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1991

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Full-Text Articles in Law

Media Coverage Of Law: Its Impact On Juries And The Public, Valerie P. Hans, Juliet Dee Dec 1991

Media Coverage Of Law: Its Impact On Juries And The Public, Valerie P. Hans, Juliet Dee

Cornell Law Faculty Publications

Because most of the public has little direct experience with the justice system, public knowledge and views of law and the legal system are largely dependent on media representations. The media provide many lessons about law and justice. In the average American household, a TV set is on for over 7 hours each day, and individual members of the family watch television for about 3 hours. Television news and police and crime dramas account for a substantial amount of incidental learning about the nature of the legal system. Newspapers and films also contribute to the public's knowledge and attitudes about …


Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert Nov 1991

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

Articles

There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …


Agenda: The Law Of International Water Courses: The United Nations International Law Commission's Draft Rules On The Non-Navigational Uses Of International Watercourses, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Natural Resources Law Center, American Bar Association. Section Of International Law And Practice. International Environmental Law Committee, American Society Of International Law. Panel On State Responsibility, United Nations. International Law Commission Oct 1991

Agenda: The Law Of International Water Courses: The United Nations International Law Commission's Draft Rules On The Non-Navigational Uses Of International Watercourses, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Natural Resources Law Center, American Bar Association. Section Of International Law And Practice. International Environmental Law Committee, American Society Of International Law. Panel On State Responsibility, United Nations. International Law Commission

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

Colloquium organizers, committee members and/or moderators included University of Colorado School of Law professors Daniel Magraw, James N. Corbridge, Jr. and Lawrence J. MacDonnell (Director, Natural Resources Law Center).

The United Nations International Law Commission has drafted new rules on the non-navigational uses of international watercourses. University of Colorado Law Professor Daniel Magraw has organized a colloquium to review these draft rules on October 18, 1991, sponsored jointly by the Panel on State Responsibility of the American Society of International Law, the University of Colorado School of Law, and the International Environmental Law Committee of the ABA's Section of International …


“General Principles” And “Planned Measures” Provisions In The International Law Commission Draft Articles On The Non-Navigational Uses Of International Watercourses: A Mexican Point Of View, Alberto Szekely Oct 1991

“General Principles” And “Planned Measures” Provisions In The International Law Commission Draft Articles On The Non-Navigational Uses Of International Watercourses: A Mexican Point Of View, Alberto Szekely

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

18 pages.


Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses (Articles 1-4), Robert D. Hayton Oct 1991

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses (Articles 1-4), Robert D. Hayton

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

14 pages.

Includes footnotes.


Introduction And Overview On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses, Stephen Mccaffrey Oct 1991

Introduction And Overview On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses, Stephen Mccaffrey

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

15 pages.

Contains footnotes.


The International Law Commission’S Draft Articles On The Law Of International Watercourses: Principles And Planned Measures, Charles B. Bourne Oct 1991

The International Law Commission’S Draft Articles On The Law Of International Watercourses: Principles And Planned Measures, Charles B. Bourne

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains 6 pages of footnotes.


Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses: “Management And Domestic Remedies", Sergei V. Vinogradov Oct 1991

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses: “Management And Domestic Remedies", Sergei V. Vinogradov

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

46 pages.

Contains 11 pages of endnotes.


Protection And Preservation In International Watercourses, C. O. Okidi Oct 1991

Protection And Preservation In International Watercourses, C. O. Okidi

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

56 pages.

Contains 11 pages of footnotes.


The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation; Harmful Conditions And Emergency Situations; And Protection Of Water Installations, Ved P. Nanda Oct 1991

The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation; Harmful Conditions And Emergency Situations; And Protection Of Water Installations, Ved P. Nanda

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains endnotes (pages 40-50).


Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler Oct 1991

Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler

All Faculty Scholarship

No abstract provided.


Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel Jul 1991

Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Behind The Parity Debate: The Decline Of The Legal Process Tradition In The Law Of Federal Courts, Michael L. Wells Jul 1991

Behind The Parity Debate: The Decline Of The Legal Process Tradition In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Whether there is parity between federal and state courts has become a central question in the law of federal courts, dividing judges and commentators into two well-defined camps. Although the issue rarely arose thirty years ago, it now enters into virtually every discussion of the rules concerning access to federal court for constitutional claims. On one side of the debate, advocates of broad federal jurisdiction over constitutional challenges to state action claim that federal courts are better than state courts at adjudicating these controversies. On the other side, advocates of state court jurisdiction insist that state courts are fully adequate …


The Public Interest: A Matter Of Discretion?, R. Keith Higginson Jun 1991

The Public Interest: A Matter Of Discretion?, R. Keith Higginson

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

15 pages.


Federal Regulatory Interests In Water, Patricia Sanderson Port Jun 1991

Federal Regulatory Interests In Water, Patricia Sanderson Port

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

39 pages.

Contains references.


Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning Jun 1991

Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

49 pages (includes illustrations and maps).

Contains references.


Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett Jun 1991

Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

5 pages.


Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte Jun 1991

Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

28 pages.


Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely Jun 1991

Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

20 pages.


The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman Jun 1991

The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

171 pages.


Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez Jun 1991

Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

26 pages.


Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell Jun 1991

Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

50 pages (includes illustrations and maps).

Contains footnotes.


Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center Jun 1991

Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.

Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …


Kansas Intensive Groundwater Use Control Areas, David L. Pope Jun 1991

Kansas Intensive Groundwater Use Control Areas, David L. Pope

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

22 pages (includes maps).

Contains references.


Water Planning: The Oregon Approach, William H. Young Jun 1991

Water Planning: The Oregon Approach, William H. Young

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

64 pages.


Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr. Jun 1991

Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen May 1991

The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen

Scholarly Works

A cornerstone of the United States Constitution is its separation of powers among the legislative, executive, and judicial branches of the national government. The Framers of the Constitution reasoned that separated powers would guard against tyranny by blocking the undue concentration of authority in any single governmental department. In crafting the Constitution, however, the Framers could not anticipate every dispute their scheme of separated powers might engender. One modern separation-of-powers conflict not specifically anticipated by the constitutional text involves so-called "intracircuit nonacquiescence.”

Intracircuit nonacquiescence occurs when executive-branch decision makers refuse to follow a circuit court's precedents even when acting subject …


Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler Apr 1991

Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler

All Faculty Scholarship

No abstract provided.


Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson Apr 1991

Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.


The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne Apr 1991

The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne

Faculty Publications

No abstract provided.