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Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson

Articles

The public trust doctrine and the appropriative water rights system are headed on a collision course in the West. Appropriators claim vested property rights to extract water for irrigation, mining, manufacturing and other uses. They further assert that under the appropriation doctrine such extractions can continue in perpetuity regardless of the consequences to navigation, fishery and other public values. The public, however, increasingly insists on more protection for environmental and ecological values, aesthetic quality and recreational opportunities, which on lakes and streams usually means leaving waters in place. As a result, the courts are being asked to apply legal doctrines …

Brief For Appellee

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.

Opening Brief Of Appellant

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.

Brief Of Appellee State Of Washington

United States v. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

No abstract provided.

Reply Brief Of Appellants

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.

Brief For Appellee

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.

Brief For Appellee

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.

Appellants' Opening Brief

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.

Appellants' Opening Brief

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.

Brief Of Defendant/Appellant

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.

Brief Of Plaintiff-Intervenor/Appellees Lummi, Makah And Quileute Indian Tribes

United States v. Washington, Docket Nos. Nos. 79-4447, 79-4472 (641 F.2d 1368 (9th Cir. 1981))

No abstract provided.

Brief For The Federal Appellees

United States v. Washington, Docket Nos. Nos. 79-4447, 79-4472 (641 F.2d 1368 (9th Cir. 1981))

No abstract provided.

Brief Of Plaintiff-Intervenor/Appellee Tulalip Tribes

United States v. Washington, Docket Nos. Nos. 79-4447, 79-4472 (641 F.2d 1368 (9th Cir. 1981))

No abstract provided.

Does Rome Have A Lesson For Us?, Hugh D. Spitzer

Articles

As the Roman Empire became more complex and centralized, so did its law and legal system. Is there a message here for us?

Criminal Procedure In Alaska, Jeff M. Feldman

Articles

Two years ago this review published an article which reviewed search and seizure law in Alaska. Because the local barand bench seem to have found that article to be useful, it appeared worthwhile to put together a similar review of the remainder of Alaska's law of criminal procedure. Like its predecessor, this article will review and analyze the law of criminal procedure in Alaska, isolating those areas in which the Alaska Legislature or the Alaska Supreme Court has departed from the prevailing approach to procedure in criminal cases and predicting probable outcomes to procedural issues still unresolved in Alaska.

Brief Of Plaintiff-Intervenor/Appellants Samish, Snohomish, Snoqualmie, And Steilacoom Indian Tribes

United States v. Washington, Docket Nos. Nos. 79-4447, 79-4472 (641 F.2d 1368 (9th Cir. 1981))

No abstract provided.

High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote

Articles

Today no statute prohibits the mere possession of marijuana or other controlled substances beyond the three-mile offshore territorial limit of the United States; but prosecutions relating to vessels carrying controlled substances outside the territorial waters may be based upon charges of conspiracy to import or distribute the substances. In attempting to halt the recent increase in smuggling of such contraband by sea, the United States Coast Guard and other law enforcement agencies have aggressively exercised their powers to stop and search vessels. Two parallel statutory provisions, 14 U.S.C. § 89(a) and 19 U.S.C. § 158,(a), give the Coast Guard and …

Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr.

Articles

This article considers problems of "regulatory reform" in the context of environmental and health decisionmaking. Specifically, in Part I, this article defines cost-benefit analysis, explores its advantages and limitations, and assays cost-benefit practice in light of descriptive theoretical and practical demands of formal decisionmaking within administrative agencies.

The two remaining sections of this article focus on the question of how Congress and the courts can, do, and should structure environmental and health regulation. In Part II, the article explores legislative models for agency consideration of costs and benefits in promulgating regulations. It examines four alternative models, and identifies normative considerations …

The Patentability Of Living Microorganisms: Diamond V. Chakrabarty, Daniel H. Foote

Articles

Microbiologists have made great advances in modifying gene structures to create new forms of life. In Diamond v. Chakrabarty, the Supreme Court addressed for the first time the patentability of a living microorganism. In a 5-4 decision that has been condemned as heralding the advent of Aldous Huxley's Brave New World, the Court held that the living nature of a microorganism is no bar to patenting it.