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Articles 1 - 9 of 9
Full-Text Articles in Law
San Luis Rey Indian Water Rights Settlement Act Of 1988, Amendment Of Oct. 14, 1998, United States 105th Congress
San Luis Rey Indian Water Rights Settlement Act Of 1988, Amendment Of Oct. 14, 1998, United States 105th Congress
Native American Water Rights Settlement Project
Federal Legislation: San Luis Rey Indian Water Rights Settlement Act Amendment, PL 105-256, 112 Stat. 1896, 1899 (Oct. 14, 1998). Parties: La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, US. San Luis Rey Indian Water Rights Settlement Act, Sec. 105(c) is amended to authorize disbursement of a total of $8M, of which $1.6M will go to each of the Bands, from the interest income which has accrued to the Fund. The disbursed funds shall be invested or used for economic development of the Bands. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]
1998 Amendment To Jicarilla Apache Tribe Water Rights Settlement Act Of 1992, United States 105th Congress
1998 Amendment To Jicarilla Apache Tribe Water Rights Settlement Act Of 1992, United States 105th Congress
Native American Water Rights Settlement Project
Federal Legislation: Act of October 14, 1998 - Sec. 10. Making technical amendments in laws for Native Americans and for other purposes, PL 105-256, §10| 112 Stat. 1896. Parties: Jicarilla Apache Nation and US. Amends Jicarilla Settlement Act, Section 8(e)(3) to move the adjudication decree deadline from December 31, 1998 to December 31, 2000. It also approves the December 8, 1992 Settlement Contract between the Nation and the US. Related to rights in the Rio Chama & San Juan drainages. [source http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]
Conflicting Ideologies Of Group Litigation: Who May Challenge Settlements In Class Actions And Derivative Suits?, Susanna Ripken
Conflicting Ideologies Of Group Litigation: Who May Challenge Settlements In Class Actions And Derivative Suits?, Susanna Ripken
Susanna K. Ripken
The article discusses the rights of unnamed class members in class actions and shareholders in corporate derivative suits to appeal court orders approving the settlement of their claims. As representative actions, class actions and derivative suits by definition necessarily determine the rights and duties of absent parties. Unnamed class members and shareholders must rely on the named plaintiff representative to protect their interests, especially when the case is settled prior to a judgment on the merits. The federal courts are sharply divided over the question whether absent parties who are dissatisfied with the class action or derivative suit settlement may …
Tobacco Litigation's Third Wave: Has Justice Gone Up In Smoke?, David A. Hyman
Tobacco Litigation's Third Wave: Has Justice Gone Up In Smoke?, David A. Hyman
Faculty Scholarship
No abstract provided.
A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang
A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang
Publications
Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all irreversible …
Symposium, The Florida Tobacco Litigation -- Fact, Law, Policy, And Significance, Jeffrey W. Stempel
Symposium, The Florida Tobacco Litigation -- Fact, Law, Policy, And Significance, Jeffrey W. Stempel
Scholarly Works
This is the transcript of the Florida tobacco litigation symposium, discussing the s$11.3 billion settlement concerning tobacco in the state of Florida. Jeffrey W. Stempel served as co-chair and moderator of the symposium.
Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel
Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel
Scholarly Works
Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …
Transforming Punishment Into Compensation: In The Shadow Of Punitive Damages, Tom Baker
Transforming Punishment Into Compensation: In The Shadow Of Punitive Damages, Tom Baker
All Faculty Scholarship
No abstract provided.
Mass Tort Litigation And Inquisitorial Justice, Howard M. Erichson
Mass Tort Litigation And Inquisitorial Justice, Howard M. Erichson
Faculty Scholarship
In the past decade, settlement class actions have become increasingly popular in mass tort litigation, having been used successfully in cases such as the Dalkon Shield litigation, the Bjork-Shiley heart valve litigation, and the orthopedic bone screw litigation. Although the Supreme Court's opinion in Amchem has engendered some confusion over the continued viability of mass tort settlement class actions, it appears that such settlements remain a dominant approach to resolving mass tort lawsuits. With increasing frequency, plaintiffs and defendants come to court holding hands, and courts must launch their own vigorous inquiries into the merits of the parties' proffered settlement. …