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Articles 1 - 7 of 7
Full-Text Articles in Law
The Burdens Of Qualified Immunity: Summary Judgment And The Role Of Facts In Constitutional Tort Law , Alan K. Chen
The Burdens Of Qualified Immunity: Summary Judgment And The Role Of Facts In Constitutional Tort Law , Alan K. Chen
American University Law Review
No abstract provided.
San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress
San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress
Native American Water Rights Settlement Project
Federal Legislation: Department of the Interior, General Provisions - San Carlos Apache Tribe Amendments to Act of 1992, Chapter 5 of Emergency Supplemental Appropriations For Recovery From Natural Disasters, And For Overseas Peacekeeping Efforts, Including Those In Bosnia, PL 105-18, 111 Stat. 158, 181-187 (Jun. 12, 1997). Parties: US & San Carlos Apache Tribe. 1992 Settlement Act amended 3711 to move deadline to Mar. 31, 1999 & effect on deadline of submission of a proposed Settlement Agreement to Gila Adjudication court; and addition of certain parties & definitions to the 1992 Settlement Agreement. The provisions address the transfer of the …
The New "Pick-Your-Own" Statutes: Delineating Limited Immunity From Tort Liability, Terence J. Centner
The New "Pick-Your-Own" Statutes: Delineating Limited Immunity From Tort Liability, Terence J. Centner
University of Michigan Journal of Law Reform
Over the past several years, state legislatures have been asked to provide immunity from liability for members of certain interest groups including providers of horses, risky sport activities, and "pick-your-own" produce. This Article reports on statutory provisions providing tort immunity for producers who allow the public to come onto their property to harvest crops. Provisions allowing profit-making businesses to qualify for tort immunity are not new, but the expansion to cover pick-your-own operators signifies a significant policy change regarding personal liability. The pick-your-own provisions may indicate a policy shift imposing greater responsibility for persons engaging in activities to use care …
Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe
Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe
Native American Water Rights Settlement Project
Settlement - State Legislation: There is no stand alone settlement agreement: Water Rights Compact - MT, Chippewa-Cree Tribe of Rocky Boy's Reservation & US of 1997 (MCA 85-20-601) This Compact arose out of a MT state court water rights adjudication. It serves both as settlement agreement and state legislation. The Compact sets forth the Tribe’s rights and involve Stoneman Reservoir, East Fork Reservoir, Gravel Coulee, Lower Big Sandy Creek, Ancestral Missouri River Channel Aquifer, Box Elder Creek, Beaver Creek, Camp Creek, Duck Creek, Gorman Creek, Lake Elwell, Bonneau Reservoir, Brown’s Reservoir, and new impoundments. It identifies rights in groundwater and …
Altering The Balance Between State Sovereignty And Competition: The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Altering The Balance Between State Sovereignty And Competition: The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Journal Articles
In the post-Seminole Tribe world, the legal analysis in situations where states have chosen regulation over competition, supplanting the free functioning of markets, will diverge depending upon the identity of the defendant. If a state, its agencies, or departments are the named defendants, the broader Eleventh Amendment analysis controls and claims for damages against government entities must be dismissed on the ground of sovereign immunity. If the defendant is a private firm, the narrower State Action Doctrine, which has been crafted to balance true exercise of state sovereignty against the goal of competition, provides immunity for private defendants. As …
Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Journal Articles
The great impact of the Seminole Tribe v. Florida decision will likely be felt in the range of federal causes of action that have exclusive remedies in federal court. Antitrust cases are among such causes of action. In seeking to avoid antitrust liability, defendants have invoked the protections of the antitrust state action doctrine, which immunizes only that anticompetitive activity imposed and supervised by states. This immunity bars suits against state and private actors alike. After Seminole Tribe, state defendants will escape all antitrust liability, whether or not the traditional requirements of the state action doctrine have been met. …
Suspending The Rule Of Law - Temporary Immunity As Violative Of Montesquieu's Republican Virtue As Embodied In George Washington, Joseph P. Rodgers
Suspending The Rule Of Law - Temporary Immunity As Violative Of Montesquieu's Republican Virtue As Embodied In George Washington, Joseph P. Rodgers
Cleveland State Law Review
This Note offers a somewhat unique perspective on the notion of clemency. This inquiry contemplates the merit of temporary immunity from civil suits for acts which eventuated outside the scope of one's official responsibilities and argues that such an unprecedented expansion of civil immunity is antithetical to Montesquieu's conception of public virtue as evinced in The Spirit of Laws. This Note also reflects on the iconic role of Washington at the Constitutional Convention as emblematic of quintessential republican virtue. Part II briefly traces the evolution of absolute, qualified, and temporary immunity from an historical perspective. Part III acclimates the reader …