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2,970 full-text articles. Page 46 of 49.

The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel 2010 Golden Gate University School of Law

The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel

Golden Gate University Law Review

No abstract provided.


Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner 2010 Golden Gate University School of Law

Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner

Golden Gate University Law Review

It is the objective of this paper to outline some of the administrative and legislative history that has led to the present state of salmon affairs in the Snake River basin. In addition, it is the intent to outline some of the compounding reasons that have led to the decline of the salmon and finally to outline some of the actions that are necessary to move beyond the bureaucratic stalemate that the salmon find themselves in today.


The Contemporary Justification For Maritime Arrest And Attachment, George Rutherglen 2010 College of William & Mary Law School

The Contemporary Justification For Maritime Arrest And Attachment, George Rutherglen

William & Mary Law Review

No abstract provided.


Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson 2010 Golden Gate University School of Law

Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson

Golden Gate University Law Review

In Peterson v. Department of the Interior the Ninth Circuit held that section 203(b) of the Reclamation Reform Act of 1982 (RRA), a comprehensive amendment of the Federal Reclamation Act, did not unconstitutionally take the property of state Water Districts in California's Central Valley without due process or compensation. The court found that pre-existing water delivery contracts with the Bureau of Reclamation did not confer a constitutionally protectable right to receive federally subsidized water upon the Water Districts. In Peterson, the first ruling by any circuit court on a direct challenge to the RRA, the Ninth Circuit examined ...


Administrative Adjudication Of Riparian Water Rights In California After Imperial Irrigation District V. State Water Resources Control Board, Gregory E. Good 2010 Golden Gate University School of Law

Administrative Adjudication Of Riparian Water Rights In California After Imperial Irrigation District V. State Water Resources Control Board, Gregory E. Good

Golden Gate University Law Review

This comment will examine whether Imperial extends the Board's subject matter jurisdiction to include article X, section 2 violations by riparian rights owners. Board power over post-1914 appropriative rights will be examined. Next, pre-1914 appropriative rights and Imperial will be discussed. It is apparent that Imperial supports an expansion of the Board's jurisdiction to include adjudication of article X, section 2 violations of riparian rights, but that such jurisdiction is not affirmatively established.


Cooperating Rivals: The Riparian Politics Of The Jordan River Basin, By J. Soslan, Neda A. Zawahri 2010 Cleveland State University

Cooperating Rivals: The Riparian Politics Of The Jordan River Basin, By J. Soslan, Neda A. Zawahri

Political Science Faculty Publications

No abstract provided.


The Jordan River Basin And The Mountain Aquifer: The Transboundary Freshwater Disputes Between Israel, Jordan, Syria, Lebanon And The Palestinians, Rose M. Mukhar 2010 Golden Gate University School of Law

The Jordan River Basin And The Mountain Aquifer: The Transboundary Freshwater Disputes Between Israel, Jordan, Syria, Lebanon And The Palestinians, Rose M. Mukhar

Annual Survey of International & Comparative Law

This study discusses the settlement of water disputes in the Middle East and focuses on two disputes in particular relating to the Jordan River basin and the Mountain Aquifer in the West Bank. There is a genuine need for an all-inclusive approach by the parties utilizing these international transboundary waters. The first dispute relates to the sharing of the surface water of the Jordan River basin between Israel, Jordan, Lebanon, Syria and the Palestinians of the West Bank. The second dispute concerns the shared utilization of the ground water resources from the Mountain Aquifer that extends from the West Bank ...


Aligning Visions For The Bay-Delta: Market-Based Ecosystem Restoration Through Agricultural Efficiency Improvements, Derek Adrian Hoye 2010 Golden Gate University School of Law

Aligning Visions For The Bay-Delta: Market-Based Ecosystem Restoration Through Agricultural Efficiency Improvements, Derek Adrian Hoye

Golden Gate University Environmental Law Journal

This Comment proposes a comprehensive solution that could generate enormous water savings by increasing the efficiency of agriculture. Part II outlines the basics of California water law, specifically focusing on laws pertaining to water conservation and transfer. Part III analyzes the systems used in three other states to deal with water shortages and declining ecosystems. Part IV presents a proposal for conserving agricultural water, promoting irrigation efficiency through an educational outreach program, and using the water-transfer market as an economic incentive for efficiency. This proposal supplements the recommendations of the Strategic Plan with practical implementation analysis and achievable goals.


New Ideas For Old Dams: Developing Solutions For A Shrinking Colorado River, David L. Wegner 2010 Golden Gate University School of Law

New Ideas For Old Dams: Developing Solutions For A Shrinking Colorado River, David L. Wegner

Golden Gate University Environmental Law Journal

The objective of this article is to discuss the need for a comprehensive and public review of alternative management options for the Colorado River system in the future. Due to the institutional and physical complexity of the basin, this analysis should be accomplished through the use of the National Environmental Policy Act of 1969 (“NEPA”) and incorporating the requirements of the Endangered Species Act of 1973 (“ESA”). We believe this review is necessary due to requirements of the ESA, impacts to the Colorado River delta, and increasing concerns related to the changing climate.


The Old And The New: Evaluating Existing And Proposed Dams In California, Jonas Minton 2010 Golden Gate University School of Law

The Old And The New: Evaluating Existing And Proposed Dams In California, Jonas Minton

Golden Gate University Environmental Law Journal

This article suggests criteria for determining when existing dams should be removed and for evaluating proposals for new dams. Section II offers a historical overview of dam building in California. Section III discusses current issues concerning evaluation of removal, repair, and expansion proposals for existing dams in the state. Section IV outlines issues, including funding and impacts, related to recent proposals for the construction of additional dams and reservoirs.


Beyond And Beneath O'Shaughnessy Dam: Options To Restore Hetch Hetchy Valley And Replace Water And Engergy Supplies, Gerald H. Meral 2010 Golden Gate University School of Law

Beyond And Beneath O'Shaughnessy Dam: Options To Restore Hetch Hetchy Valley And Replace Water And Engergy Supplies, Gerald H. Meral

Golden Gate University Environmental Law Journal

Section II of this article presents an overview of the natural, human, and political histories concerning Hetch Hetchy Valley and the construction of O’Shaughnessy Dam. Section III then considers the options available to replace water and energy supplies that would be reduced by dam removal. Section IV evaluates the benefits, costs, and financing alternatives related to the proposed removal of O’Shaughnessy Dam and the restoration of Hetch Hetchy Valley. Section V identifies some of the legal issues and obstacles involved in the proposed dam removal, and Section VI describes the Valley as it might be after it is ...


Tribal Advocacy For Elwha River Dams Removal On Washington's Olympic Peninsula, Russell W. Busch 2010 Golden Gate University School of Law

Tribal Advocacy For Elwha River Dams Removal On Washington's Olympic Peninsula, Russell W. Busch

Golden Gate University Environmental Law Journal

This article details the history and current status of Elwha River Dams removal from a tribal perspective. Section II recounts the Elwha Tribe’s struggle to remain in its homeland in the years after the Treaty of Point No Point. Section III highlights the Tribe’s more recent efforts to protect its treaty fisheries and cultural heritage, and Section IV presents an early example of Washington State’s appalling inability to protect its salmon streams. Section V summarizes the legal history of the Elwha Dams, and Section VI discusses the efforts of the Federal Energy Regulatory Commission to retain licensing ...


From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos 2010 University of Cambridge

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent -during or ...


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power 2010 University of Maryland School of Law

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix ...


Baselines Newsletter, No. 6, Summer/Fall 2010, University of Colorado Boulder. Natural Resources Law Center 2010 University of Colorado Law School

Baselines Newsletter, No. 6, Summer/Fall 2010, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.


Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos 2010 University of Cambridge

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a ...


The Fifth Amendment & The Endangered Species Act: An Examination Of Regulatory Takings & The California Water Crisis, Wesley Lawrence Carlson 2010 California Polytechnic State University - San Luis Obispo

The Fifth Amendment & The Endangered Species Act: An Examination Of Regulatory Takings & The California Water Crisis, Wesley Lawrence Carlson

Agribusiness

This study was conducted to determine if reductions in water deliveries to farmers in the San Joaquin Valley due to enforcement of the Endangered Species Act has resulted in a compensable Fifth Amendment taking of property. A case study of the California Water Crisis is examined. The subject of this case study is the Westlands Water District.

The details of the California Water Crisis were outlined. The necessary elements of a takings investigation were identified for the case study. These elements were applied to takings criteria that has been established by the courts. Using prior court rulings as a guide ...


At The Intersection Of Neoliberal Development, Scarce Resources, And Human Rights: Enforcing The Right To Water In South Africa, Elizabeth A. Larson 2010 Macalester College

At The Intersection Of Neoliberal Development, Scarce Resources, And Human Rights: Enforcing The Right To Water In South Africa, Elizabeth A. Larson

International Studies Honors Projects

The competing ideals of international human rights and global economic neoliberalism come into conflict when developing countries try to enforce socio-economic rights. This paper explores the intersection of economic globalization and the enforcement of 2nd generation human rights. The focus of this exploration is the right to water in South Africa, specifically the recent Constitutional Court case Mazibuko v City of Johannesburg. While a right to water can be constructed at the international level, the right disappears in the face of neoliberal development measures such as those that are instituted by democratic governments in developing nations faced with limited resources.


Participatory Rural Appraisal, Ganesh Chandra 2010 ICAR-Central Inland Fisheries Research Institute, (ICAR) Barrackpore, India

Participatory Rural Appraisal, Ganesh Chandra

Ganesh Chandra

Participation, empowerment and inclusion have become the new development buzzword. There has been a range of interpretations of the meaning of participation in development. Participatory development starts from the premise that it is important to identify and build upon strengths already present in communities. Perhaps the most widespread appearance of participation in mainstream development has been seen in the form of participatory methodologies of research, intended to gather a wide range of information from local people at their livelihoods, needs, and strengths, at the same time as 'empowering' them through a process of collaborative analysis and learning. PRA is a ...


Dissemination Of Communication And Information In Inland Fisheries, Ganesh Chandra 2010 ICAR-Central Inland Fisheries Research Institute, (ICAR) Barrackpore, India

Dissemination Of Communication And Information In Inland Fisheries, Ganesh Chandra

Ganesh Chandra

Flow of communication and information from the research station to the end user is sine qua non for the sustainable production as well as productivity enhancement in inland fisheries and the development of fishers as a whole. The resource poor who are often more in need than others of information on sustainable and low external input technologies is least likely to gain access to the information required. This has been seen particularly in the fisheries sector where the channels of information accessible to the resource poor delivered information on new practices and recommendations as well as the new culture technologies ...


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