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Full-Text Articles in Law

The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston Jun 1989

The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

112 pages (includes illustrations and 1 map).

Contains references.


The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis Jan 1989

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis

Scholarly Works

The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …


Public Rights In The Navigable Streams Of New York, John A. Humbach Jan 1989

Public Rights In The Navigable Streams Of New York, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This paper provides a comprehensive survey of the New York judicial decisions bearing on the public's right to use the state's navigable streams and waterways. The cases have been organized into a logical framework, in outline form, in order to give future researchers ready access to the relevant judicial materials. Wherever possible, the main thrust of the cases has been presented in the court's own words. Brief narrative summaries of the case law are provided under the main outline headings. An attempt has been made to include a reference to every New York case relevant to public use of freshwater …