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1989

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Articles 1 - 30 of 59

Full-Text Articles in Law

Urban Air Quality Litigation Under The Clean Air Act: Past, Present And Future, David S. Baron Nov 1989

Urban Air Quality Litigation Under The Clean Air Act: Past, Present And Future, David S. Baron

Air Quality Protection in the West (November 27-28)

20 pages.

Contains footnotes.


Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center Nov 1989

Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Protection in the West (November 27-28)

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.

Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …


Strategies To Overcome Agency Recalcitrance Under The Federal Clean Air Act: The Acid Rain Litigation Experience, David R. Wooley Nov 1989

Strategies To Overcome Agency Recalcitrance Under The Federal Clean Air Act: The Acid Rain Litigation Experience, David R. Wooley

Air Quality Protection in the West (November 27-28)

12 pages.


Transboundary Air Pollution: The Legal Framework, Mark S. Squillace Nov 1989

Transboundary Air Pollution: The Legal Framework, Mark S. Squillace

Air Quality Protection in the West (November 27-28)

12 pages (includes illustrations).

Contains footnotes.


Show Trials In China: The Aftermath Of Tiananmen Square, Mark Findlay Sep 1989

Show Trials In China: The Aftermath Of Tiananmen Square, Mark Findlay

Research Collection Yong Pung How School Of Law

After the military massacre in Tiananmen Square on 4 June it came as no surprise that the nominated 'rioters and counter revolutionaries' would soon be paraded before the courts. Even in the People's Republic of China, where a formal criminal court structure is a comparatively recent addition to the social control framework, the trial process is being employed as an immediate state response to community disjuncture and political challenge.


A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches Jun 1989

A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

32 pages.

Contains references.


Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars Jun 1989

Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

11 pages.

Contains references.


The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston Jun 1989

The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

112 pages (includes illustrations and 1 map).

Contains references.


State Resource Sovereignty In A Post-Sporhase World: The Hueco Bolson, A. Dan Tarlock Jun 1989

State Resource Sovereignty In A Post-Sporhase World: The Hueco Bolson, A. Dan Tarlock

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

30 pages.

Contains references.


Unique Legal Issues Raised By Long Distance Water Transfer Proposals: Etsi, The Columbia River, Nawapa, Ralph W. Johnson Jun 1989

Unique Legal Issues Raised By Long Distance Water Transfer Proposals: Etsi, The Columbia River, Nawapa, Ralph W. Johnson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

12 pages.

Contains references.


Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing Jun 1989

Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

10 pages.


Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson Jun 1989

Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson Jun 1989

The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

38 pages.

Contains references.


Arkansas River Controversy, David W. Robbins Jun 1989

Arkansas River Controversy, David W. Robbins

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages.


Interstate Allocation Of The Platte River, J. David Aiken Jun 1989

Interstate Allocation Of The Platte River, J. David Aiken

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

27 pages.

Contains references.


Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe Jun 1989

Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf Jun 1989

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.


Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita Jun 1989

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.


Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center Jun 1989

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …


A ‘Non-Power’ Looks At Separation Of Powers, Alan B. Morrison Apr 1989

A ‘Non-Power’ Looks At Separation Of Powers, Alan B. Morrison

Philip A. Hart Memorial Lecture

On April 6, 1989, Dean, Alan B. Morrison of George Washington Law, delivered the Georgetown Law Center’s ninth Annual Philip A. Hart Memorial Lecture: "A ‘Non-Power’ Looks at Separation of Powers."

Dean Morrison is the Lerner Family Associate Dean for Public Interest & Public Service at GW Law. He is responsible for creating pro bono opportunities for students, bringing a wide range of public interest programs to the law school, encouraging students to seek positions in the non-profit and government sectors, and assisting students find ways to fund their legal education to make it possible for them to pursue careers …


The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells Apr 1989

The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells

Scholarly Works

The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …


Choosing Judges The Democratic Way, Larry Yackle Mar 1989

Choosing Judges The Democratic Way, Larry Yackle

Faculty Scholarship

A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …


Beyond Parity: Section 1983 And The State Courts, Susan Herman Jan 1989

Beyond Parity: Section 1983 And The State Courts, Susan Herman

Faculty Scholarship

No abstract provided.


Review Of The Supreme Court's 1988-89 Term And Preview Of The 1989-90 Term For The Transnational Practitioner, J. Clark Kelso Jan 1989

Review Of The Supreme Court's 1988-89 Term And Preview Of The 1989-90 Term For The Transnational Practitioner, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.


Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno Jan 1989

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno

Faculty Publications

No abstract provided.


When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal Jan 1989

When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .


Ninth Circuit Resolution Proposing Repeal Of 28 U.S.C. § 1447(D), Roger J. Miner '56 Jan 1989

Ninth Circuit Resolution Proposing Repeal Of 28 U.S.C. § 1447(D), Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.


Testimonial Consistency: The Hobgoblin Of The Federal False Declaration Statute, Sidney Delong Jan 1989

Testimonial Consistency: The Hobgoblin Of The Federal False Declaration Statute, Sidney Delong

Faculty Articles

This article focuses on the inconsistent statement provision of the Federal False Declaration Statute. Part I of this article identifies certain anomalous aspects of perjury that make it particularly difficult to control by threats of punishment. Perjury's resemblance to an innocent mistake creates a risk that criminal sanctions will be misapplied. These sanctions may have counterproductive effects, at times inducing people to commit perjury and at others inhibiting people from correcting inaccurate testimony that they have previously given. Part II demonstrates the way in which the conflict between the goals of deterrence and mitigation is manifested in the federal perjury …


Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin Jan 1989

Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin

Articles & Chapters

No abstract provided.


Are Twelve Heads Better Than One?, Phoebe C. Ellsworth Jan 1989

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Articles

Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …