Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (30)
- Cornell University Law School (7)
- University of Pennsylvania Carey Law School (7)
- University of New Mexico (6)
- Brooklyn Law School (4)
-
- Duke Law (4)
- Northwestern Pritzker School of Law (4)
- University of Michigan Law School (4)
- Fordham Law School (3)
- University of Georgia School of Law (3)
- University of Pittsburgh School of Law (3)
- Brigham Young University Law School (2)
- Case Western Reserve University School of Law (2)
- Georgetown University Law Center (2)
- Boston University School of Law (1)
- Butler University (1)
- Florida A&M University College of Law (1)
- Georgia State University College of Law (1)
- Mitchell Hamline School of Law (1)
- Roger Williams University (1)
- Saint Louis University School of Law (1)
- Santa Clara Law (1)
- Schulich School of Law, Dalhousie University (1)
- University of Connecticut (1)
- University of Florida Levin College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts School of Law (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Keyword
-
- Western water law (23)
- Water law (22)
- Water policy (22)
- West (21)
- California (13)
-
- Colorado (12)
- Climate change (10)
- Arizona (8)
- Drought (8)
- New Mexico (8)
- Colorado River (7)
- Litigation (7)
- Water management (7)
- Water quality (7)
- Agriculture (6)
- Class actions (6)
- Environmental challenges (6)
- Montana (6)
- Nevada (6)
- Prior appropriation (6)
- Utah (6)
- Water rights (6)
- Challenges (5)
- Colorado River Basin (5)
- Evidence (5)
- Idaho (5)
- Population growth (5)
- Water conservation (5)
- Water resource management (5)
- Water resources management (5)
- Publication
-
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Faculty Scholarship (16)
- Publications (10)
- All Faculty Scholarship (8)
- Articles (8)
-
- Cornell Law Faculty Publications (6)
- Faculty Publications (6)
- Faculty Working Papers (4)
- Scholarly Works (3)
- Georgetown Law Faculty Publications and Other Works (2)
- Articles, Book Chapters, & Popular Press (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Cornell Law Faculty Working Papers (1)
- Faculty Articles and Papers (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- Journal Publications (1)
- Law Faculty Scholarship (1)
- Materials from All Student Organizations (1)
- Scholarship and Professional Work - LAS (1)
- UF Law Faculty Publications (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 31 - 60 of 101
Full-Text Articles in Law
Slides: Climate Change And The Death Of Stationarity: A New Era For Western Water?, Stephen T. Gray
Slides: Climate Change And The Death Of Stationarity: A New Era For Western Water?, Stephen T. Gray
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Steven T. Gray, Wyoming State Climatologist, University of Wyoming, Laramie, WY
48 slides
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona
37 slides
Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller
Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Bart Miller, Western Resource Advocates, Boulder, CO
13 slides
Slides: Agricultural Resilience And Urban Growth: A Closer Look, William R. Travis
Slides: Agricultural Resilience And Urban Growth: A Closer Look, William R. Travis
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: William R. Travis, Department of Geography, Center for Science & Technology Policy Research, CIRES, University of Colorado at Boulder
30 slides
Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson
Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert Wilkinson, Ph.D., Director of the Water Policy Program, Donald Bren School of Environmental Science and Management, University of California-- Santa Barbara
60 slides
Wyeth V. Levine And Its Implications, Brian Wolfman
Wyeth V. Levine And Its Implications, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
The U.S. Supreme Court’s decision in Wyeth v. Levine sharply limited the availability of implied preemption as a defense in pharmaceutical cases. In this Analysis & Perspective, attorney Brian Wolfman discusses the decision and its implications for prescription drug litigation as well as litigation in other areas that are regulated by the federal government.
After Wyeth, Wolfman says, a defendant in a prescription drug case must demonstrate a ‘‘tight fit between the labeling change proposed by the manufacturer (and rejected by the FDA) and the labeling change that the plaintiff contends would have prevented her injuries.’’ Moreover, he says, …
Steps To Flow Restoration: Lessons From The Northwest, Reed D. Benson
Steps To Flow Restoration: Lessons From The Northwest, Reed D. Benson
Publications
No abstract provided.
Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby
Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby
Publications
No abstract provided.
The Pragmatics Of Allocating Water For Stream Flows, Steve Harris
The Pragmatics Of Allocating Water For Stream Flows, Steve Harris
Publications
No abstract provided.
New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst
New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst
Publications
No abstract provided.
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
UF Law Faculty Publications
Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There is a generally held understanding of the dispute resolution processes. The essence of private dispute resolution is that the parties can arrange the disputed rights and entitlements per agreement and without judicial intervention. In public adjudication, however, the sovereign mandates the substantive and procedural laws to be applied, many of which cannot be changed by either a party's unilateral decision or both parties' mutual consent. Neither approach allows a party an option to unilaterally alter important aspects of the process, such as the standards of …
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Faculty Publications
This survey of 2008's top developments in these international fora will focus on the law governing international crimes and applicable forms of responsibility. Several trends in the law are immediately apparent. The tribunals continue to delineate and clarify the interfaces between the various international crimes, particularly war crimes and crimes against humanity, which may be committed simultaneously or in parallel with each other. Several important cases went to judgment in 2008 that address war crimes drawn from the Hague tradition of international humanitarian law, and the international courts are demonstrating a greater facility for adjudicating highly technical aspects of this …
Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.
Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.
Faculty Scholarship
No abstract provided.
What Is Specific About Specific Restitution, Colleen P. Murphy
What Is Specific About Specific Restitution, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
What Is The Settlement Rate And Why Should We Care?, Theodore Eisenberg, Charlotte Lanvers
What Is The Settlement Rate And Why Should We Care?, Theodore Eisenberg, Charlotte Lanvers
Cornell Law Faculty Publications
After establishing the importance of knowledge of settlement rates, this article first shows that different research questions can yield different settlement rates. Using data gathered from about 3,300 federal cases in the Eastern District of Pennsylvania (EDPA) and the Northern District of Georgia (NDGA), differing measures of settlement emerge depending on whether one is interested in (1) settlement as a proxy for plaintiffs’ litigation success, or (2) settlement as a measure of litigated disputes resolved without final adjudication. Using settlement as a proxy for plaintiff success, we estimate the aggregate settlement rate across case categories in the two districts to …
Sealed Documents To Prevent “Perfectly Legitimate” Review And Dissemination Of Privileged Confidential Information, Bridget Hoy, Dana M. Malkus
Sealed Documents To Prevent “Perfectly Legitimate” Review And Dissemination Of Privileged Confidential Information, Bridget Hoy, Dana M. Malkus
All Faculty Scholarship
A recent federal district court case serves as a reminder that when filing documents through an electronic filing system, the information contained in the documents is immediately available to anyone “through perfectly legitimate means: by reading a public filing.” The January 6, 2009 opinion in E-Smart Technologies, Inc., et al. v. Wayne Drizin, et al., 2009 U.S. Dist. LEXIS 272 (N.D. Ca Jan. 6, 2009), demonstrates that when caution is not taken at the onset to seal documents that contain privileged or confidential information, there might be little recourse for immediate distribution of information that one might later determine …
Negligence Per Se And Res Ipsa Loquitur: Kissing Cousins, Aaron D. Twerski
Negligence Per Se And Res Ipsa Loquitur: Kissing Cousins, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Federal Criminal Litigation In 20/20 Vision, Susan Herman
Federal Criminal Litigation In 20/20 Vision, Susan Herman
Faculty Scholarship
No abstract provided.
The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander
The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander
Faculty Working Papers
In Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, the Supreme Court recognized the right of an individual to sue federal government officials for a violation of constitutional rights. Drawing on interviews with some of the participants, including Webster Bivens himself and one of the agents who conducted the search, this chapter in the forthcoming book Federal Courts' Stories describes the events that led to the litigation and the complex array of factors that informed the Court's approach to the case. After placing the Bivens decision in context, the chapter evaluates the competing narratives that have grown …
Power, Protocol And Practicality: Communications From The District Court During An Appeal, Catherine T. Struve
Power, Protocol And Practicality: Communications From The District Court During An Appeal, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Developments In Connecticut Criminal Law: 2008, Timothy Everett
Developments In Connecticut Criminal Law: 2008, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise
Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise
Cornell Law Faculty Publications
Although few dispute the appellate process's centrality to justice systems, especially in the criminal context, debates over rationales supporting the appellate process's vaunted status in adjudication systems persist. Clearly, it is difficult to overestimate error correction as a justification for an appellate system. Of course, other rationales, such as a desire for lawmaking and legitimacy, also support the inclusion of a mechanism for appellate review in an adjudication system.
Though comparative latecomers, appellate courts are now ubiquitous in the American legal landscape—appellate review exists in state and federal systems for criminal convictions. Despite general agreement and widespread understanding that access …
I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah A. Ho
Faculty Publications
This Article will demonstrate that, despite efforts to recognize SLAPPs and to safeguard our legal process from abuses, SLAPP suits and their underlying interference with the legitimate exercise of the right to petition can often engender new ways of creeping back onto the legal stage to wreak havoc on the private citizen - that the devious, shape-shifting Big Bad Wolf of First Amendment rights can return to reprise its role as the subversive villain and to trot unsuspecting litigants out to slaughter. After an introduction into the general world of SLAPPs and the specific history behind California's section 425.16, this …
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
Faculty Scholarship
Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There is a generally held understanding of the dispute resolution processes. The essence of private dispute resolution is that the parties can arrange the disputed rights and entitlements per agreement and without judicial intervention. In public adjudication, however, the sovereign mandates the substantive and procedural laws to be applied, many of which cannot be changed by either a party’s unilateral decision or both parties’ mutual consent. Neither approach allows a party an option to unilaterally alter important aspects of the process, such as the standards of …
Employment Discrimination Plaintiffs In Federal Court: From Bad To Worse?, Kevin M. Clermont, Stewart J. Schwab
Employment Discrimination Plaintiffs In Federal Court: From Bad To Worse?, Kevin M. Clermont, Stewart J. Schwab
Cornell Law Faculty Publications
This Article utilizes the Administrative Office's data to convey the realities of federal employment discrimination litigation. Litigants in these "jobs" cases appeal more often than other litigants, with the defendants doing far better on those appeals than the plaintiffs. These troublesome facts help explain why today fewer plaintiffs are undertaking the frustrating route into federal district court, where plaintiffs must pursue their claims relatively often all the way through trial and where at both pretrial and trial these plaintiffs lose unusually often.
Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed
Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed
Cornell Law Faculty Publications
Reconceptualizing Human Rights To Challenge Tobacco, Rangita De Silva De Alwis, Richard Daynard
Reconceptualizing Human Rights To Challenge Tobacco, Rangita De Silva De Alwis, Richard Daynard
All Faculty Scholarship
No abstract provided.
Courting Trouble: Litigation, High-Stakes Testing, And Education Policy, Michael R. Heise
Courting Trouble: Litigation, High-Stakes Testing, And Education Policy, Michael R. Heise
Cornell Law Faculty Publications
High-stakes testing policies did not emerge in an education policy vacuum. Part I of this Article includes a brief description of the major high-stakes tests and their policy rationales. Part II surveys recent litigation challenging one distinct genre of high-stakes testing-high school exit exams. Two cases illustrate courts' current posture toward legal challenges of exit exams. Part III reviews evidence of courts' increased sensitivity to the policy consequences attributable to court decisions that interfere with the implementation of exit exams. Part IV concludes and notes the important normative questions raised by judges' concerns with policy consequences flowing from their decisions.
My Lawyer Told Me To Say I'M Sorry: Lawyers, Doctors, And Medical Apologies, Peter B. Knapp
My Lawyer Told Me To Say I'M Sorry: Lawyers, Doctors, And Medical Apologies, Peter B. Knapp
Faculty Scholarship
The role of apologies in litigation has received a great deal of attention in the last ten years. This is particularly true of “medical apologies,” those expressions of regret and, in some cases, admissions of responsibility made by health care professionals. Two recent trends have prompted examination of medical apologies. First, widely reported empirical studies suggest that patients and their families may be less likely to bring malpractice lawsuits following adverse outcomes if treating physicians have apologized. Second, over about the past ten years, two-thirds of the states have adopted statutes that exclude these apologies from evidence if there is …
The European Magnet And The U.S. Centrifuge: Ten Selected Private International Law Developments Of 2008, Ronald A. Brand
The European Magnet And The U.S. Centrifuge: Ten Selected Private International Law Developments Of 2008, Ronald A. Brand
Articles
This article considers ten developments in private international law that occurred in 2008. In doing so, it focuses on the way in which these developments demonstrate a parallel convergence of power for private international in the institutions of the European Community and dispersal of power for private international law in the United States. This process carries with it important implications for the future roles of both the European Union and the United States in the multilateral development of rules of private international law, with the EU moving toward an enhanced leadership role and the United States restricting its own ability …