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Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States

Native American Water Rights Settlement Project

Settlement Agreement: Navajo Nation San Juan Basin, NM Water Rights Settlement (Dec. 17, 2010) Parties: Navajo Nation, US, NM. This Settlement relates to the Navajo Nation’s water rights in the San Juan River Basin located in NM. It is a part of the Juan River adjudication. It reconciles the Apr. 19, 2005 agreement with the Settlement Act. Allottees may make individual water right claims based upon historic and existing uses found in the Joint Hydrographic Survey Report. This Settlement finalizes all claims the Nation could make to the San Juan River Basin and settles all causes of action against the …

The Occupation Of Iraq, Clyde J. Tate Ii

International Law Studies

No abstract provided.

Crow Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title IV: Crow Tribe Water Rights Settlement - Crow Tribe Water Rights Settlement of 2010 in the Claims Resolution Act of 2010 (PL111-291| 124 Stat 3097). The Act ratifies, authorizes, and confirms the water rights 1999 Compact between the Crow Tribe and MT. The DOI Secretary shall promptly execute the Compact and comply with applicable environmental acts and regulations. The Act provides for: 1) the Tribe to a) rehabilitate and improve the Crow Irrigation Project; and b) Reclamation to construct the municipal, rural, and industrial water system; 2) creates a Project Management Committee made up of the Tribe, …

Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Resolution Act of 2010, Title V: Taos Pueblo Indian Water Rights Settlement of 2010 (Sec. 501) Parties: Pueblo of Taos, NM, US, Town of Taos, El Prado Water & Sanitation District, Acequia Madre del Rio Lucero y del Arroyo Seco, Acequia Madre del Prado, Acequia del Monte, Acequia Madre del Rio Chiquito, Upper Ranchitos Mutual Domestic Water Consumers Assn, Upper Arroyo Hondo Mutual Domestic Water Consumers Assn, Llano Quemado Mutual Domestic Water Consumers Assn. Federal Legislation to approve, ratify, and confirm the Taos Pueblo Indian Water Rights Settlement; to authorize and direct the Secretary to execute the …

White Mountain Apache Tribe Water Rights Quantification Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Settlement Act of 2010, TITLE III—White Mountain Apache Tribe Water Rights Quantification, PL111-291| 124 Stat 3064, 3073 (Dec. 8, 2010). Parties: White Mountain Apache Tribe, US, AZ. The Act ratifies, authorizes, and confirms the WMAT Water Rights Quantification settlement; authorizes the DOI Secretary to execute the and take all necessary action; to authorize appropriations; and, to permanently resolve certain damages and water rights in the general adjudication of the Gila River System and Little CO River System. The provides for: 1) environmental compliance; 2) tribal water rights; 3) CAP reallocation; 4) tribal leasing, distributing, exchanging or allocation …

Aamodt Litigation Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title VI: Aamodt Litigation Settlement of the Claims Settlement Act of 2010 (PL 111-291, 124 Stat 3064, 3134). 66cv06639, USDC, DCNM. Federal Legislation to resolve the water rights of Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque. Key provisions include: 1) a regional water diversion, treatment and distribution system to serve the Pueblos and the customers of Santa Fe County; 2) a Regional Water Authority, a county utility, and Pueblo water facilities; 3) operation, cost-sharing, and system integration; 4) Reclamation design and construction of the system; 5) conjunctive management of surface and groundwater; 6) well fields, aquifer storage …

The Pragmatic Incrementalism Of Common Law Intellectual Property, Shyamkrishna Balganesh

Vanderbilt Law Review

Intellectual property is today thought to be principally of statutory origin. Discussions of the subject invariably revolve around a close scrutiny of the federal statutes involved. Indeed, the frequency with which Congress amends the patent and copyright statutes seems to leave little doubt that it alone determines intellectual property's precise content and coverage.' Nevertheless, there exists a rather robust body of state law that is almost entirely the creation of state courts and is directed at creating entitlements in information, ideas, expression, goodwill, one's image, and other related intangibles. These rights regimes are in turn collectively referred to as "common …

Speech In The Role Of Fiduciary Law And Trust In The Twenty-First Century, Wendy J. Gordon

Scholarship Chronologically

As someone who is not a specialist in the area, I am grateful to be included in today's conference. I wanted to be here to mark the admiration I have for Professor Frankel. Like Ken Simons, I have benefited from Tamar's knowledge base which is both deep and wide, her lively and inexhaustible curiosity, her imagination, and the immense intellectual stimulation she inevitably provides. Her new book under discussion today reveals some of her extraordinary powers, in its skillful use of materials from sources as diverse as Hammurabi and Grotius, from histories ancient and modem, traditions religious and secular, and …

Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin

American University Law Review

This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …

Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman

Martha M. Ertman

No abstract provided.

Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White

Brent T. White

An increasingly influential view is that strategic defaulters make a rational choice to default because they have substantial negative equity. This article, which is based upon the personal accounts of over 350 individuals, argues that this depiction of strategic defaulters as rational actors is woefully incomplete. Negative equity alone does not drive many strategic defaulters’ decisions to intentionally stop paying their mortgages. Rather, their decisions to default are driven primarily by emotion – typically anxiety and hopelessness about their financial futures and anger at their lenders’ and the government’s unwillingness to help. If the government and the mortgage industry wish …

Contract Law, Party Sophistication And The New Formalism, Meredith R. Miller

Missouri Law Review

Part II of this Article positions the discussion in a theoretical context and describes the significance of party sophistication as a compromise between formalist and realist concerns. Part III collects examples of settings in which courts have used party sophistication as a tool to organize the world of contracting parties and, with that, the applicable legal principles. For sophisticated parties, in answering a wide array of contract questions, courts employ a formalist approach. Part IV begins descriptively and addresses the general lack of meaningful assessment of party sophistication. Drawing upon the review of hundreds of cases, Part IV identifies what …

Friending Privacy: Toward Self- Regulation Of Second Generation Social Networks , Robert Terenzi, Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers, Stanislav Dolgopolov

Fordham Journal of Corporate & Financial Law

No abstract provided.

Penumbral Academic Freedom: Interpreting The Tenure Contract In A Time Of Constitutional Impotence, Richard J. Peltz-Steele

Faculty Publications

This article recounts the deficiencies of constitutional law and common tenure contract language - the latter based on the 1940 Statement of Principles of the American Association of University Professors - in protecting the academic freedom of faculty on the modern university campus. The article proposes an Interpretation of that common language, accompanied by Illustrations, aiming to describe the penumbras of academic freedom - faculty rights and responsibilities that surround and emanate from the three traditional pillars of teaching, research, and service - that are within the scope of the tenure contract but not explicitly described by it, and therefore …

Predicting The Enforceability Of Browse-Wrap Agreements In Ohio, Sam S. Han

Sam Han

Internet-based commerce has now reached a level where Internet-based businesses, such as amazon.com or ebay.com, sometimes generate more revenue than their brick-and-mortar counterparts. In view of the growth in Internet-based businesses, the courts have been forced to address unconventional contracting mechanisms, such as shrink-wrap, click-wrap, and browse-wrap agreements. Much of the scholarly writing, as well as court opinions, reach a consensus that browse-wrap agreements will be enforceable if there is: (a) sufficient notice of the agreement terms; and (b) clear manifestation of assent to the terms. However, there is very little guidance on how much notice will constitute "sufficient notice." …

Charters, Compacts And Tea Parties: The Decline And Resurrection Of A Delegation View Of The Constitution, Edward A. Fallone

Edward A Fallone

This article seeks to address a gap in constitutional law scholarship: the absence of a systematic examination of the manner in which the contractual nature of the Constitution illuminates the original understanding of the text. By closely examining the historical evidence, I argue that the interpretation of the Constitution has been influenced by dueling conceptions of contractual origin. One view treats the Constitution as a charter that delegates limited and defined authority to the federal government. The second view treats the Constitution as a compact the terms of which reflect a bargain between the federal government and a discrete body …

Demise Of Arbitration Agreements In Long-Term Care Contracts, The, Laura K. Bailey

Missouri Law Review

This Article argues that pre-dispute compulsory arbitration provisions in nursing home contracts should not be enforced and encourages the elimination of such clauses in long-term care contracts. This Article will lay out the historical background and development of arbitration and then will address the use of arbitration clauses in nursing home admission contracts. Finally, this Article will explore recent developments of arbitration law in long-term care contracts, both federally and in the state of Missouri, with particular attention given to the Supreme Court of Missouri's decision in Lawrence v. Beverly Manor.

A Standard Clause Analysis Of The Frustration Doctrine And The Material Adverse Change Clause, Andrew A. Schwartz

Publications

In the darkest depths of a corporate merger agreement lies the MAC clause, a term that permits the acquirer to walk away from a transaction if, between signing and closing, the target company experiences a "Material Adverse Change." Multibillion-dollar deals rise or fall based on the anticipated interpretation of a MAC clause, and invocation of the clause in a sensitive transaction could trigger the collapse of the global financial system. In short, the MAC clause is the most important contract term of our time. And yet--due to an almost total lack of case law--no one knows what it means.

In …

When Selling Your Personal Name Mark Extends To Selling Your Soul, Yvette Joy Liebesman

All Faculty Scholarship

Identifying one’s business with one’s personal name has long been a practice in the United States. As Personal Name Marks have become increasingly commodified, however, bargaining and deal-making has led more and more to transfers of rights which had previously been considered to be closely tied to the individual as a private person. This article posits that freedom of contract doctrine should not allow the complete alienation of all aspects of one’s name, but rather there should be limitations on how far parties may bargain, so that the purchaser cannot acquire the right to control the seller’s private activities. This …

Principles Of The Law Of Software Contracts, Robert A. Hillman, Maureen A. O'Rourke

Faculty Scholarship

An overview of a new set of legal principles for software contracts developed by the American Law Institute.

Response To Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Putting The Restatement In Its Place, Rachel Arnow-Richman

UF Law Faculty Publications

Like most of the contributors to this symposium, I come to bury the Restatement, not to praise it. A fair reading of the ALI’s proposed Chapter 2, on termination and employment at will, reveals a document deeply, if not irretrievably, flawed in both its conception and execution. Principal among my complaints is that the draft neither presents an integrated approach to contractual terms of employment, nor takes a position on the appropriateness of contract as a vehicle for creating employment terms. Thus, in the most benign terms, the draft repackages the common law, adding nothing of value in the process.

The Insurance Policy As Statute, Jeffrey W. Stempel

Scholarly Works

Insurance policies are classified as a subspecies of contract. Although the taxonomy is correct, rigid adherence to this classification system limits the legal system's ability to deal with some of the most problematic and frequently litigated questions of insurance coverage. Restricting conception of insurance policies to the contract model unduly limits analysis of the meaning and function of the policies. In addition, restricting characterization of insurance as a matter of “contract” does not necessarily produce swift, inexpensive, efficient, or uniform decisions (to say nothing about accuracy, justice, or fairness). Within contract law, scholars, and courts differ over the respective primacy …