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Colorado Ute Indian Water Rights Final Settlement Agreement Of Dec. 19, 1986, State Of Colorado, Ute Mountain Ute Indian Tribe, Southern Ute Indian Tribe, United States Department Of The Interior, United States Department Of Justice, Animas-La Plata Water Conservancy District, Dolores Water Conservancy District, Florida Water Conservancy District, Mancos Water Conservancy District, Southwestern Water Conservation District, City Of Durango, Town Of Pagosa Springs, Florida Farmers Ditch Company, Florida Canal Company, Fairfield Communities, Inc.

Native American Water Rights Settlement Project

Settlement Agreement: The Colorado Ute Indian Water Rights Final Settlement Agreement (Dec. 10, 1986) The Ute Mountain Tribe is entitled to: water from the Dolores Project for municipal/industrial, irrigation and fish/wildlife purposes & development with a priority date of 1868. Repayment of construction costs allocable to irrigation purposes shall be deferred; water from the Animas-La Plata Project for municipal/ industrial and for irrigation with a priority date of 1868; water from the Mancos River for irrigation; water from the Navajo Wash for irrigation; and water from the San Juan River. The Southern Ute Tribe is entitled to: water from the …

Government Responsibility For Constitutional Torts, Christina B. Whitman

Articles

This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …

Deceptive Negotiating And High-Toned Morality, Walter W. Steele, Jr.

Vanderbilt Law Review

Rising concern about the adequacy of the adversary system to deal with disputes quickly, fairly, and economically has led to increased interest in a broad range of alternate dispute resolution mechanisms such as arbitration and the use of mini-trials. Presently, however, negotiation between disputants or negotiation between counsel for disputants is the best understood and most often utilized alternative to litigation. In fact, negotiating prior to litigating is so pervasive that it might be thought of as an inherent part of the litigation process. From a lawyer's perspective, an advantage of negotiation over other forms of dispute resolution is that …

The Development Of Entrapment Law, Paul Marcus

Faculty Publications

No abstract provided.

Rico: Limiting Suits By Altering The Pattern, Edward Lee Isler

William & Mary Law Review

No abstract provided.

No Pain—No Gain—Should Personal Injury Damages Keep Their Tax Exempt Status, Douglas K. Chapman

University of Arkansas at Little Rock Law Review

No abstract provided.

On The Exclusivity Of The Hague Evidence Convention, John M. Rogers

Law Faculty Scholarly Articles

As the world grows smaller and nations become more interdependent, the likelihood that litigation will involve foreign property, parties, or activities increases tremendously. To prepare and conduct such litigation, the lawyer may need to obtain information "located" in a foreign jurisdiction: a person located abroad may know the information; documents located abroad may contain the information; or the information may describe conditions or property located abroad. The question of when relatively burdensome, internationally-approved methods of obtaining such information must be used thus becomes more and more important.

Consider a product liability suit for damages in the United States arising from …

Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson

Vanderbilt Law Review

Technical witnesses have revolutionized the American lawsuit. Advertisements in litigation periodicals bear witness to the broad range of courtroom expert testimony available to the trial bar. A specialist in airplane pilot error places an advertisement on the same page with an advertiser who is eminently qualified to provide expert testimony in churning securities litigation."' Also included are obscenity experts for criminal cases as well as a timber products specialist with "global experience in accidents and related cases," who claims, "more than 30 years experience with wood utility poles."' Within the category of timber and woods there are other experts as …

Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.

Letter Of Credit Litigation - Bank Liability For Punitive Damages, Lisa G. Weinberg

Fordham Law Review

No abstract provided.

Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon

Fordham Law Review

No abstract provided.

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …

Bite Mark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch

St. Mary's Law Journal

Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …

The Development Of Professional Judgment In Law School Litigation Courses: The Concepts Of Trial Theory And Theme, Edward J. Imwinkelried

Vanderbilt Law Review

I was delighted when the Vanderbilt Law Review asked me to submit a short essay on trial advocacy. This Essay allows me to discuss two concepts, the trial theory and theme, that should be highlighted in every law school litigation course. Several years ago I wrote a text on commercial litigation for practitioners. That text proposed definitions for the concepts of "theory" and "theme"and suggested that trial attorneys organize their pretrial preparation and trial presentation in terms of those concepts. Since the publication of the text, I have attempted to refine the concepts and to use the concepts to restructure …

Re-Examination Of Litigation Trends In The United States: Galanter Reconsidered, A, Kenyon D. Bunch, Richard J. Hardy

Journal of Dispute Resolution

The general commentary on recent litigation patterns in the United States depicts a worrisome, and occasionally panicked, scenario often called the "litigation explosion."' The commentaries characteristically direct attention to a supposed "epidemic of hair-trigger suing" burying the courts under an "avalanche" of civil actions. 2 Moreover, judicial scholars proffer a myriad of purported explanations for the alleged prodigious growth in the number of civil lawsuits. The common theme throughout these explanations is that changes or disruptions in our social, economic, political-legal environments have caused Americans to become a contentious and overly-litigious people.

A Uniform Rule Governing The Admission And Practice Of Attorneys Before United States District Courts, Michael S. Ariens

Faculty Articles

The increase in the interstate and international practice of law necessitates a review of the rules governing the admission of attorneys to practice before federal district courts. By virtue of the sweep of their jurisdictional net, federal district courts are likely to be the fora for litigating most interstate or international disputes. The present rules, based upon the antiquated notion that lawyers only rarely practice law in federal district court, and then only in the federal district court located in the state in which they practice, do not address this change in the practice of law.

For these reasons, a …