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Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz Dec 1998

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz

Faculty Scholarship

The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal of human …


The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore Dec 1998

The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore

Faculty Scholarship

This Comment, like a traditional Comment regarding affirmative action, will provide analysis pertaining to the historical events that shaped modem affirmative action policies. However, this Comment will also examine the recent settlement of Taxman v. Board of Education, a most intriguing display of political maneuvering which remains shrouded in controversy." Taxman would have presented the upreme Court with an ideal lens through which to examine the constitutionality of affirmative action. However, as a result of industrious manipulation, the Court narrowly missed that opportunity. Because a live controversy no longer exists, this Comment will focus on the Supreme Court's lost chance …


Memorandum--The Story, Kyle Harwood Nov 1998

Memorandum--The Story, Kyle Harwood

Sandia Pueblo Mountain Claim

This story was prepared for a verbal presentation of the issues regarding the Sandia Mountain Land Claim. It provides a brief chronological overview of the Sandia Mountain Land Claim.


Certificate Of Service (Federal Appellants'), Marta Hoilman Oct 1998

Certificate Of Service (Federal Appellants'), Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.


Federal Appellants' Certificate As To Parties, Rulings, And Related Cases, Marta Hoilman Oct 1998

Federal Appellants' Certificate As To Parties, Rulings, And Related Cases, Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.


Statement That Deferred Appendix Will Be Utilized, Marta Hoilman Oct 1998

Statement That Deferred Appendix Will Be Utilized, Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.


Federal Appellants' Statement Of Issues To Be Raised On Appeal, Marta Hoilman Oct 1998

Federal Appellants' Statement Of Issues To Be Raised On Appeal, Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.


Joint Motion To Hold Consolidated Appeals In Abeyance Pending Settlement Negotiations, Marta Hoilman, Thomas R. Bartman Oct 1998

Joint Motion To Hold Consolidated Appeals In Abeyance Pending Settlement Negotiations, Marta Hoilman, Thomas R. Bartman

Sandia Pueblo Mountain Claim

No abstract provided.


Federal Appellants' Report Certifying That All Necessary Transcripts Have Been Completed, Marta Hoilman Oct 1998

Federal Appellants' Report Certifying That All Necessary Transcripts Have Been Completed, Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.


Appellee Pueblo Of Sandia Local Rule 28(A)(1) Certificate, Peter T. Grossi Jr., James M. Rosenthal Oct 1998

Appellee Pueblo Of Sandia Local Rule 28(A)(1) Certificate, Peter T. Grossi Jr., James M. Rosenthal

Sandia Pueblo Mountain Claim

No abstract provided.


Docketing Statement (Federal), Marta Hoilman Oct 1998

Docketing Statement (Federal), Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.


San Luis Rey Indian Water Rights Settlement Act Of 1988, Amendment Of Oct. 14, 1998, United States 105th Congress Oct 1998

San Luis Rey Indian Water Rights Settlement Act Of 1988, Amendment Of Oct. 14, 1998, United States 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Luis Rey Indian Water Rights Settlement Act Amendment, PL 105-256, 112 Stat. 1896, 1899 (Oct. 14, 1998). Parties: La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, US. San Luis Rey Indian Water Rights Settlement Act, Sec. 105(c) is amended to authorize disbursement of a total of $8M, of which $1.6M will go to each of the Bands, from the interest income which has accrued to the Fund. The disbursed funds shall be invested or used for economic development of the Bands. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]


1998 Amendment To Jicarilla Apache Tribe Water Rights Settlement Act Of 1992, United States 105th Congress Oct 1998

1998 Amendment To Jicarilla Apache Tribe Water Rights Settlement Act Of 1992, United States 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: Act of October 14, 1998 - Sec. 10. Making technical amendments in laws for Native Americans and for other purposes, PL 105-256, §10| 112 Stat. 1896. Parties: Jicarilla Apache Nation and US. Amends Jicarilla Settlement Act, Section 8(e)(3) to move the adjudication decree deadline from December 31, 1998 to December 31, 2000. It also approves the December 8, 1992 Settlement Contract between the Nation and the US. Related to rights in the Rio Chama & San Juan drainages. [source http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]


Certificate Of Service (Sandia Pueblo), James Rosenthal Oct 1998

Certificate Of Service (Sandia Pueblo), James Rosenthal

Sandia Pueblo Mountain Claim

No abstract provided.


Appellants Bernalillo County's & Sandia Mountain Coalition's Amended Certificate Of Counsel, Thomas R. Bartman Sep 1998

Appellants Bernalillo County's & Sandia Mountain Coalition's Amended Certificate Of Counsel, Thomas R. Bartman

Sandia Pueblo Mountain Claim

No abstract provided.


Appellants' Statement Of Issues On Appeal, Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition Sep 1998

Appellants' Statement Of Issues On Appeal, Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition

Sandia Pueblo Mountain Claim

No abstract provided.


Appellants' Certificate Of Counsel, Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition Sep 1998

Appellants' Certificate Of Counsel, Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition

Sandia Pueblo Mountain Claim

No abstract provided.


Statement As To Use Of Deferred Appendix, Thomas R. Bartman Sep 1998

Statement As To Use Of Deferred Appendix, Thomas R. Bartman

Sandia Pueblo Mountain Claim

No abstract provided.


Certificate Of Service, Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition Sep 1998

Certificate Of Service, Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition

Sandia Pueblo Mountain Claim

No abstract provided.


Report Concerning Completion Of Transcript, Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition Sep 1998

Report Concerning Completion Of Transcript, Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition

Sandia Pueblo Mountain Claim

No abstract provided.


Docketing Statement (Bernalillo County & Sandia Mountain Coalition), Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition Sep 1998

Docketing Statement (Bernalillo County & Sandia Mountain Coalition), Thomas R. Bartman, Bernalillo County New Mexico, Sandia Mountain Coalition

Sandia Pueblo Mountain Claim

No abstract provided.


Order To Consolidate No.98-5428 And No.98-5451, Mark J. Langer, Elizabeth V. Scott Sep 1998

Order To Consolidate No.98-5428 And No.98-5451, Mark J. Langer, Elizabeth V. Scott

Sandia Pueblo Mountain Claim

No abstract provided.


Order Requesting Documents From Federal Appellant, Elizabeth V. Scott, Mark J. Langer Sep 1998

Order Requesting Documents From Federal Appellant, Elizabeth V. Scott, Mark J. Langer

Sandia Pueblo Mountain Claim

No abstract provided.


Notice Of Appeal--Plaintiffs, Andrew M. Eschen Sep 1998

Notice Of Appeal--Plaintiffs, Andrew M. Eschen

Sandia Pueblo Mountain Claim

No abstract provided.


Order Requesting Documents, Elizabeth V. Scott, Mark J. Langer, United States Court Of Appeals District Of Columbia Aug 1998

Order Requesting Documents, Elizabeth V. Scott, Mark J. Langer, United States Court Of Appeals District Of Columbia

Sandia Pueblo Mountain Claim

No abstract provided.


Notice Of Appeal--Bernalillo County And Sandia Mountain Coalition, Thomas R. Bartman Aug 1998

Notice Of Appeal--Bernalillo County And Sandia Mountain Coalition, Thomas R. Bartman

Sandia Pueblo Mountain Claim

No abstract provided.


Opinion Granting Plaintiff's Motion For Summary Judgment, Harold H. Greene Jul 1998

Opinion Granting Plaintiff's Motion For Summary Judgment, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.


Facilitative Mediation Or Evaluative Mediation: May Your Choice Be A Wise One, Scott H. Hughes Jul 1998

Facilitative Mediation Or Evaluative Mediation: May Your Choice Be A Wise One, Scott H. Hughes

Faculty Scholarship

Describing the distinctions and criticisms between facilitative mediation, that provides a setting for disputants to understand and make choices, and evaluative mediation, where the mediator provides guidance. Attorneys should fully understand mediation styles, and explore these options with their client.


Praecipe--Change Of Address, Thomas R. Bartman May 1998

Praecipe--Change Of Address, Thomas R. Bartman

Sandia Pueblo Mountain Claim

No abstract provided.


Panel Discussions From "Indian Nations On The Eve Of The 21st Century, John P. Lavelle, Frank Pommersheim, Larry Long, James Abourezk, Christopher Schneider May 1998

Panel Discussions From "Indian Nations On The Eve Of The 21st Century, John P. Lavelle, Frank Pommersheim, Larry Long, James Abourezk, Christopher Schneider

Faculty Scholarship

On the afternoon of May 19, 1998, in the University of South Dakota School of Law Courtroom, two panels assembled to discuss current issues in Indian land and water rights. The panels were part of the Fifth Biennial Indian Law Symposium entitled "Indian Nations on The Eve of The Twenty-First Century: Sovereignty, Self-Government, Water Rights, Land Rights." Those panel discussions are reprinted here, with minor stylistic edits.

The first panel, dealing with water rights, included Mark Van Norman, Susan Williams, Robert Cournoyer, Tony Iron Shell, Professor John Davidson, and moderator Robert Gough.

The second panel, dealing with land rights, was …