Law Commons^™

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.

Paying The Wrong Debt, Roger Bernhardt

Publications

This article discusses a California case where a lender’s failure to obtain a proper subordination agreement constituted culpable negligence and led to the denial of equitable subrogation for the amounts advanced.

Prepayment Pitfalls, Roger Bernhardt

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This article discusses prepayment dangers in California.

Don’T Take Listings Too Lightly, Roger Bernhardt

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This article discusses exclusive listings in California, and the effect of safety, and withdrawal clauses in them for sellers who wish to discharge their brokers.

Wisdom Across The Atlantic: North America And The European Experience, Paul S. Kibel

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No abstract provided.

Secretly Severing Joint Tenancies, Roger Bernhardt

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This article discusses California cases involving severing joint tenancies and the differences between joint tenancy or community property.

The Principles Of Good-Neighborliness In International Law, Sompong Sucharitkul

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As we enter the second half of the Decade of International Law proclaimed by the United Nations in preparation for the new era of the twenty-first century, it has become more and more apparent that among the fundamental principles of international law currently ripening for codification, the principles of good-neighborliness deserve our utmost and urgent consideration, lest more of us will fall further victims to intolerance and succumb to the temptation of unneighborly conduct.

Hunters Point: Energy Development Meets Environmental Justice, Alan Ramo

Publications

Community reaction to a proposal to build the first new power plant in decades in San Francisco has forced a California agency, the California Energy Commission (CEC), to hold the first ever evidentiary hearings explicitly on the issue of environmental justice. In the process, fundamental questions regarding civil rights, energy development, environmental decision-making and economic development in poor communities are being litigated. At stake is the public and economic health of a community and perhaps the conscience of our environmental regulatory system.

Covenants Don’T Run Like They Used To, Roger Bernhardt

Publications

This article discusses a California Supreme Court decision that CC&Rs recorded before the subdivider conveyed any lots in the subdivision were nevertheless binding on subsequent owners even when their deeds made no reference to those restrictions.

Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview~Hunters Point Community, Clifford Rechtschaffen

Publications

Although the environmental justice movement catapulted into national consciousness during the 1990s, as reflected most notably in President Clinton's 1994 Executive Order on Environmental Justice, communities of color still face an uphill struggle fighting specific siting decisions. One community in the midst of such a battle is Bayview-Hunters Point, a low and middle-income community in San FrancIsco, overwhelmingly comprised of people of color. It is home to San Francisco's two existing power plants, and is burdened with a very high concentration of the City's dirty industries. In 1994, the San Francisco Energy Company proposed siting yet another power plant in …

Education For Self-Reliance, Responsibility And Hope, John Strassburger

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This is the first in a series of occasional papers about the challenges confronting students and what Ursinus is doing to help them enter adult life.

Book Review, Lakshman D. Guruswamy

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No abstract provided.

Progress And Constitutionalism, Robert F. Nagel

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No abstract provided.

Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson

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No abstract provided.

The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell

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The goals of this article are to examine the most significant developments in Hungary during the 1989-1994 period and to situate them in the larger context of international human-rights law. After briefly setting forth an analytical framework for religious liberty and the separation of church and state, this article describes and analyzes the pertinent Hungarian laws and court decisions, and concludes that despite significant improvement in religion's legal status, its actual situation is precarious.

Justice For The Sea Turtle: Marine Conservation And The Court Of International Trade, Paul S. Kibel

Publications

On April 10, 1996, the United States Court of International Trade (CIT) issued a landmark decision in Earth Island Institute v. Christopher. In this case, the CIT ordered the U.S. State, Commerce, and Treasury Departments to block the importation of shrimp from all nations that had not adopted adequate policies to protect sea turtles. Worldwide, over one hundred thousand sea turtles are killed each year as a result of shrimp-harvesting operations: the turtles drown trying to escape the shrimp nets. The CIT based its ruling on an interpretation of a 1989 amendment to the federal Endangered Species Act (ESA), § …

Reconstructing The Marketplace: The International Timber Trade And Forest Protection, Paul S. Kibel

Publications

This Article proposes a new international regime to help recapture the lost value of native forests and promote global forest protection - the General Agreement on the Timber Trade.

Part I outlines the essential differences between native forest conservation and industrial forestry. Part II chronicles the ecological, social, and economic losses resulting from the destruction of native forests. Part Ill reveals the national and international components of the timber trade, and demonstrates how these components contribute to unsustainable logging practices. Part IV assesses the effectiveness of prior and ongoing international efforts to reform the global timber trade and promote sustainable …

State Responsibility And International Liability Under International Law, Sompong Sucharitkul

Publications

This Article assesses the relation between State responsibility under international law and international liability of States for injurious consequences that arise out of activities within their jurisdiction or control and that affect other States or nationals of other States. Part II examines the historical developments of State responsibility and international liability. Part III compares and contrasts elements of State responsibility and international liability. Part IV concludes that further study and development of State responsibility and international liability should be continued and encouraged.

Treaty On The Southeast Asia Nuclear Weapon-Free Zone - Introduction, Sompong Sucharitkul

Publications

All ten countries of Southeast Asia, including Myanmar, signed the Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ) Treaty. The Treaty is a reaffirmation of the Association of Southeast Asian Nations' (ASEAN) leaders' determination to maintain peace and security in the region of Southeast Asia in the spirit of friendly relations and cooperation, mutual understanding and good neighborliness, as enunciated in previous declarations and communiques of ASEAN Member States. It recalls the Program of Action on the Zone of Peace, Freedom and Neutrality (ZOPFAN) adopted at the Twenty-Sixth ASEAN Ministerial Meeting in Singapore in July 1993, and the importance of the Treaty …

Association Of Southeast Asian Nations: Bangkok Summit Declaration On The Progress Of Aesan, Vietnam's Membership, Greater Economic Cooperation And Closer Political Cooperation In International Fora, Sompong Sucharitkul

Publications

ASEAN, the Association of Southeast Asian Nations, was established by the ASEAN Declaration of August 8, 1967 in Bangkok, Thailand, with five founding members: Indonesia, Malaysia, the Philippines, Singapore and Thailand. Brunei Darussalam was admitted as the sixth member of ASEAN by the Declaration of January 7, 1984 in Jakarta, and Vietnam became the seventh member on July 28, 1995, following the Admission Ceremony in Brunei Darussalam.

Plural Perils, Roger Bernhardt

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This article discusses the California one-action rule and its application in multiple security situations.

Legal Developments In The First Half Of The United Nations Decade Of International Law, Sompong Sucharitkul

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The time has come for us in the Northwest region, as well as in the larger Asian Pacific region, to take stock of the progress made up to this point in the various activities and undertakings of States and International Organizations including Non-Governmental Organizations as part and parcel of the world community. It is not the purpose of this brief report to give a detailed comprehensive and analytical survey of all the achievements, of all the activities in progress and the failures and disappointments that we as members of the international community have encountered over the past five years. That …

Through The Looking Glass: Recent Developments In Affirmative Action, Kathleen Morris

Publications

The year 1995 saw three major developments that threaten the future of voluntary affirmative action programs in California and nationwide. On June 12, the U.S. Supreme Court in Adarand Constructors, Inc. v. Pena, held that voluntary federal affirmative action programs should be subject to the same "strict scrutiny" reserved for all other racial classifications. The following month, the Regents of the University of California voted to abolish the use of race and gender as factors in admissions and hiring in the University of California system. Finally, last year the so-called "California Civil Rights Initiative" ("CCRI") was presented to the …

Responsibility And Liability For Environmental Damage Under International Law, Sompong Sucharitkul

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Replies to a questionnaire.

The Warning Game: Evaluating Warnings Under California's Proposition 65, Clifford Rechtschaffen

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In 1986, California voters overwhelmingly approved the Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative better known as Proposition 65. Voters passed the initiative to address the failure of government institutions to protect Californians from health threats posed by hazardous chemicals. Specifically, voters declared their rights to safe drinking water, to information about chemical exposures, and to strict enforcement of toxics laws. The statute has received extraordinary national attention for its innovative regulatory approaches, and has been alternatively labeled revolutionary and wildly irresponsible.

This Article analyzes how Proposition 65's warning requirement has fared in practice. Proposition 65 …

An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford

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This symposium was called to address constitutional concerns raised by the controversy over the issue of mandatory pediatric testing, counseling and treatment for the human immuno-deficiency virus (HIV). In due course, I will turn to those concerns,' and explain my view that the need to test and treat newborns for HIV constitutes a medical emergency that overrides the most serious constitutional concerns. However, before doing so, it is helpful to put the debate in perspective, to explain what, in ABC's view, the controversy is really all about, and to indicate why our organization has so strenuously advocated mandatory pediatric HIV …

Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford

Publications

For the first five years of the 1990's, Noxubee County, Mississippi experienced a deeply divisive battle over the proposed siting there of one of the nation's biggest toxic waste dump and incineration facilities. Noxubee County, which is nearly 70% African-American, is also desperately poor. The fight over the proposed waste facility was in part a question of jobs versus environmental protection yet, as the selection below suggests, the waste fight was also influenced by long-standing animosities and social divisions-factors that, in my view, have been insufficiently appreciated by environmental justice activists and environmental lawyers alike.

Analyzing Evidence Of Environmental Justice: A Suggestion For Professor Been, Colin Crawford

Publications

One effect of the environmental justice movement has been to draw attention to the prejudices inherent in some modem environmental policies. These prejudices are most apparent when analyzing the location of hazardous waste facilities throughout the country. Several recent environmental justice studies have debated whether the location of these facilities has a direct correlation to the percentage of minorities in the surrounding areas.

This article critiques some of the methodology of these recent studies, most notably that of Professor Vicki Been, to determine the rationale governing the placement of hazardous waste facilities. Furthermore, this article suggests that researchers should expand …

Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children's Views On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford

Publications

In my remarks today, I intend to do three things. First, I want to document the trajectory of the Association to Benefit Children's (ABC) approach to this issue, which was considerably more layered and nuanced than often characterized by the press and, certainly, by our most virulent opponents. Second, I aim to offer some reflections as to why the debate became as acrimonious as it did, and how that impeded resolution of this issue satisfactory to the widest possible number of people. Third, I hope that these reflections will provide a basis for some suggestions as to how future debate …

Medical Monitoring And The Future Of Cercla: Reinvigorating The Superfund Law's Consequential Purpose, Colin Crawford

Publications

The Article advances in three main parts. Part II gives a brief overview of the reasons why most of the legal and transactional time, attention, and money spent during CERCLA's first fifteen years focused on who should pay for hazardous waste cleanup, and how much parties should pay once identified. The section briefly examines some of the understandable reasons why this occurred, but then argues that a revised CERCLA will be more effective if it concentrates instead on what costs should be covered. Part II concludes by demonstrating that such a re-focus would reflect CERCLA's original, radically consequentialist design. Part …