norbert Gaillard, Michael Waibel

SMU Law Review

Subsequent to the 2007–2008 subprime crisis, the SEC and the US Senate discovered that it was common practice for major credit rating agencies (CRAs) to produce inflated and inaccurate structured finance ratings. A host of explanations were posited on how this was able to happen from the “issuer pays” model of CRAs and conflicts of interest to underscoring the CRA’s regulatory license and their ensuing insulation from legal liability. Historically, credit ratings were akin to opinions. However, when courts started to consider structured finance ratings as commercial speech in the 2000s, CRAs became more vulnerable to litigation. This ...

Richard Posner: A Class Of One, Robert C. Farrell

SMU Law Review

Judge Richard Posner, best known for his contributions to the field of law and economics, has also made an outsized contribution to another area of the law—the equal protection class-of-one claim. By some combination of happenstance and design, Posner was able to shape the class-of-one doctrine even where his views were inconsistent with Supreme Court precedent. The Supreme Court’s initial exposition of the doctrine had identified an equal protection violation when there was intentionally different treatment of similarly situated persons without a rational basis for the difference in treatment. Posner insisted that this language included within it a ...

Rico Run Amok, John K. Cornwell

SMU Law Review

In 1970, Congress enacted RICO to eradicate organized crime in America. To enlist the help of private citizens in this effort, the statute included civil provisions providing treble damages for plaintiffs who proved that they were injured by a pattern of racketeering activity. As the decades passed, civil RICO dramatically expanded its reach, addressing misconduct in a diverse array of contexts, including high-profile suits against the Clinton Foundation and Trump University. This Article examines this evolution, focusing on three factors that have figured prominently in civil RICO’s runaway growth: the broad interpretation of what constitutes a RICO “enterprise”; the ...

Front Matter

SMU Law Review

No abstract provided.

Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume

Pepperdine Law Review

The election of Donald Trump in 2016 rewrote some of the traditional rules for electing presidents in the United States. Does his election portend a new breed of presidential candidate, arising from the business and celebrity arena rather than traditional government service? If so, the potential for candidates with more diverse and global business interests (and the conflicts of interest that come along with them) becomes more likely. This Essay discusses the historical intent of the Emoluments Clauses and the issue of potential presidential conflicts of interest. This Essay also examines the litigation efforts filed against President Trump to force ...

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

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

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

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

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.

Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood

Texas A&M Law Review

This Article dives into Ghana’s complex land-registration system, which is influenced by both statutory and customary law. Section II discusses Ghana’s statutory land laws. Section III provides a brief overview of Ghana’s customary land laws. Section IV discusses several obstacles within Ghana’s land-administration system.

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 ...