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Articles 1141 - 1170 of 1221
Full-Text Articles in Law
Colorado Ute Indian Water Rights Final Settlement Agreement Of Dec. 19, 1986, State Of Colorado, Ute Mountain Ute Indian Tribe, Southern Ute Indian Tribe, United States Department Of The Interior, United States Department Of Justice, Animas-La Plata Water Conservancy District, Dolores Water Conservancy District, Florida Water Conservancy District, Mancos Water Conservancy District, Southwestern Water Conservation District, City Of Durango, Town Of Pagosa Springs, Florida Farmers Ditch Company, Florida Canal Company, Fairfield Communities, Inc.
Colorado Ute Indian Water Rights Final Settlement Agreement Of Dec. 19, 1986, State Of Colorado, Ute Mountain Ute Indian Tribe, Southern Ute Indian Tribe, United States Department Of The Interior, United States Department Of Justice, Animas-La Plata Water Conservancy District, Dolores Water Conservancy District, Florida Water Conservancy District, Mancos Water Conservancy District, Southwestern Water Conservation District, City Of Durango, Town Of Pagosa Springs, Florida Farmers Ditch Company, Florida Canal Company, Fairfield Communities, Inc.
Native American Water Rights Settlement Project
Settlement Agreement: The Colorado Ute Indian Water Rights Final Settlement Agreement (Dec. 10, 1986) The Ute Mountain Tribe is entitled to: water from the Dolores Project for municipal/industrial, irrigation and fish/wildlife purposes & development with a priority date of 1868. Repayment of construction costs allocable to irrigation purposes shall be deferred; water from the Animas-La Plata Project for municipal/ industrial and for irrigation with a priority date of 1868; water from the Mancos River for irrigation; water from the Navajo Wash for irrigation; and water from the San Juan River. The Southern Ute Tribe is entitled to: water from the …
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
Faculty Scholarship
In courtroom drama, the spotlight rarely falls on an empty chair. That may change, due to a new Colorado statute allowing factfinders to consider the negligence or fault of nonparties in tort actions. The new statute may not give nonparties starring roles in every trial, but it will certainly thicken the plot.
On The 'Usefulness' Of Suspect Classifications, James W. Ellis
On The 'Usefulness' Of Suspect Classifications, James W. Ellis
Faculty Scholarship
Reviewing discrimination in legal decisions.
The Consequences Of The Insanity Defense: Proposals To Reform Post-Acquittal Commitment Laws, James W. Ellis
The Consequences Of The Insanity Defense: Proposals To Reform Post-Acquittal Commitment Laws, James W. Ellis
Faculty Scholarship
There are sound public policy reasons for considering a reform of state laws concerning commitment of insanity acquittees. A balanced system of special commitment can protect the public safety and, at the same time, give acquittees a fair hearing on their current mental condition and continuing need for confinement. Special commitment can also insulate general commitment laws from political pressures that can arise from the prospect of the possible release of notorious insanity acquittees. Several of the recently proposed model reforms, however, have features that commend them to the attention of state legislators. The Oregon model of using a Psychiatric …
El Salvador: Methods Use To Document Human Rights Violations, Gloria Valencia-Weber
El Salvador: Methods Use To Document Human Rights Violations, Gloria Valencia-Weber
Faculty Scholarship
This study describes and analyzes the methods used to document human rights abuses in El Salvador, focusing on the methods used by the United States Government through its Embassy in San Salvador, and by Tutela Legal, a nongovernmental monitoring agency in San Salvador. The authors examined Tutela and U.S. records which were relevant and available for 1980 through 1984 and used post-1984 official statements which relate to methods. The focus is on the method used for the documentation of the murder or disappearance of civilians. This paper begins with an examination of the current international human rights standards as they …
Politics And The Courts: The Struggle Over Land In San Francisco 1846-1866, Christian G. Fritz
Politics And The Courts: The Struggle Over Land In San Francisco 1846-1866, Christian G. Fritz
Faculty Scholarship
The struggle over land constitutes one of the most persistent and important themes of Californias nineteenth-century legal history. Ultimately that struggle pitted those who had objections to the concentration of land in a few hands against those who believed in the sanctity of vested interests; those who recognized the letter and spirit of treaty obligations to Mexico, against those with an antipathy toward Hispanics; those concerned with protecting the public's welfare against real estate speculators; and the civil law against the common law tradition. While the struggle over land in San Francisco was not typical of all California land disputes, …
From Confidential Supervision To Market Discipline: The Role Of Disclosure In The Regulation Of Commercial Banks, Alfred Dennis Mathewson
From Confidential Supervision To Market Discipline: The Role Of Disclosure In The Regulation Of Commercial Banks, Alfred Dennis Mathewson
Faculty Scholarship
This Article examines traditional regulatory discipline, the development of a legal basis for confidential supervision, the role of the SEC and federal securities laws in the development of a public disclosure system for banks and bank holding companies, and the utilization of public disclosure to achieve market discipline as a major tool in preventing bank failure and maintaining the stability of the banking system. The scope of this Article is limited to the regulation of commercial banks, whether state or federally chartered, by the following federal bank regulatory agencies: the Office of the Comptroller of the Currency (Comptroller), the Federal …
A Report Of The Sandia Pueblo East Boundary On Sandia Mountain, Milford T. Keene
A Report Of The Sandia Pueblo East Boundary On Sandia Mountain, Milford T. Keene
Sandia Pueblo Mountain Claim
"'The purpose of this report is to review and address past surveys of the Pueblo grant boundaries, focusing on the east boundary. Specifically, the report considers these two questions: what did the Deputy Surveyor survey, and is the east boundary survey a result of private oral instruction given to the surveyor and not preserved in the documents? Since those who believe that the boundary should have been along ""the Main Ridge of Sandia Mountain,"" the problem is to decide, if possible, where those translations, interpretations, instructions, and surveys went astray and for what apparent reasons. Study of documents on the …
Anthropological Report On Land Use: Pueblo Of Sandia, Elizabeth A. Brandt
Anthropological Report On Land Use: Pueblo Of Sandia, Elizabeth A. Brandt
Sandia Pueblo Mountain Claim
Sandia Pueblo is an Indian community located approximaaiy 13 miles north of Albuquerque, New Mexico on the east bank of the Rio Grande river, a few miles to the west of the Sandia Mountains. Archaeological evidence shows that the village site was occupied around 1300 A.D. and that the village has remained in essentially the same area since then. The surrounding area was occupied by Indian hunters as early as 11,000 years ago and there is evidence of numerous smaller sites around Sandia and in the foothills of the mountain dating in the last millenia. Sandia religious practices also show …
Assiniboine And Sioux Tribes Of The Fort Peck Indian Reservation Compact, Assiniboine And Sioux Tribes Of The Fort Peck Indian Reservation, Mt
Assiniboine And Sioux Tribes Of The Fort Peck Indian Reservation Compact, Assiniboine And Sioux Tribes Of The Fort Peck Indian Reservation, Mt
Native American Water Rights Settlement Project
State Legislation: Fort Peck - Montana Compact (1985) Parties: The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation and Montana: The Tribes have the right to divert annually from the Missouri River, certain of its tributaries, and groundwater beneath the Reservation the lesser of (i) 1,050,472 acre-feet of water, or (ii) the quantity of water necessary to supply a consumptive use of 525,236 acre-feet per year for the uses and purposes set forth in this Compact with a priority date of May 1, 1888, provided that no more than 950,000 acre-feet of water, or the quantity of water …
Informed Consent To Participation In Medical Research Employing Elderly Human Subjects, Robert L. Schwartz
Informed Consent To Participation In Medical Research Employing Elderly Human Subjects, Robert L. Schwartz
Faculty Scholarship
The primary question facing researchers who intend to employ elderly human subjects is whether their subjects' advanced age requires that the protection of their autonomy be accomplished in some manner that is different from that employed to protect other subjects. Answering this question will require an analysis of whether elderly subjects have a greater or lesser interest in autonomy than do others who might be subjects in human research, and whether it is more or less important to protect them from potential research abuse. This article will suggest that the elderly may possess several attributes that require that they be …
Mentally Retarded Criminal Defendants, James W. Ellis, Ruth A. Luckasson
Mentally Retarded Criminal Defendants, James W. Ellis, Ruth A. Luckasson
Faculty Scholarship
This Article attempts to provide a preliminary overview of the issues in the Mental Health Standards as they relate to defendants with mental retardation. Part I reviews the history of the treatment of retarded defendants in the criminal justice system. Part II describes the characteristics of people with mental retardation and the consequences of those characteristics. Part III then discusses the extent to which mental retardation should be exculpatory of criminal responsibility. Part IV analyzes the critical importance of competence issues to mentally retarded defendants. Part V elaborates upon dispositional issues including civil commitment and sentencing. Parts VI and VII …
Ak-Chin Settlement Act Of 1984, United States 98th Congress
Ak-Chin Settlement Act Of 1984, United States 98th Congress
Native American Water Rights Settlement Project
Federal Legislation: Ak-Chin Water Use Act of 1984 (PL 98-530, 98 Stat. 2698) An Act to formalize 1983 in Principle for Revised Ak-Chin Water Settlement between Ak-Chin Indian Community and Department of Interior to revisions of July 28, 1978 (PL 95-328; 92 Stat. 409.) In exchange for USA delivering a permanent supply by January 1, 1988, Community released USA from its commitment to supply an interim supply and agreed to reduced deliveries of permanent supply under certain conditions (75,000 a/f on average but up to 85,000 in good years and low as 72,000 in bad ones). The Secretary will supply …
Educating Our Children "On Equal Terms": The Failure Of The Dejure/Defacto Analysis In Desegregation Cases, Antoinette M. Sedillo Lopez
Educating Our Children "On Equal Terms": The Failure Of The Dejure/Defacto Analysis In Desegregation Cases, Antoinette M. Sedillo Lopez
Faculty Scholarship
This Article will describe the narrow process oriented analysis and contrast it with the broader analysis of both the process and the results. It will demonstrate the different conceptual framework involved in evaluating each component. This Article will show how the Supreme Court has viewed educational equality following Plessy v. Ferguson. Initially, the Court's evaluation was quite perfunctory, but it became increasingly strict. By 1954, the Court in Brown v. Board of EducationI was well on its way toward evaluating the results as well as the process. Since Brown, the Court has vacillated between reviewing only the purity of the …
An Assessment Of Affirmative Action In Law School Admissions After Fifteen Years: A Need For Recommitment, Leo M. Romero
An Assessment Of Affirmative Action In Law School Admissions After Fifteen Years: A Need For Recommitment, Leo M. Romero
Faculty Scholarship
Law schools have been admitting minority students through affirmative action programs since the late 1960s. The number of minority students matriculating in American law schools increased significantly as a result of affirmative action. Nearly three thousand or 4.3 percent of the 68,386 students enrolled in 1969-1970 were members of minority groups. By 1982-1983, the number and percentage of minority students had increased to 11,611 and 9 percent of the law school population of 127,915. The percentage of minority applicants enrolled in the first year of law school jumped from 4.2 percent in 1969-1970 to 10.5 percent in 1982-1983.
Mexican Liberals And The Pueblo Indians, 1821 - 1829, G. Emlen Hall, David J. Weber
Mexican Liberals And The Pueblo Indians, 1821 - 1829, G. Emlen Hall, David J. Weber
Faculty Scholarship
When independence from Spain seemed an irreversible fact and he could no longer avoid acknowledging it, the last Spanish governor of the isolated frontier province of New Mexico, the loyal Facundo Melgares, ordered celebrations in honor of the birth of the new Mexican nation. On 6 January 1822, the streets of Santa Fe rang with the sound of church bells and guns fired into the air, as people made their way to Mass, participated in processions, listened to speeches, watched a special play, and danced well into the night. Among the revelers were Pueblo Indians from Tesuque who performed a …
1983 Agreement In Principle To Revise Ak-Chin Water Settlement, Us Department Of The Interior, Ak-Chin Indian Community
1983 Agreement In Principle To Revise Ak-Chin Water Settlement, Us Department Of The Interior, Ak-Chin Indian Community
Native American Water Rights Settlement Project
Agreement: An Agreement in Principle to Revise Ak-Chin 1978 Water Settlement (Sep. 23, 1983). An agreement for revising water settlement between the Ak-Chin and US to amend the 1978 Act (PL 95-328). The goal of the Agreement is to secure federal legislation to ratify a revised Settlement and provide authorization for appropriations to implement the Settlement. The Agreement provides 15M for an interim water supply replacing an earlier US commitment to develop a well field on nearby federal lands. Ak-Chin alone has the determination and responsibility for the use of these monies. The US will also provide a 3.5M grant …
Mobile Homes?--Public And Private Controls, Robert L. Schwartz
Mobile Homes?--Public And Private Controls, Robert L. Schwartz
Faculty Scholarship
The mobile home of today is a far different creature than that from which it was bred. Changes in size, appearance, safety, convenience, and desirability as a place to live have caused the modem mobile home to bear little resemblance to its ancestors. Functioning as a permanently emplaced dwelling, the mobile home has come to be recognized as undeserving of the label "mobile." Other than by place of manufacture, mobile homes have become increasingly indistinguishable from conventional single family dwellings, raising the question of whether mobile homes can reasonably be restricted from areas reserved for single family dwellings. Land controls, …
Memorandum--Pueblo Of Sandia Grant - Eastern Boundary, Sidney L. Mills
Memorandum--Pueblo Of Sandia Grant - Eastern Boundary, Sidney L. Mills
Sandia Pueblo Mountain Claim
This memorandum confirms the receipt of the January 1983 report of Ward Alan Minge. The report refers to issues and encroachments regarding the eastern boundary area of Sandia Pueblo. The basic conclusion of Dr. Minge's report is that the Sandia Pueblo Grant, as surveyed under the auspices of the United States in 1859, was of such a nature as to deviate from the Spanish grant documents.
The Alter Ego Doctrine: Alternative Challenges To The Corporate Form, Antoinette M. Sedillo Lopez
The Alter Ego Doctrine: Alternative Challenges To The Corporate Form, Antoinette M. Sedillo Lopez
Faculty Scholarship
This Comment examines alternative challenges to the separate entity fiction. First, it will analyze the economic policies underlying the separate entity concept and the justification for imposing shareholder liability in typical alter ego cases. Second, this Comment will review cases in which the corporate entity is challenged for alternative purposes and demonstrate how the usual alter ego analysis fails in these cases. Finally, this Comment proposes a three-stage analysis for examining alternative challenges to the separate entity fiction. The proposal would require courts to analyze the facts of the cases, identify the policies underlying the challenge, and balance the economic …
Representing Institutionalized Mentally Retarded Persons, James W. Ellis, Ruth A. Luckasson
Representing Institutionalized Mentally Retarded Persons, James W. Ellis, Ruth A. Luckasson
Faculty Scholarship
The following article explores the need for increased legal advocacy for mentally retarded persons. Contrasting the services available to the mentally ill with the limited resources for the mentally retarded, the authors highlight the unique problems of this underrepresented population, and examine alternative forums for advocacy. In a practical, straightforward analysis, the article identifies barriers to effective representation, including the fundamental problem of lawyers' and advocates' reactions to institutionalized retarded persons' appearance and behavior, and the effect of these reactions on advocacy efforts. The article is followed by a client interview form and guide that focus on the special problems …
Institutional Review Of Medical Research: Cost-Benefit Analysis, Risk-Benefit Analysis, And The Possible Effects Of Research On Public Policy, Robert L. Schwartz
Institutional Review Of Medical Research: Cost-Benefit Analysis, Risk-Benefit Analysis, And The Possible Effects Of Research On Public Policy, Robert L. Schwartz
Faculty Scholarship
It is reasonable to expect IRBs to develop and apply policy as other public policy agencies do. In fact, the risk-benefit analysis now required of IRBs appears to be analogous to the cost-benefit analysis adopted by public policy analysts. But, as we shall see, the new risk-benefit criterion is far less comprehensive and valid than the traditional cost-benefit model.
Tohono O'Odham Water Rights Settlement Act Of 1982, Title Iii, United States 97th Congress
Tohono O'Odham Water Rights Settlement Act Of 1982, Title Iii, United States 97th Congress
Native American Water Rights Settlement Project
Federal Legislation: Title III, Congressional Findings of A 1982 Act To authorize the Secretary of the Interior to construct, operate, and maintain modifications of the existing Buffalo Bill Dam and Reservoir, Shoshone project, Pick-Sloan Missouri Basin program, Wyoming, and for other purposes, PL 97-293, 96 Stat. 1261, 1274 (Oct. 12, 1982). The Bureau of Reclamation shall deliver 27,000 acre feet annually of agricultural water to the San Xavier Reservation and improve and expand the existing irrigation system. The Bureau shall deliver 10,800 acre feet annually of agricultural water to the Schuk Toak District and design and construct an irrigation system …
The Law School Library: Its Function, Structure, And Management, Robert J. Desiderio
The Law School Library: Its Function, Structure, And Management, Robert J. Desiderio
Faculty Scholarship
The law library has a special and unique importance because of the nature of our legal system and its role as a laboratory for anyone involved in a legal proceeding. Students, faculty, lawyers, judges, and lay persons cannot accomplish legal work without the library. Law libraries, in the process of transition, are planning or implementing computer-based retrieval systems and video devices for training and instruction. Law librarians have significant responsibilities for accurate information retrieval and teaching legal research techniques.
Judicial Style In Californias Federal Admiralty Court: Ogden Hoffman And The First Ten Years, 1851-1891', Christian G. Fritz
Judicial Style In Californias Federal Admiralty Court: Ogden Hoffman And The First Ten Years, 1851-1891', Christian G. Fritz
Faculty Scholarship
The admiralty jurisdiction of Californias federal district court in San Francisco between 1851 and 1861 provides insight into how one federal judge understood and executed his role in a frontier setting. How the Northern District of California's first judge, Harvard-educated Ogden Hoffman, conducted his court, exercised his jurisdiction, arrived at his conclusions, and fashioned his opinions--what might be considered his judicial style--reveals much about legal practice and judicial process in the far west as the middle of the nineteenth century. An examination of the first decade of federal admiralty cases in California suggests that law on the frontier entailed learning, …
Juan Estevan Pino, "Se Los Coma": New Mexico Land Speculation In The 1820s", G. Emlen Hall
Juan Estevan Pino, "Se Los Coma": New Mexico Land Speculation In The 1820s", G. Emlen Hall
Faculty Scholarship
Ever since regional historians began taking New Mexico land history seriously, they have focused on changes in Spanish and Mexican land tenure brought on by the advent of American sovereignty in 1846. The confusing land claim adjudications by the United States' Office of the Surveyor General for New Mexico and Congress, and by the subsequent Court of Private Land Claims yield interesting stories. Manipulations of those confirmed rights in the 1870s, 80s and 90s by organized private interests tell an even more spectacular tale. But the pyrotechnics of territorial land speculation mask the fact that sharp dealing in New Mexico …
Delimiting Religion And Ethics, Robert L. Schwartz
Delimiting Religion And Ethics, Robert L. Schwartz
Faculty Scholarship
The author argues that people need to make a distinction between religious belief and logical ethics.
Teaching Physicians And Lawyers To Understand Each Other: The Development Of A Law And Medicine Clinic, Robert L. Schwartz
Teaching Physicians And Lawyers To Understand Each Other: The Development Of A Law And Medicine Clinic, Robert L. Schwartz
Faculty Scholarship
The discomfort doctors and lawyers feel with one another is not a consequence of the perceived medical malpractice crisis or any other single area of substantive disagreement. Rather, it is a reflection of the different epistemologies of the professions. The truth seeking activities of the two professions are very different, and these differences are reflected in the widely divergent professional educations provided to medical and law students. Much of the animosity which has developed between doctors and lawyers could be avoided, and members of each profession could have a much better understanding of the substance and analytic methods of the …
Competency To Stand Trial Under The Senate And House Proposed Revisions Of The Federal Criminal Code, Leo M. Romero
Competency To Stand Trial Under The Senate And House Proposed Revisions Of The Federal Criminal Code, Leo M. Romero
Faculty Scholarship
In 1980 the judiciary committees of the Senate and the House of Representatives reported bills revising the federal criminal code. Although neither of these bills was enacted by the Ninety-Sixth Congress, they represent the culmination of efforts, over a period of a decade, to revise and reform the federal criminal laws in a comprehensive code.
Physicians And Lawyers: Science, Art, And Conflict, Robert L. Schwartz, Joan M. Gibson
Physicians And Lawyers: Science, Art, And Conflict, Robert L. Schwartz, Joan M. Gibson
Faculty Scholarship
The relations between physicians and lawyers have deteriorated rapidly over the past several decades, most particularly since the early 70s when the perception that a medical malpractice crisis existed in America became widespread. Some believe that the factors dividing the two professions . are linked (1) to professional jealousy, (2) to sometimes conflicting economic interests, or (3) to difficulties in communication, since both professions use many of the same words, or terms of art, but with different intended meanings. While the authors agree that these factors may have aggravated the problem, they believe that the conflict's real roots are in …