Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Fund (6)
- Groundwater (6)
- Municipal (6)
- Settlement (6)
- Water (6)
-
- Appropriate (5)
- Authorize (5)
- Code (5)
- Habitat (5)
- US (5)
- Waiver (5)
- Agriculture (4)
- Fish (4)
- Implement (4)
- Lease (4)
- Priority (4)
- Reclamation (4)
- Release (4)
- Reservoir (4)
- Tribe (4)
- Trust (4)
- AFY (3)
- Acquire (3)
- Acre-feet per year (3)
- Allot (3)
- Capita (3)
- Conflict (3)
- Contract (3)
- Dam (3)
- Decree (3)
Articles 1 - 30 of 34
Full-Text Articles in Law
Gila River Indian Community Water Rights Settlement Act Of 2004, United States 108th Congress
Gila River Indian Community Water Rights Settlement Act Of 2004, United States 108th Congress
Native American Water Rights Settlement Project
Federal legislation: Gila River Indian Community Water Rights Settlement of 2004 as Title II found in the Arizona Water Settlement Act of 2004. Title I reallocates 28,200 acre-feet of CAP agricultural priority water; amends the Colorado River Basin Project Act re Lower Colorado River Basin Development Fund making $53M available for the Gila River Indian Community Water OM&R Trust Fund. Title II ratifies the Gila River Indian Community Water Rights Settlement of Feb. 4, 2003. The Secretary will comply with National Environmental Policy Act in executing the Agreement and Reclamation is the lead agency for compliance. The DOI Secretary shall …
Az Water Rights Settlement Of 2004, United States 108th Congress
Az Water Rights Settlement Of 2004, United States 108th Congress
Native American Water Rights Settlement Project
Federal Legislation: White Mountain Apache Tribe Water Rights Settlement Assistance Provisions of 2004, Sec. 403 of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. WHITE MOUNTAIN APACHE TRIBE.—The Section authorizes an appropriation to assist the White Mountain Apache Tribe in completing comprehensive water resources negotiations leading to a comprehensive water settlement for the Tribe, including soil and water technical analyses, legal, paralegal, and other related efforts, $150,000 for fiscal year 2006. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-108publ451/pdf/PLAW-108publ451.pdf]
Az Water Rights Settlement Act Of 2004, United States 108th Congress
Az Water Rights Settlement Act Of 2004, United States 108th Congress
Native American Water Rights Settlement Project
Federal Legislation: Central AZ Project Settlement of 2004 - (Sec. 103) Parties: Tohono O'Odham Tribe & US Sets forth general permissible uses of the Central AZ Project (CAP), including for domestic, municipal, fish and wildlife, and industrial purposes. The DOI Secretary will reallocate 197,500 acre-feet of agricultural priority water made available pursuant to the AZ Water Settlement for use by AZ Indian tribes, of which: (1) 102,000 acre-feet shall be reallocated to the Gila River Indian Community; (2) 28,200 acre-feet shall be reallocated to the Tohono O'odham Nation (formerly the Papago Tribe); and (3) 67,300 acre-feet shall be reallocated to …
Az Water Rights Settlement Act Of 2004, United States 108th Congress
Az Water Rights Settlement Act Of 2004, United States 108th Congress
Native American Water Rights Settlement Project
Federal Legislation: San Carlos Apache Tribe Water Rights Settlement (negotiations assistance) Act of 2004, Title IV of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. Certain provisions in Titles I-III relate to water for the Tribe if settlement is reached and other matters. This Act provides funding for the San Carlos Apache Tribe Water Rights Settlement negotiations. For three years, the DOI Secretary shall submit an annual report to Congress describing the status of efforts to negotiate an agreement covering the Gila River water rights with Tribe. …
Nez Perce Tribe - Snake River Water Rights Act Of 2004, United States 108th Congress
Nez Perce Tribe - Snake River Water Rights Act Of 2004, United States 108th Congress
Native American Water Rights Settlement Project
Federal Legislation: TITLE X--Snake River Water Rights Act of 2004, Consolidated Appropriations Act of 2005 PL 108-447, 118 Stat. 2809 (Dec. 8, 2004). Parties: Nez Perce Tribe, US, ID. The Agreement or "Mediator's Term Sheet" was entered in on April 20, 2004 and resolves the Nez Perce Tribe's water rights claimed in the Snake River Basin adjudication in Idaho.
Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore
Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore
Faculty Scholarship
Part I of this article will explore some of the diverse theoretical and cultural roots of the human security concept set forth in the U.N. Charter, as well as the limited historical impact of the human security concept in global affairs since the United Nation's birth. Part II confronts the negative impact of the "War against Terrorism" on the war against poverty by linking recent developments in Iraq and the Great Lakes Region of Africa. Finally, Part III analyzes the international law arguments supporting a legal obligation to promote human security in the U.N. Charter, various human fights instruments, and …
Hipaa Privacy And Security: Issues For Employer-Sponsored Health Plans, Mary Leto Pareja
Hipaa Privacy And Security: Issues For Employer-Sponsored Health Plans, Mary Leto Pareja
Faculty Scholarship
This article discusses issues about privacy standards and provides an overview of security issues related to the Health Insurance Portability and Accountability Act ("HIPAA"). Some of the privacy issues include who must comply, what information is protected, and permissible disclosure of protected information. The overview of security issues covers administrative, physical, and technical safeguards, as well as organizational requirements. Any practitioner who works with employers that sponsor a health plan for their employees should be aware of these issues, as this is a new area of potential risk for those clients.
Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (2004), Hkm Engineering
Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (2004), Hkm Engineering
Native American Water Rights Settlement Project
Tribal Water Code: Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (Sep. 2004). Parties: Chippewa-Cree Tribe and NCM-RWS. The Rocky Boy/North Central Montana Regional Water System Act of 2002 (Pub. L. 107-331) authorized construction of the Rocky Boy/North Central Montana Regional Water System in north-central Montana. To meet the requirements of the Act, the Chippewa Cree Tribe and the North Central Montana Regional Water Authority developed and submitted a water conservation plan to Reclamation. The purpose of this water conservation plan is to ensure that users of water from the core system, non-core system and the …
Amendment No. 1 To The Zuni Indian Tribe Water Rights Settlement Agreement In The Little Colorado River Basin, Zuni Indian Tribe Et Al
Amendment No. 1 To The Zuni Indian Tribe Water Rights Settlement Agreement In The Little Colorado River Basin, Zuni Indian Tribe Et Al
Native American Water Rights Settlement Project
Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin Amendments 1 (July 8. 2004) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville. These Amendments are taken to conform the Settlement Agreement of 2002 to the Settlement Act of 2004. The amendments relate to changes to dates and …
Fallacies Of American Constitutionalism, Christian G. Fritz
Fallacies Of American Constitutionalism, Christian G. Fritz
Faculty Scholarship
Fallacies of American Constitutionalism' examines the pervasive assumptions in the scholarship of historians, lawyers, and political scientists that impute the central role of the federal Constitution to how Americans understood written constitutions after their Revolution. American struggles to come to grips with the meaning of the sovereignty of the people before and after 1787 reveals very different views about the people as the sovereign from those reflected in the federal Constitution and dispel the notion that our prevailing constitutional view is an unbroken chain stretching back to 1787.
The Use Of Conventional International Law In Combating Terrorism: A Maginot Line For Modern Civilization Employing The Principles Of Anticipatory Self-Defense & Preemption, Joshua E. Kastenberg
The Use Of Conventional International Law In Combating Terrorism: A Maginot Line For Modern Civilization Employing The Principles Of Anticipatory Self-Defense & Preemption, Joshua E. Kastenberg
Faculty Scholarship
This article analyzes the existing concepts of the right of self-defense and preemption under international law. Part I quickly reviews both the evolution of warfare and the state of religious-based terrorism. The former presents a useful starting point for understanding customary international law and its subset, generally referred to as "the laws and customs of war. Customary international law provides context to the application and shortcomings of contemporary codified international law, and, therefore, serves an important heuristic function in understanding the international legal limits on combating this increasingly frequent form of terrorism. In the end, this article concludes that both …
Universal Jurisdiction And The Concept Of A Fair Trial Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg
Universal Jurisdiction And The Concept Of A Fair Trial Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg
Faculty Scholarship
It is the overall goal of this article to assess and evaluate concepts of universal jurisdiction and the interrelated right to a fair trial within the capsule of Prosecutor v. Niyonteze. This article analyzes the Niyonteze trial both within a framework of comparative law and against contemporary international law theories of universal jurisdiction and fair trial standards. In this article the term "due process" is subsumed into the larger concept of a fair trial. Likewise, a specific theory of universal jurisdiction is adopted. While universal jurisdiction and the right to a fair trial are often seen as exclusive areas, this …
Analyzing The Constitutional Tensions And Applicability Of Military Rule Of Evidence 505 In Courts-Martial Over United States Service Members: Secrecy In The Shadow Of Lone Tree, Joshua E. Kastenberg
Analyzing The Constitutional Tensions And Applicability Of Military Rule Of Evidence 505 In Courts-Martial Over United States Service Members: Secrecy In The Shadow Of Lone Tree, Joshua E. Kastenberg
Faculty Scholarship
This article analyzes MRE 505 in both a comparative and Constitutional context. Part I provides a procedural overview of both MIRE 505, and its federal counterpart, CIPA, for protecting evidence vital to national security in the criminal court context. Both mechanisms for protecting sensitive information are analyzed for their efficiency from a prosecutorial perspective. Part II analyzes the defendant's twin Constitutionally-based rights to present a complete defense and to a public trial. MRE 505, impacts to some degree, these twin rights. Part III then reviews the legal framework of MRE 505 within the salient Lonetree case. Within the context of …
Applying A Game Theory Model To Conflict And Cooperation On The Columbia River, Marcos Martinez
Applying A Game Theory Model To Conflict And Cooperation On The Columbia River, Marcos Martinez
Student Thesis Honors (1996-2008)
Game Theory represents a powerful analytical model with which we can examine the strategies that different states make when negotiating international watercourses. Although economists have applied game theory to a wide variety of conflict models, international water law scholars like Steven McCaffrey have largely limited themselves to applying traditional international law principles to the law governing international watercourses. Other scholars have applied game theory to international law, but few have connected international water law with game theory. Those few that have made the connection have focused on the recurring disputes in the Middle East. By contrast, I will attempt to …
A Sea Change Or Much Ado About Nothing? The Future Of New Mexico Jurisprudence Concerning Tort Claims Arising From On-The-Job Injuries Of Employees In The Wake Of Delgado V. Phelps Dodge Chino And The Substantial Certainty Test, Sean Mcafee
Student Thesis Honors (1996-2008)
The New Mexico Supreme Court\'s decision in Delgado v. Phelps Dodge Chino, Inc. overruled the "actual intent test" and created an exception to the exclusivity provisions of the Workers Compensation Act which holds employers legally responsible for on-the-job injuries. The new standard created by the Delgado decision, holding employers responsible for conduct that is something less than intentional but more than negligence, purported to set the stage for a deluge of tort claims from injured employees who previously would have been precluded as a matter of law from recovering damages outside of the Act. Justice Franchini threw down the legal …
When Estates Collide: A Student's Exploration Of The Law Of Conflicts In Mineral Development, Jason Marks
When Estates Collide: A Student's Exploration Of The Law Of Conflicts In Mineral Development, Jason Marks
Student Thesis Honors (1996-2008)
The separation of estates can and does result in situations in which the interests of the possessors are in conflict. Volume 1 of this paper explores the substantial body of common law pertaining to conflicts between mineral production and surface use. Traditionally, this law has unabashedly recognized the dominance of mineral interests over the surface estate. While some jurisdictions have adopted ameliorating doctrines through common law or by statute in recent decades, this unequal relationship still holds fast. In many respects and many situations, the dominance of mineral interests is justified by the reasonable construction of leases and other conveyances. …
Interstate Management Of The High Plains Aquifer: A Case Study Of Western Texas And Eastern New Mexico, Kim Bannerman
Interstate Management Of The High Plains Aquifer: A Case Study Of Western Texas And Eastern New Mexico, Kim Bannerman
Student Thesis Honors (1996-2008)
This paper attempts to address this increasingly volatile issue by suggesting a form of interstate groundwater management through focus on one geographical area, the Llano Estacado region of Eastern New Mexico and Western Texas. This region shares a common groundwater source that is quickly being depleted, the High Plains Aquifer (the Aquifer). Up to the present the management of the Aquifer has remained localized under each state's water law. A new management mechanism is needed because often state water laws are inapt for promoting efficient use of groundwater and are also extremely inflexible in allowing for the change of use …
Due Process For Asylum Seekers?, Christopher Lee
Due Process For Asylum Seekers?, Christopher Lee
Student Thesis Honors (1996-2008)
The first section examines the terminology of the Immigration and Naturalization Act ("INA") as it is used to classify the status and rights of aliens in deportation proceedings. This section explains the changes brought about by the Illegal Immigration and Immigrant Responsibility Act of 1996 ("IIRIRA"), which amended the INA by abandoning the old concept "entry," and replacing it with the terms "admission" and "admitted." This section also elaborates the current "double standard" of due process rights that exists between legal permanent residents and "unadmitted" aliens, as well as its historical analogue involving "deportable" and "excludable" aliens. The second section …
Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratine And Ait 'Atta Indigenous Legal Systems, Anna Martinez
Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratine And Ait 'Atta Indigenous Legal Systems, Anna Martinez
Student Thesis Honors (1996-2008)
Although the Haratin live throughout North Africa, this paper focuses specifically upon the Haratin of the Tafilalt Oasis region of southern Morocco. Section one is devoted to the social history of the Haratin in order to 'locate' their position in modem Moroccan society. In particular, this section examines the multi-dimensional aspects of their identity, including the process of naming, and the exclusion of their indigenous identity by the majority of Moroccans. This section also scrutinizes the affect of race and class on the formation of Haratin identity. Section II discusses the Ait 'Atta Berber tribe's customary law and their political …
Did Cooper V. Leatherman Require State Appellate Courts To Apply A De Novo Standard Of Review For Determining The Constitutional Excessiveness Of Punitive Damages Claim?: Aken V. Plains Electric Generation & Transmission Cooperative, Inc., Cynthia Blackwell
Student Thesis Honors (1996-2008)
This note examines the rationale, in both the Cooper and Aken decisions, for changing the substantive due process standard of review for punitive damages and assesses the potential implications that arise in the wake of the Aken decision with respect to the role of the jury and the impact on appellate and trial courts in New Mexico.
Special Master's Term Sheet For Nez Perce Tribe Water Rights, Nez Perce Tribe, Usa, Idaho
Special Master's Term Sheet For Nez Perce Tribe Water Rights, Nez Perce Tribe, Usa, Idaho
Native American Water Rights Settlement Project
Settlement Agreement aka Special Master's Term Sheet, found as 1) an attachment to the Joint Status Report on Settlement Efforts and Motion for Stay, and 2) as Attachment 2 to the Consent Order entered on 1-30-2007. Parties: Nez Perce Tribe, ID, Idaho, US, United States. Agreement includes
Nez Perce Tribal Component: on-reservation consumptive use reserved water rights at 50,000 acre-feet/year with priority date of 1855. Allowed uses include irrigation, DCMI, hatchery and cultural uses. Tribe will administer on reservation rights pursuant to a tribal water code. Renting of water within the state is allowed. US will establish a $50 million, …
At The Intersection Of North American Free Trade And Same-Sex Marriage, Laura Spitz
At The Intersection Of North American Free Trade And Same-Sex Marriage, Laura Spitz
Faculty Scholarship
Using same-sex marriage as a presently salient site of cultural struggle, this article asks whether the U.S. can expect economic integration with Canada-on the scale envisioned by the North American Free Trade Agreement (NAFTA)-without feeling the influence of Canadian culture. The author comes at this question from the United States side because, while much has been written from Canadian points of view as to whether it is possible to protect and maintain national differences in the face of economic integration with the United States, very little has been written about whether economic globalization in North America could mean that Canadian …
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Faculty Scholarship
Transcript of The 2004 James McCormick Mitchell Lecture. On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture,1 a panel discussion entitled, "Who Gets In? The Quest for Diversity After Grutter." The Mitchell Committee decided to focus this year's lecture on innovative proposals to ensure diversity in law school admissions in light of the Supreme Court's ruling in Grutter v. Bollinger, which confirmed that race and ethnicity could be taken into consideration in admission decisions for diversity purposes. Noting that much of the debate about Grutter thus far has emphasized the decision's constitutionality or its …
Where Is Health Law Going?: Follow The Money, Robert L. Schwartz
Where Is Health Law Going?: Follow The Money, Robert L. Schwartz
Faculty Scholarship
Where has health law come from? Where will it be going? To follow the development of this discipline, follow the money. Where substantial financial interests entered the health care enterprise, lawyers have been sure to follow--or, sometimes, to lead. Where we can predict there will be concentrations of money, we can predict there will be concentrations of lawyers, and, not too far behind, legal academics. The very birth of "health law" (or, at least, its transformation out of "medical law") was a consequence of a newly developing medical economy. Since the term "Health Law" was first used as a casebook …
Santa Clara Pueblo V. Martinez: Twenty-Five Years Of Disparate Cultural Visions An Essay Introducing The Case For Re-Argument Before The American Indian Nations Supreme Court, Gloria Valencia-Weber
Santa Clara Pueblo V. Martinez: Twenty-Five Years Of Disparate Cultural Visions An Essay Introducing The Case For Re-Argument Before The American Indian Nations Supreme Court, Gloria Valencia-Weber
Faculty Scholarship
Santa Clara Pueblo v. Martinez nakedly presents a conflict between the individual rights norm of equality and the communal or collective political right of the first sovereigns within U.S. borders. The conflict underlies the discourse in law scholarship and reflects disparate cultural visions between mainstream society and American Indians. In Indian law the decision has saliency with positive and negative force injected into different arenas besides equal protection, gender, and membership qualifications. It is a major fortification for the federally recognized tribal sovereigns to exclude external law and forums, the federal law and courts, in how tribes exercise self-government. The …
Racial Equality: Old And New Strains And American Indians, Gloria Valencia-Weber
Racial Equality: Old And New Strains And American Indians, Gloria Valencia-Weber
Faculty Scholarship
First, I will set the colonial context for equality that was anchored in a narrow white male model as the principal civic actor. Second, the discussion proceeds to the political status of American Indians, the basis for the nation-to-nation relations that secured in treaties the lands and resources that benefited non-Indians. Third, this Article explores the cultural difference between indigenous and constitutional visions of individual rights and community. Fourth, is a description of the efforts to remake Indians into a race and assimilate their governments into federalism. Fifth, this Article discusses the Santa Clara Pueblo v. Martinez case, which demonstrates …
Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa
Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa
Faculty Scholarship
EPA vs. Clean Water presents case studies of the ostensible failure of the United States Environmental Protection Agency (EPA) to implement the Clean Water Act in three principal areas: water quality impacts from dam operations, state water quality certification for nonpoint source discharges, and antidegradation requirements for nonpoint sources.
Mediator Immunity: The Misguided And Inequitable Shifting Of Risk, Scott H. Hughes
Mediator Immunity: The Misguided And Inequitable Shifting Of Risk, Scott H. Hughes
Faculty Scholarship
Although the history of judicial immunity is somewhat troublesome and disconcerting, it is a model of clarity and consistency when compared to the recent developments in mediator immunity. In order for the courts to justify mediator immunity in Wagshal v. Foster and Howard v. Drapkin, it was necessary to either misconstrue the fundamental differences between judges and mediators or ignore the standard tests applied to judicial immunity and jump to a needs-based argument that is clearly self-interested and poorly informed. With regards to statutes and rules, those that promulgate immunity have ignored the substantial problems that will eventually arise from …
Federal Law, State Policy, And Indian Gaming, Kevin Washburn
Federal Law, State Policy, And Indian Gaming, Kevin Washburn
Faculty Scholarship
This Article will set forth the legal authorization and the economic success of Indian gaming by asking and answering two rhetorical questions: "What makes Indian gaming lawful?" and "What makes Indian gaming successful?" This Article will conclude with the observation that Indian gaming exists almost entirely at the mercy of state governments. It will argue that, while Indian gaming began as a cross-border issue, it no longer has those features. Indeed, it has been transformed into the very antithesis of a cross-border issue, a political issue that is addressed almost entirely in the sphere of state political processes. The issue …
Lara, Lawrence, Supreme Court Litigation, And Lessons From Social Movements, Kevin Washburn
Lara, Lawrence, Supreme Court Litigation, And Lessons From Social Movements, Kevin Washburn
Faculty Scholarship
United States v. Lara was hailed as a victory for Indian tribes because it upheld tribal criminal jurisdiction over non-member Indians. Lawrence v. Texas was hailed as a victory for the gay rights movement because it upheld the due process right of gays to be protected from criminal prosecutions for consensual sexual acts done in private within their own homes. Despite dramatically different contexts, the two cases share a common thread: both are cases in which interested groups achieved important successes by marshalling broad support for their arguments at the briefing stage which helped pave the way for Supreme Court …