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- Law Faculty Scholarly Articles (5)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (4)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (4)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (3)
- School of Law Conferences, Lectures & Events (3)
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- Articles (2)
- Faculty Publications (2)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (2)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (2)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (2)
- Scholarly Works (2)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (2)
- A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27) (1)
- Air Quality Impacts from Oil and Gas Development (January 27) (1)
- Best Practices for Community and Environmental Protection (October 14) (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8) (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
- Faculty Articles and Other Publications (1)
- Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10) (1)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (1)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (1)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (1)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (1)
- Publications (1)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (1)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (1)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (1)
Articles 1 - 30 of 59
Full-Text Articles in Law
25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law
25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha
23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha
School of Law Conferences, Lectures & Events
No abstract provided.
Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle
Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Anne J. Castle, Stanford Woods Institute for the Environment
40 slides
Slides: Restoring The Acequias: Fixing What Wasn't Broken, Will Davidson
Slides: Restoring The Acequias: Fixing What Wasn't Broken, Will Davidson
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Will Davidson, Acequia Assistance Project
26 slides
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Law Faculty Scholarly Articles
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)
On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …
Slides: Air Monitoring And Litigation Update, John Jacus
Slides: Air Monitoring And Litigation Update, John Jacus
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities
23 slides
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law
9 slides
Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn
Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Eric Kuhn, Colorado River Water Conservation District
15 slides
Slides: Thinking The Unthinkable, Lawrence J. Macdonnell
Slides: Thinking The Unthinkable, Lawrence J. Macdonnell
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Lawrence J. MacDonnell, University of Wyoming College of Law
7 slides
Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy
Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
4 pages.
Press release "April 14, 2011"
"Executive Summary April 2011" of report, Thinking Like a River Basin: Leaders' Perspectives on Options and Opportunities in Colorado River Management
Full report available at:
http://www.carpediemwest.org/wp-content/uploads/Thinking_Like_A_River_Basin_8-20-13.pdf
State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries
State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries
Law Faculty Scholarly Articles
This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights held …
State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries
State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries
Law Faculty Scholarly Articles
As to education, the Louisiana Constitution contains the familiar general mandate for the establishment of a public school system, now ubiquitous among state constitutions. But unlike the founding documents of any of the other states, Louisiana's constitution also provides for a very specific process-based allocation of the responsibilities for determining appropriations levels in education from year to year.
It is well-known that state constitutions often treat numerous—sometimes trivial—subjects, or contain provisions that seem hyper-specific and statutory, rather than foundational and constitutional, and state constitutions have been roundly criticized (and sometimes defended) for these features. In this Article, I argue that …
Slides: Engaging Stakeholders, Duane Zavadil
Slides: Engaging Stakeholders, Duane Zavadil
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Duane Zavadil, Bill Barrett Corporation
5 slides
Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch
Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch
Best Practices for Community and Environmental Protection (October 14)
Presenter: Peggy Utesch, Movin' Forward Consulting
25 slides
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO
14 slides
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 …
The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle
The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"John Nagle, Univ. of Notre Dame Law School" -- Agenda
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
22 slides
Florida’S Past And Future Roles In Education Finance Reform Litigation, Scott R. Bauries
Florida’S Past And Future Roles In Education Finance Reform Litigation, Scott R. Bauries
Law Faculty Scholarly Articles
In federalist parlance, the states often are called laboratories of democracy. Nowhere is this truer than in the field of education, and almost no subset of the education field lends itself to this label more than education finance. Since 1973, with very few notable exceptions, the entire development of the practice of education finance has proceeded through state-specific reforms. These reforms have occurred mostly through legislative policymaking, but the courts have played an important role in directing that policy development.
If one were to seek to observe one of these laboratories in action—to witness the interaction of the courts, the …
Agenda: Hard Times On The Colorado River: Drought, Growth And The Future Of The Compact, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program), Colorado Water Conservation Board, Center For Advanced Decision Support For Water And Environmental Systems, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation For Water Education, Patrick, Miller & Kropf, P.C., William & Flora Hewlett Foundation
Agenda: Hard Times On The Colorado River: Drought, Growth And The Future Of The Compact, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program), Colorado Water Conservation Board, Center For Advanced Decision Support For Water And Environmental Systems, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation For Water Education, Patrick, Miller & Kropf, P.C., William & Flora Hewlett Foundation
Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)
Sponsors and Contributors: Colorado Water Conservation Board, Center for Advanced Decision Support for Water and Environmental Systems, Western Water Assessment, CU-CIRES/NOAA, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation for Water Education, Patrick, Miller & Kropf, P.C., William and Flora Hewlett Foundation.
The Colorado River is approaching a crossroads. For the first time in its history, satisfying water demands in one state may require curtailing legally-recognized uses in another. This is not the first instance of water shortages in the region, and conflict among the seven Colorado River states is certainly not new. But the potential shortages on …
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Tender Offers By Controlling Shareholders: The Specter Of Coercion And Fair Price, Adam C. Pritchard
Tender Offers By Controlling Shareholders: The Specter Of Coercion And Fair Price, Adam C. Pritchard
Articles
Taking your company private has never been so appealing. The collapse of the tech bubble has left many companies whose stock prices bordered on the stratospheric now trading at small fractions of their historical highs. The spate of accounting scandals that followed the bursting of the bubble has taken some of the shine off the aura of being a public company-the glare of the spotlight from stock analysts and the business press looks much less inviting, notwithstanding the monitoring benefits that the spotlight purports to confer. Moreover, the regulatory backlash against those accounting scandals has made the costs of being …
Climate Change And The Rio Grande: Throwing Gasoline On A Fire, Denise Fort
Climate Change And The Rio Grande: Throwing Gasoline On A Fire, Denise Fort
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
4 pages.
"Summary"
"Professor Denise Fort, University of New Mexico School of Law"
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
Law Faculty Scholarly Articles
Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …
Strategies To Facilitate Changes In Water Use, Bonnie G. Colby
Strategies To Facilitate Changes In Water Use, Bonnie G. Colby
Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)
21 pages.
Contains 4 pages of references and 2 pages of endnotes.
The Quiet Demise Of Deference To Custom: Malpractice Law At The Millenium, Philip G. Peters Jr.
The Quiet Demise Of Deference To Custom: Malpractice Law At The Millenium, Philip G. Peters Jr.
Faculty Publications
According to conventional wisdom, tort law allows physicians to set their own standard of care. While defendants in ordinary tort actions are expected to exercise reasonable care under the circumstances, physicians traditionally have needed only to conform to the customs of their peers. However, judicial deference to physician customs is eroding. Gradually, quietly and relentlessly, state courts are withdrawing this legal privilege. Already, a dozen states have expressly rejected deference to medical customs and another nine, although not directly addressing the role of custom, have rephrased their standard of care in terms of the reasonable physician, rather than compliance with …
Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
1 v. (various pagings) : ill., maps, charts ; 29 cm
Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson
Includes bibliographical references
The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.
Conference activities will commence with a free public program cosponsored by the Center of …
The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed
The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
No abstract provided.
Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management
Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
Co-sponsored by the Natural Resources Law Center and the Colorado Bureau of Land Management.
The conference will explore several components of the “promise and peril” of the ongoing outdoor recreation explosion. The conference will begin on the morning of June 8 with a series of introductory presentations designed to place the outdoor recreation movement in a useful historical and socioeconomic context. This material will be followed in the afternoon session by a discussion of environmental impacts of outdoor recreation, recognizing that the diversity and magnitude of impacts is as broad as the industry itself. This discussion will be followed on …