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Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement (negotiations assistance) Act of 2004, Title IV of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. Certain provisions in Titles I-III relate to water for the Tribe if settlement is reached and other matters. This Act provides funding for the San Carlos Apache Tribe Water Rights Settlement negotiations. For three years, the DOI Secretary shall submit an annual report to Congress describing the status of efforts to negotiate an agreement covering the Gila River water rights with Tribe. …

Az Water Rights Settlement Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Central AZ Project Settlement of 2004 - (Sec. 103) Parties: Tohono O'Odham Tribe & US Sets forth general permissible uses of the Central AZ Project (CAP), including for domestic, municipal, fish and wildlife, and industrial purposes. The DOI Secretary will reallocate 197,500 acre-feet of agricultural priority water made available pursuant to the AZ Water Settlement for use by AZ Indian tribes, of which: (1) 102,000 acre-feet shall be reallocated to the Gila River Indian Community; (2) 28,200 acre-feet shall be reallocated to the Tohono O'odham Nation (formerly the Papago Tribe); and (3) 67,300 acre-feet shall be reallocated to …

Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney

The Ohio State University Moritz College of Law Working Paper Series

This article contributes to an ongoing debate about the feasibility and desireability of measuring the "merit" of appellate judges--and their consequent Supreme Court potential--by using objective performance variables. Relying on the provocative and controversial "tournament criteria" proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the "Supreme Court potential" of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two men's careers on the …

Az Water Rights Settlement Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: White Mountain Apache Tribe Water Rights Settlement Assistance Provisions of 2004, Sec. 403 of AZ Water Settlement of 2004, PL 108-451, 118 Stat. 3478, 3573 (Dec. 10, 2004) Parties: San Carlos Apache Tribe & US. WHITE MOUNTAIN APACHE TRIBE.—The Section authorizes an appropriation to assist the White Mountain Apache Tribe in completing comprehensive water resources negotiations leading to a comprehensive water settlement for the Tribe, including soil and water technical analyses, legal, paralegal, and other related efforts, $150,000 for fiscal year 2006. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-108publ451/pdf/PLAW-108publ451.pdf]

Quality Improvement In Maryland: Partnerships And Progress, Judith D. Moore, Lisa Sprague

National Health Policy Forum

This one-and-a-half-day site visit to Easton, Maryland, explored the activities of the Delmarva Foundation, the Quality Improvement Organization (QIO) for Maryland and the District of Columbia. The program reviewed Delmarva’s responsibilities under their Medicare contract and the initiatives they have undertaken with hospitals and other providers to improve health care outcomes and to define, collect, and report quality data. Local hospital officials added their perspective on quality programs and working with Delmarva. Topics of particular interest were health information technology, patient safety, and quality reporting both to government agencies and to consumers.

Nez Perce Tribe - Snake River Water Rights Act Of 2004, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: TITLE X--Snake River Water Rights Act of 2004, Consolidated Appropriations Act of 2005 PL 108-447, 118 Stat. 2809 (Dec. 8, 2004). Parties: Nez Perce Tribe, US, ID. The Agreement or "Mediator's Term Sheet" was entered in on April 20, 2004 and resolves the Nez Perce Tribe's water rights claimed in the Snake River Basin adjudication in Idaho.

Copyright Law And Digital Millennium Copyright Act, Neda Ballard Panula

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

Vol. 27, No. 14 (December 6, 2004)

Indiana Law Annotated

No abstract provided.

Brief Of Keith N. Hylton As Amicus Curiae In Support Of Petitioners In Greg Johnson, Et Al. V. Ford Motor Company, Keith N. Hylton

Faculty Scholarship

This Court last addressed the legal framework for setting the amount of punitive damages in Adams v. Murakami (1991) 54 Cal.3d 105. In Adams, this Court declined to reach the argument advanced by the Association for California Tort Reform advocating “the profitability of the defendant’s misconduct” as the appropriate financial measure in fixing punitive damages. Id. at 116 n.7. For this argument to be advanced by such a pro-defendant trade association is hardly an anomaly. It appears typical, evidently based on the sensible assumption that in the setting of punitive damages, a focus on a defendant’s illicit profits will frequently …

Bear Child V. Siyeh Dev, Inc., 2004 Ca 15 (Blkft. Ct., December 3, 2004), Blackfeet Tribal Court

Court Decisions

In the Blackfeet Tribal Court, in a personal injury tort claim by Bear Child (“Plaintiff”) against Siyeh Development inc, the Blackfeet Tribe, First American Insurance Group, and five separate John Does (collectively “Defendants”), the Court denied a motion to dismiss the claim on the grounds of sovereign immunity. The claim arose from a fall in one of the Tribe’s Bingo halls/casinos.

Defendants cited Oklahoma v. Manufacturing Technologies, 532 U.S. 751, stating that “Indian tribes enjoy sovereign immunity from civil suits on contracts whether those contracts involve governmental or commercial activities... a tribe is subject to suit only where Congress has …

Bear Child V. Siyeh Development, Inc., 2004 Ca 15 (Blkft. Tr. Ct., Dec. 3, 2004), Blackfeet Tribal Court

Court Decisions

Bear Child, a member of the Blackfeet Tribe, was injured in a fall at one of the Tribe’s casino/bingo halls. Bear Child filed a personal injury suit against the Tribe, the Siyeh corporation which runs the casino/bingo hall, and First Americans Insurance, Siyeh’s insurer. The defendants moved to dismiss the case on the grounds of sovereign immunity. Siyeh argued that it is a department of the Tribe, entitling it to sovereign immunity. The Trial Court was unpersuaded by the defendants’ arguments for sovereign immunity. The Court held that the Tribe was acting in its corporate, not governmental capacity in relation …

Brief Amicus Curiae Of Professors David L. Callies, James T. Ely, Paula A. Franzese, Nicole Stelle Garnett, James E. Krier, Daniel R. Mandelker, John Copeland Nagle, John Nolon, J.B. Ruhl, Shelley Ross Saxer, A. Dan Tarlock, Laura Underkuffler, And Edward F. Ziegler In Support Of Petitioners, David L. Callies, Nicole Stelle Garnett, John Copeland Nagle

Court Briefs

No. 04-108
Susette Kelo v. City of New London

On Writ Of Certiorari To The Supreme Court of Connecticut

From the Summary of Argument

The Connecticut Supreme Court's decision was in keeping with Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984), which provides that legislative assertions of public use should be subjected to rational basis review. The application of such broadly deferential review in public use cases is inappropriate. Application of rational basis review to the exercise of eminent domain in cases such as this effectively eviscerates the Fifth Amendment's public use limitation. Moreover, lower courts' responses to …

The Potential Effects Of The Trans-Atlantic Common Aviation Area On Shannon Airport, Ireland, Daniel James Centilli

Honors Theses

The Trans-Atlantic Aviation Area is a proposed liberalization of the air services agreements known as bilateral agreements between the United States of America and the member states of the European Union. The new agreement would replace the restrictive bilateral and Open Skies bilateral agreements between the United States and the EU with a single comprehensive agreement. The emergence of true open skies between the US and EU creates many economic opportunities and some economic threats. One such threat is the situation faced by the Shannon Airport, Ireland. Under the current US/Ireland bilateral, Shannon's existence is protected by requiring US carriers …

The Economics Of Limited Liability: An Empirical Study Of New York Law Firms, Scott Baker, Kimberly D. Krawiec

ExpressO

Since the rapid rise in organizational forms for business associations, academics and practitioners have sought to explain the choice of form rationale. Each form contains its own set of default rules that inevitably get factored into this decision, including the extent to which each individual firm owner will be held personally liable for the collective debts and obligations of the firm. The significance of the differences in these default rules continues to be debated. Many commentators have advanced theories, most notably those based on unlimited liability, profit-sharing, and illiquidity, asserting that the partnership form provides efficiency benefits that outweigh any …

The Forum (Volume 35, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Reparations And Unjust Enrichment, Emily Sherwin

Cornell Law Faculty Publications

Despite an initial appearance of superior doctrinal fit, restitution is not an appropriate vehicle for reparations claims based on slavery and similar large-scale historical injustices. The justifying principle behind restitution—prevention of unjust enrichment—lacks the moral force necessary to resolve a controversial public dispute about moral rights and obligations among segments of society. At its core, a claim to restitution is an attempt to right a wrong not by alleviating the adverse consequences to oneself, but by diminishing the position of others. In other words, the notion of unjust enrichment is a comparative idea that draws on resentment and the desire …

Preferences For Processes: The Process/Product Distinction And The Regulation Of Consumer Choice, Douglas A. Kysar

Cornell Law Faculty Publications

This Article examines a conceptual distinction between product-related information (such as whether a consumer good threatens to harm its user) and process-related information (such as whether a good’s production harmed workers, animals, or the environment) that has appeared in various guises within international trade law; domestic environmental, health, and safety regulation; and constitutional commercial speech jurisprudence. This process/product distinction tends to dismiss information concerning processes as unworthy of attention from consumers or regulators, at least so long as the processes at issue do not manifest themselves in the physical or compositional characteristics of resulting end products. Proponents have offered the …

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

North Carolina In The Post White Decision World: Where We Are, How We Got There, And Where To Go Next, J. Christopher Heagarty

First Amendment Law Review

No abstract provided.

Felony Tax Evasion Under I.R.C. § 7201, Vishal Amin

Law Library Student-Authored Works

No abstract provided.

Georgia Condominium And Community Association Law: A Research Guide, Jed Morton

Law Library Student-Authored Works

No abstract provided.

Vol. 3, No. 01 (December 2004)

Indiana Law Update

No abstract provided.

An Essay On The Right Of Judges And Judicial Candidates To Freedom Of Speech, Robert F. Orr

First Amendment Law Review

No abstract provided.

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Davey And The Limits Of Equality, Laura S. Underkuffler

Tulsa Law Review

No abstract provided.

Of Government Funding, Religious Institutions, And Neutrality: Seeing The Charitable-Choice Debate Through The Lens Of Arrow's Impossibility Theorem, Christopher C. Lund

Tulsa Law Review

No abstract provided.

Locke V. Davey In Historical Perspective: A Brief Introduction, Paul Finkelman, Carol A. Hudson

Tulsa Law Review

No abstract provided.

Help Is On The Way, Gail A. Partin, Mary Ann Neary, Jennifer Murray

Faculty Scholarly Works

No abstract provided.

Human Rights, Sovereignty, And The Final Status Of Kosovo , Bartram S. Brown

Chicago-Kent Law Review

The final political status of Kosovo is ultimately a human rights issue, and a just and viable solution must balance the sovereignty and territorial integrity of Serbia with the human rights of Kosovar Albanians. A century ago Woodrow Wilson publicly endorsed self-determination as a fundamental principle linked to the equal rights of all peoples. Today it is broadly accepted as one of the essential principles of contemporary international law. Despite this exalted normative status, the principle of self-determination is limited by its inherent ambiguities.

Self-determination is a group right, to be exercised only by peoples, but there is no clear …