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Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg

Law Faculty Scholarly Articles

In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article …

Debunking Some Myths About Unconscionability: A New Framework For U.C.C. Section 2-302, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist For The Practitioner, W. Wade Berryhill

Law Faculty Publications

The purpose of this article is to identify and examine the influencing considerations and the attachment of significance given to them by the courts in the "due-on" cases. After a discussion of recent litigation addressing the enforceability of the "due-on" clauses in Virginia, a summarizing checklist will follow detailing the factors which must be considered by the practitioner preparing to draft or litigate the clause.

Hybrid Systems: Outline, Harrison C. Dunning

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

4 pages.

Riparian Rights, Peter N. Davis

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.

Contains research sources.

Physical/Political Solutions To Groundwater Management Problems: Outline, Carl F. Fossette

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

12 pages (includes illustrations and map).

Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

6 pages.

Land Subsidence And Ground-Water Pumping: Outline, Thomas L. Holzer

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains research sources.

Application Of The Law Of Prior Appropriation: Outline, James N. Corbridge Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Reconciling World-Wide Water Supply With Demand [Outline], Gilbert F. White

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

1 page.

Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Contains references.

Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains references.

Agenda: Water Resources Allocation: Laws And Emerging Issues: A Short Course, University Of Colorado Boulder. Natural Resources Law Center

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation; Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Speakers and instructors for this short course …

Regimes For Allocating Rights In Ground Water, William A. Hillhouse, Ii

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

145 pages.

Supplemental materials. Includes text of C.R.S. § 37-90-135-138, In the Matter of Rules and Regulations Governing the Use, Control, and Protection of Water Rights for Both Surface and Underground Water Located in the Rio Grande and Conejos River Basins and Their Tributaries, No. W-3466 (Colo. Dist. Ct., Water Div. 3 Jan. 31, 1980), Southeastern Colo. Wtr. v. Huston, 593 P.2d 1347, Ruling, Judgment and Certification, Southeastern Colo. Wtr. v. Huston (Colo. Dist. Ct. Water Div. 1,2,3,4,5,6 & 7 Feb. 11, 1981), Corrected Findings of Fact , Conclusions of Law and Decree, In the Matter of the Application for …

Federal Nonreserved Water Rights, Frank J. Trelease

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

5 pages.

Quantification Of Federal Reserved Rights—Litigation, Legislation Or Negotiation? [Outline], John Undem Carlson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

1 page.

The Colorado River Compact: A Limit On Upper Basin Development: Outline, Charles J. Meyers

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Contains references.

Supplemental materials. Includes extracts from Colorado River Basin Project Act and Colorado River Compact.

Federal Regulation Of Appropriations Of Water In The Name Of Protecting Water Quality, David L. Harrison

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Contracting For Water From A Federal Project, Gary L. Greer

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

7 pages.

Quantification Of Federal And Indian Reserved Rights Through Negotiation [Outline], Daniel M. Rosenfelt

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

2 pages.

Maintaining Minimum Stream Flows For Wildlife And Recreation, A. Dan Tarlock

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

27 pages.

Contains references.

Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.

State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

42 pages.

Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

24 pages.

Arizona’S New Groundwater Statute: 1980 Groundwater Management Act: Outline, Jon L. Kyl

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

255 pages.

Contains bibliography.

Supplemental materials. Includes S.B. 1409, 35th Leg., 1st Reg. Sess. (Az. 1981), H.B. 2465, 35th Leg., 1st Reg.Sess. (Az. 1981), Pinal Active Mgm't. Area Official Application Forms for Grandfathered Groundwater Rights, S.B. 1001, 34th Leg., 4th Spec. Sess. (Az 1980).

Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

26 pages (includes illustrations).

Construction Loan Advances And The Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold

Articles & Chapters

No abstract provided.

Tax Characterization Of International Leases: The Contours Of Ownership, William W. Park

Faculty Scholarship

Pondering the human tendency to pay dearly for short-lived adornments, Shakespeare asks a question of interest to lawyers as well as poets: "Why so large cost, having so short a lease.. .? The lawyer's analysis of the issue might begin with a scenario set in an imaginary world in which the tax effects of business transactions are determined by their legal form rather than their economic substance. In such a world, each of two companies decides to build a new factory. One acquires the land outright, paying in several installments. The other enters into a shortterm lease at a very …

A Study Of Uniform Commercial Code Methodology: Contract Modification Under Article Two, Robert A. Hillman

Cornell Law Faculty Publications

A goal of the Uniform Commercial Code is to provide rules that respond to commercial reality so that the intentions of contracting parties will be effectuated. To meet this challenge the U.C.C. was written to allow both certainty and flexibility. In this Article, Professor Hillman examines the Code provisions governing contract modifications. Through a series of hypothetical problems he explores the methodology used by the U.C.C. in attempting to achieve a proper balance between stability and flexibility in contract modification law. He concludes that the Code has not been successful in achieving its goals in this area. The various sections …

Reliance In The Revised Restatement: The Proliferation Of Promissory Estoppel, Charles L. Knapp

Faculty Scholarship

No abstract provided.