Law Commons^™

'Takings' Clarified: U.S. Supreme Court Provides Clear Direction, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The United States Supreme Court holding in Lingle v. Chevron U.S.A., Inc. clarified years of takings jurisprudence and overturned a controversial decision in the case of Agins v. City of Tiburon. This article discusses how the Lingle court denounced the “substantially advances” test created in Agins, as a due process inquiry rather than a proper takings test. The Lingle court instead opted to create a clear four-category paradigm for takings cases, which focuses on the burden the government places on private property rights in order to distinguish takings categories.

China’S Wapi Policy: Security Measure Or Trade Protectionism?, Zia K. Cromer

Duke Law & Technology Review

In December of 2003, the Chinese government announced that all WLAN equipment sold in China must conform to a propriety standard called WAPI, rather than the internationally accepted Wi-Fi standard. Moreover, for foreign firms to gain access to WAPI technology, they would need to partner with one of two-dozen Chinese firms designated by the Chinese government. The policy ostensibly grew out of security concerns regarding Wi-Fi, although it is unclear whether WAPI is more secure. Beijing has now indefinitely postponed the implementation of this policy, but WAPI is still relevant. This iBrief argues that WAPI is illustrative of many Chinese …

Re Provincial Health Services Authority And Peiupse, Innis Christie

Innis Christie Collection

Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested pre-hearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused production based mainly on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration estab­lished to deal with …

An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson

Popular Media

This 2005 article from the Weekly Standard criticizes the 2005 Amnesty International report and associated press releases and press conferences referring to the Guantanamo Bay detention facility as an American gulag. It more broadly criticizes the human rights movement for wanting it both ways - on the one hand, using extraordinarily inflammatory rhetoric such as raising the spectre of Soviet death camps, while on the other hand, calling for that very same, apparently deeply criminal regime, the Bush administration, to perform the tasks of human rights enforcement that the human rights movement would like to see performed elsewhere in the …

The Comparative Law And Economics Of Pure Economic Loss, Francesco Parisi, Vernon Valentine Palmer, Mauro Bussani

George Mason University School of Law Working Papers Series

Law and economics shows that a key factor in determining the optimal economic loss rule is found in the relationship between pure economic loss and social loss. Economic loss should be compensable in torts only to the extent that it corresponds to a socially relevant loss. In this paper we undertake a comparative evaluation of the economic loss rule to verify whether modern legal systems, although not formally adopting the economic criterion, define the exclusionary rule in light of efficiency considerations. The comparative analysis reveals that the substantive applications of the economic loss rule in European jurisdictions are consistent with …

Albuquerque Tribune Article: New Era For Troubled Church By Joline Gutierrez Krueger, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.

Slides: Establish True Basin-Wide Institutions: The Return To The River Basin As The Unit Of Management, Charles W. (Chuck) Howe

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Charles Howe, University of Colorado.

13 pages and 10 slides.

Contains references.

Is There A Human Right To Resist Genocide?, David B. Kopel

ExpressO

The genocide in Darfur, Sudan, is perhaps the worst human rights crisis of the new century. This article examines the failures of the international response so far, and offers a solution based on international human rights law.

Conducting an in-depth study of the Darfur genocide, and also discussing other genocides, the Article details the inadequacy of many of the international community's response to genocides, including “targeted sanctions” or international peacekeeping forces.

The Article then examines international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, and demonstrates that groups which …

Slides: The Multi-Species Conservation Program: What It Means For Water Users And The Environment In The Lower Basin, Joe Vanderhorst, Bob Johnson

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Joe Vanderhorst, Metropolitan Water District of Southern California.

Respondent on US-Mexico Issues and Other Lower Basin Matters: Bob Johnson, US Bureau of Reclamation.

26 slides.

New Mexico Water Stake In The Colorado River, Estevan R. Lopez

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Estevan R. Lopez, Interstate Stream Commission, New Mexico.

2 pages.

Slides: "Tightening Water Supplies”: Arizona And The Lower Basin States, Herb Guenther

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Herb Guenther, Arizona Department of Water Resources.

31 slides.

Slides: What Ever Happened To The Soft Landing?: Coping With And Without Surplus Waters, Jan Matusak, Bob Johnson

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Jan Matusak, Metropolitan Water District.

Respondent on US-Mexico Issues and Other Lower Basin Matters: Bob Johnson, US Bureau of Reclamation.

14 slides.

How Does The Cap Water Bank Influence Short-Term And Long-Term Water Supply Vulnerability In The Basin?, Larry R. Dozier, Bob Johnson

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Larry R. Dozier, Central Arizona Project.

Respondent on US-Mexico Issues and Other Lower Basin Matters: Bob Johnson, US Bureau of Reclamation.

6 pages (includes color illustrations).

Slides: Do The Upper Basin States Have Enough Water To Grow?: Is There Enough Water To Go Around?, Don A. Ostler

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Don A. Ostler, Upper Colorado River Commission.

24 slides.

Slides: Statewide Water Supply Initiative And Colorado River Compact Development, Rick Brown

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Rick Brown, Colorado Water Conservation Board.

29 slides.

Slides: Tightening Water Supplies: Key Colorado River Issues For Wyoming, Patrick T. Tyrrell

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Patrick T. Tyrrell, Wyoming State Engineer.

14 slides.

Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard

Nevada Supreme Court Summaries

An appeal challenging a district court decision denying the petition of a trust beneficiary asking for an order surcharging the trustee for breach of fiduciary duty in distributing assets according to court order that the trustee knew was void.

Summary Of State V. Dist. Court (Riker), 121 Nev. Adv. Op. 25, Kimberly Lou

Nevada Supreme Court Summaries

The State of Nevada convicted David Robert Riker (“Riker”) for murder. Riker filed two sets of post-conviction petitions for the writ of habeas corpus—one in 1998 and one in 2004. The district court denied the 1998 petition, but granted the 2004 petition and an evidentiary hearing. The State of Nevada petitioned the Nevada Supreme Court for a writ of mandamus or prohibition arguing that Riker’s habeas corpus claims are procedurally barred and that the district court exceeded its jurisdiction in granting a hearing. The Nevada Supreme Court agreed in part with the State and ordered the district court to apply …

Slides: Flowing Down The Basin: Federal Litigation On The Colorado River, Michael Gheleta

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Michael Gheleta, US Department of Justice.

53 slides.

Slides: Gila River Indian Community Water Settlement, Rodney B. Lewis

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Rodney B. Lewis, Gila River Tribal Attorney.

60 slides.

Agenda: Hard Times On The Colorado River: Drought, Growth And The Future Of The Compact, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program), Colorado Water Conservation Board, Center For Advanced Decision Support For Water And Environmental Systems, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation For Water Education, Patrick, Miller & Kropf, P.C., William & Flora Hewlett Foundation

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Sponsors and Contributors: Colorado Water Conservation Board, Center for Advanced Decision Support for Water and Environmental Systems, Western Water Assessment, CU-CIRES/NOAA, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation for Water Education, Patrick, Miller & Kropf, P.C., William and Flora Hewlett Foundation.

The Colorado River is approaching a crossroads. For the first time in its history, satisfying water demands in one state may require curtailing legally-recognized uses in another. This is not the first instance of water shortages in the region, and conflict among the seven Colorado River states is certainly not new. But the potential shortages on …

History Of Colorado River Law, Development And Use: A Primer And Look Forward, Greg Hobbs, Jr.

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Greg Hobbs, Jr., Colorado Supreme Court.

25 pages.

Contains references.

Slides: Last In Line: Environmental Impacts Of Increased Colorado River Stress And Shortages, Michael Cohen

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Michael Cohen, Pacific Institute.

35 slides and 34 pages (includes color illustrations and map).

2005 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Michael E. Herz, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller

Invocation:

Rabbi Ozer Glickman

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Eliot Spitzer, New York State Attorney General

Alumni Greetings:

Howard Leib, Class of 1983 …

Facilitating Development In The World Trade Organization: A Proposal For The Council For Trade And Development And The Agreement On Development Facilitation (Adf), Y.S. Lee

ExpressO

Facilitating economic development has been an important objective in the World Trade Organization. Nonetheless, WTO rules set significant barriers to development efforts, and this paper advocates an extensive reform of the WTO system and WTO rules to remove these barriers and to better facilitate development

State Of Israel V. Jerusalem Magistrates Court, Dorit Beinisch, Mishael Cheshin, Aharon Barak

Translated Opinions

Facts: The third respondent (‘the respondent’) was indicted in the Jerusalem Magistrates Court for an offence of committing an indecent act. The victim of the alleged offence (‘the complainant’) kept a personal diary and the parts that were relevant to the period during which the complainant and the respondent were acquainted with one another were photocopied and sent to counsel for the respondent.

Counsel for the respondent applied to inspect the whole diary under s. 74 of the Criminal Procedure Law. The Magistrate Court ordered the prosecution to produce the whole diary for inspection by the court, after an ex …

Dying In America - An Examination Of Policies That Deter Adequate End-Of-Life Care In Nursing Homes, Diane E. Hoffmann, Anita J. Tarzian

Faculty Scholarship

This article examines current health care policies and government practices that deter appropriate end-of-life care, focusing on the use of hospice services for dying nursing home patients. The authors conclude that hospice and nursing home regulations, reimbursement for hospice and nursing homes, and enforcement of the fraud and abuse rules collude to “chill” utilization of hospice by nursing homes and result in inadequate end-of-life care for many nursing home patients. They argue that these policies and practices have at their roots a number of questionable assumptions and call for a shift in existing paradigms affecting care to this group and …

Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson

Innis Christie Collection

Grievance by the Union alleging breach of Article 20.1, and any other applicable articles, of the Collective Agreement between the Union and the Employer effective April 1, 2001 - March 31, 2004, which the parties agreed is the Collective Agreement that governs this matter, in that, when Ronald Smith, a Physio Aide, retired the Employer failed to post that position.

Good Faith In The World Of Delaware Corporate Litigation: A Strategic Perspective On Recent Developments In Fiduciary Duty Law, Zachary S. Klughaupt

ExpressO

The Delaware Chancery’s new-found willingness to hold corporate directors accountable for breaching the duty of good faith has provoked widespread attention in both the business and legal communities. Legal practitioners and scholars recognize the novelty of Delaware’s recent good faith jurisprudence, as well as its potential to expose directors to gigantic personal damage awards, and in fact have published numerous articles that seek to delimit the boundaries of good faith conduct. But until now, most discussions of good faith as a fiduciary duty have approached the subject as an abstract measure of conduct, showing little regard for how a complaint …

How Overregulation Creates Sprawl (Even In A City Without Zoning), Michael E. Lewyn

ExpressO

Numerous commentators have suggested that the spread-out, automobile-dependent urban form (often referred to as “sprawl”) that dominates metropolitan America is at least partially caused by government regulation of land use. But at first glance, the fate of Houston, Texas may seem to rebut that theory. Houston is America’s only large city without a formal zoning code. Yet Houston is as automobile-dependent and sprawling as many cities with zoning. It could therefore be argued that automobile-dependent sprawl is the inevitable result of the free market.

The purpose of my article is to rebut that theory, by showing that land use is …