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Articles 1 - 25 of 25
Full-Text Articles in Law
Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, Amendments Of 1991, United States 102nd Congress
Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, Amendments Of 1991, United States 102nd Congress
Native American Water Rights Settlement Project
Federal Legislation: 1991 Amendments to Salt River Pima-Maricopa Indian Community Water Rights Settlement of 1988 (Dec. 17, 1991} Amends the Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988 (PL 100-512, sections7(a), 7(d), 10(a)(1)(A), 10(a)(1)(B), and 12(b)) to extend the deadline for completing such Settlement from Dec. 31, 1991, to June 30, 1992. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1025]
An Act Making Appropriations For The Department Of The Interior And Related Agencies For The Fiscal Year Ending September 30, 1992, And For Other Purposes, United States 102nd Congress
An Act Making Appropriations For The Department Of The Interior And Related Agencies For The Fiscal Year Ending September 30, 1992, And For Other Purposes, United States 102nd Congress
Native American Water Rights Settlement Project
Federal Legislation: San Luis Rey Indian Water Rights Settlement Act Amendment of 1991 Authority to Disburse Interest Income from the San Luis Rey Tribal Development Fund. (Nov. 13, 1991) Parties: La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, US, CA, Escondido Mutual Water Company and Vista Irrigation District. Amends Public Law 100-675, Sec. 117 to provide authority to disburse interest income to the San Luis Rey Indian Water Authority from the San Luis Rey Tribal Development Fund until the final Settlement is completed. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1991&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1991&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-105&ycord=1025]
Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Faculty Scholarship
Pending
Mining Or World Park? A Politico-Economic Analysis Of Alternative Land Use Regimes In Antarctica, Bernard P. Herber
Mining Or World Park? A Politico-Economic Analysis Of Alternative Land Use Regimes In Antarctica, Bernard P. Herber
Natural Resources Journal
No abstract provided.
Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino
Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino
Faculty Scholarship
The combined effect of Erie R. R. Co. v. Tompkins, 304 US. 64, 82 L Ed. 1188, 58 S. Ct 817 (1938) and proliferating certification statutes is to diminish, but not eliminate, the advantage that a litigant might gain from having a federal Judge, rather than a state court, construe state law. There continue to be cases in which the opportunity for a more favorable interpretation of state law in federal court will be an important and possibly determinative factor in choosing a federal court for the resolution of claims based upon state law. The possibility of a favorable "Erie …
Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout
Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout
Faculty Scholarship
The holding in Clevland v. Piper Aircraft Corpororation is in direct conflict with the analysis for the tort of crashworthiness and operates to undermine the fundamental social policies which formed the basis for the tort of crashworthiness. A thorough understanding of the Tenth Circuit's opinion, which is not binding on New Mexico state courts, and the reasons why the court misconstrued New Mexico law is essential for the successful prosecution of a crashworthiness case
Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt
Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt
Native American Water Rights Settlement Project
Settlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. …
Reflections On A Scholarly Agenda For The Beginning Law Professor, Sherri L. Burr
Reflections On A Scholarly Agenda For The Beginning Law Professor, Sherri L. Burr
Faculty Scholarship
This article looks at developing a scholarly agenda from the perspective of a recently admitted member of the academy. The topic is divided into three parts: developing a scholarly agenda; choosing what to write from the agenda; and deciding where to publish the article that you write.
San Miguel Del Bado And The Loss Of The Common Lands Of New Mexico Community Land Grants, G. Emlen Hall
San Miguel Del Bado And The Loss Of The Common Lands Of New Mexico Community Land Grants, G. Emlen Hall
Faculty Scholarship
No United States governmental action has so rankled revisionist New Mexico land grant scholars as the Supreme Court Sandoval decision in 1897. In that ruling the court held that Spanish and Mexican law had not vested in New Mexico's extensive community land grants a sufficient title to the unallotted common lands within the grant boundaries to bring those lands within the property guarantees of the Treaty of Guadalupe Hidalgo in 1848. The Supreme Court employed at best opaque Spanish and Mexican legal authority to justify its decision; the historical legal analysis has been roundly, if not universally, criticized on that …
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Faculty Scholarship
This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.
Bioethics: Health Case Law And Ethics, Robert Schwartz, Barry R. Furrow, Sandra H. Johnson, Timothy Stoltzfus Jost, Thomas L. Greaney
Bioethics: Health Case Law And Ethics, Robert Schwartz, Barry R. Furrow, Sandra H. Johnson, Timothy Stoltzfus Jost, Thomas L. Greaney
Faculty Book Display Case
This book provides a rich body of materials for courses in bioethics and law. Primary legal sources, including judicial opinions, statutes, regulations and institutional policies, will give students insight into the strategies used by courts, legislatures, agencies and health care providers in addressing bioethics issues. The book also draws from interdisciplinary research in medicine, ethics, and law to provide students diverse critiques of legal and public policy issues in bioethics. Materials in this text are tightly edited and designed to create high quality and focused classroom discussion, and, the text includes classroom tested problems that will engage students more deeply …
Liability And Quality Issues In Health Care, Robert Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost
Liability And Quality Issues In Health Care, Robert Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost
Faculty Book Display Case
Copyright page and Table of Contents only.
The Law Of Health Care Organization And Finance, Robert Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost
The Law Of Health Care Organization And Finance, Robert Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost
Faculty Book Display Case
Copyright page and Table of Contents only.
Great Lakes—Great Legacy?, Leonard B. Dworsky
Great Lakes—Great Legacy?, Leonard B. Dworsky
Natural Resources Journal
No abstract provided.
Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins
Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins
Faculty Scholarship
Much of the literature on the careers of women generally-as well as the smaller literature on the experiences of women in legal education and legal practice-supposes that women will follow different paths and have different experiences than men, and that this is and will be true because they are women. Some commentators on the relation between gender and the experience of legal professionals believe that women have distinctive modes of cognition or value orientations that shape their experience in the workplace, while others believe that social and cultural assumptions (held not only by employers but often by women themselves) are …
The Death Penalty And Gender Discrimination, Elizabeth Rapaport
The Death Penalty And Gender Discrimination, Elizabeth Rapaport
Faculty Scholarship
Despite the paucity of research on the death penalty and gender discrimination, it is widely supposed that women murderers are chivalrously spared the death sentence. This supposition is fueled by the relatively small number of women who are condemned. This article argues that women are represented on contemporary U.S. death rows in numbers commensurate with the infrequency of female commission of those crimes which our society labels sufficiently reprehensible to merit capital punishment. Additionally, preliminary investigation suggests that death-sentenced women are more likely than death-sentenced men to have killed intimates, although the explanation for this disparity is not yet at …
Simple Justice: Humanitarian Law As A Defense To Deportation, Jennifer Moore
Simple Justice: Humanitarian Law As A Defense To Deportation, Jennifer Moore
Faculty Scholarship
Each year, thousands of persons fleeing situations of military conflict in their home countries are denied refuge in the United States. These denials result in part from an asylum adjudication process that requires applicants to show that they are persecuted on an individualized basis, rather than that they fear generalized conditions of violence. Jennifer Moore explores the development of the humanitarian law defense to deportation, which seeks to compel immigration courts to recognize and apply international humanitarian law. Part I describes the evolution of the humanitarian law argument in immigration courts. Part II considers the relationship between humanitarian law and …
Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotation, Richard A. Gonzales
Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotation, Richard A. Gonzales
Faculty Scholarship
This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.
Medicaid Reform Through Setting Health Care Priorities, Robert L. Schwartz
Medicaid Reform Through Setting Health Care Priorities, Robert L. Schwartz
Faculty Scholarship
The face of American health care has changed since the creation of the two largest government funded health programs, Medicare and Medicaid. Whatever positive cultural benefits those programs have provided, they have carried with them one overwhelming defect: a language with obscure and untreatable words and phrases which has added to the mystery and impenetrability of the underlying substantive law. This article discusses Oregon’s proposal for prioritization, reviews legal arguments, a policy argument against the proposal, and finally concludes that any priority list that generalizes from condition-treatment pairs necessarily overgeneralizes, that the range of cost-utility ratios for any condition-treatment pair …
Generational Change In Environmental Law, Natural Resources Journal
Generational Change In Environmental Law, Natural Resources Journal
Natural Resources Journal
No abstract provided.
An Adequate Eis Under Nepa: Deference To Ceq; Merely Conceptual Listing Of Mitigation Leads Us To A Merely Conceptual National Environmental Policy, Jennifer R. Bartlit
An Adequate Eis Under Nepa: Deference To Ceq; Merely Conceptual Listing Of Mitigation Leads Us To A Merely Conceptual National Environmental Policy, Jennifer R. Bartlit
Natural Resources Journal
No abstract provided.
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter
Natural Resources Journal
No abstract provided.
The Jackson Elk Herd, James Jackson
Water Politics: Continuity And Change, Albert E. Utton
Water Politics: Continuity And Change, Albert E. Utton
Natural Resources Journal
No abstract provided.
Environmental Regulation Of Coal Mining, Smcra's Second Decade, Carl E. Zipper, Richard Roth
Environmental Regulation Of Coal Mining, Smcra's Second Decade, Carl E. Zipper, Richard Roth
Natural Resources Journal
No abstract provided.