Law Commons^™

Ark. Game & Fish Comm'n V. United States,736 F.3d 1364 (Fed. Cir. 2013), Dale Ratliff

Water Law Review

No abstract provided.

Goals For Colorado's Water Plan: An Overview, Edgar Barraza

Water Law Review

No abstract provided.

Land Use Tools For A Water-Smart Future: Training Communities And Building Networks, Devon Bell

Water Law Review

No abstract provided.

Water Plans In Colorado And Elsewhere: Perspectives From Across The West, Autumn Aspen

Water Law Review

No abstract provided.

Yellow Jacket Water Conservancy Dist. V. Livingston, 318 P.3d 454 (Colo. 2013), Gina Tincher

Water Law Review

No abstract provided.

Investing In Public Water Education, Elizabeth Kutch

Water Law Review

No abstract provided.

Heavirland V. State, 311 P.3d 813 (Mont. 2013), Lauren Bushong

Water Law Review

No abstract provided.

Hughes V. Hughes, 305 P.3d 772 (Mont. 2013), Allison Robinette

Water Law Review

No abstract provided.

Reep V. State, 2013 841 N.W.2d 664 (N.D. 2013), Ashley Basta

Water Law Review

No abstract provided.

United States V. Hamilton, 952 F.Supp. 2d 1271 (D. Wyo. 2013), Lauren Hammond

Water Law Review

No abstract provided.

Celebrating 40 Years Of Success And Challenges For Colorado's Instream Flow Program, Emily Dowd

Water Law Review

No abstract provided.

Delta Canal Co. V. Frank Vincent Fam. Ranch, Lc, 321 P.3d 1027 (Utah 2013), Edgar Barraza

Water Law Review

No abstract provided.

Swinomish Indian Tribal Cmty. V. Wash. State Dep't Of Ecology, 311 P.3d 6 (Wash. 2013), Holly Taylor

Water Law Review

No abstract provided.

Precon Dev. Corp. V. U.S. Army Corps Of Eng'rs, No. 2:08cv447, 2013 Wl 6091882 (E.D. Va. Nov. 18, 2013)., Lillie Parker

Water Law Review

No abstract provided.

Pawnee Well Users, Inc. V. Wolfe, 320 P.3d 320 (Colo. 2013), Brock Miller

Water Law Review

No abstract provided.

In Re Distribution Of Water To Various Water Rights Held By Or For The Benefit Of A&B Irrigation District, 315 P.3d 828 (Idaho 2013), Peter Almaas

Water Law Review

No abstract provided.

Middle Niobrara Natural Res. Dist. V. Dep't Of Natural Res., 838 N.W.2d 242 (Neb. 2013), Sarah Cassinis

Water Law Review

No abstract provided.

Rock-Koshkonong Lake Dist. V. State Dep't Of Natural Res., 833 N.W.2d 800 (Wis. 2013), Garrett L. Davey

Water Law Review

No abstract provided.

Vol. 17, No. 2: Full Issue, Water Law Review

Water Law Review

No abstract provided.

Teaching Legal History Through Legal Skills., Howard Bromberg

Book Chapters

I revolve my legal history courses around one methodology: teaching legal history by means of legal skills. I draw on my experience teaching legal practice and clinical skills courses to assign briefs and oral arguments as a means for law students to immerse themselves in historical topics. Without distracting from other approaches, I framed this innovation as teaching legal history not to budding historians but to budding lawyers.

A Turquoise Mess: Green Subsidies, Blue Industrial Policy And Renewable Energy: The Case For Redrafting The Subsidies Agreement Of The Wto, Aaron Cosbey, Petros C. Mavroidis

Faculty Scholarship

Canada-Renewable Energy presented the WTO Panel and Appellate Body (AB) with a novel issue: at the heart of the dispute was a measure adopted by the province of Ontario whereby producers of renewable energy would be paid a premium relative to conventional power producers. Some WTO Members complained that the measure was a prohibited subsidy because payments were conditional upon using Canadian equipment for the production of renewable energy. The AB gave them right only in part: it found that a local content requirement had indeed been imposed, but also found that it lacked evidence to determine whether a subsidy …

Merger Control Procedures And Institutions: A Comparison Of The Eu And Us Practice, William E. Kovacic, Petros C. Mavroidis, Damien J. Neven

Faculty Scholarship

The objective of this paper is to discuss and compare the role that different constituencies play in US and EU procedures for merger control. We describe the main constituencies (both internal and external) involved in merger control in both jurisdictions and discuss how a typical merger case would be handled under these procedures. At each stage, we consider how the procedure unfolds, which parties are involved, and how they can affect the procedure. Our discussion reveals a very different ecology. EU and US procedures differ in terms of their basic design and in terms of the procedures that are naturally …

Reaching Out For Green Policies: National Environmental Policies In The Wto Legal Order, Petros C. Mavroidis

Faculty Scholarship

The WTO does not squarely address the issue of jurisdictional ambit of national policies (affecting trade). And yet, absent some agreement as to what trading nations can and cannot do, the WTO loses much of its effectiveness. In the absence of explicit regulation of the issue in the WTO contract, one would reasonably expect WTO Members to behave in line with the postulates governing allocation of jurisdiction embedded in public international law. WTO practice evidences neither an explicit acceptance nor a refusal of these rules.

A Reply To "Hollow Spaces", George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers

Faculty Scholarship

This short essay responds to Chip Brower's thoughtful and meticulous critique of Tentative Draft No. 2 of the Restatement Third of the U.S. Law of International Commercial Arbitration. While we appreciate the concerns he raises, we disagree with the conclusions he draws both about the Restatement and the drafting process. We address here what we understand to be Professor Brower's major criticisms of the work.

Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, Bj Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe

Faculty Scholarship

It has become increasingly clear that implications for criminal justice – both negative and positive – emerge from the rapid, important, and challenging developments in cognitive neuroscience, the study of how the brain thinks. Two examples will illustrate.

First, lawyers are ever more frequently bringing neuroscientific evidence into the courtroom, often in the forms of testimony about, and graphic images of, human brains. This trend has produced many new challenges for judges as they attempt to provide fair rulings on the admissibility of such technical evidence, consider its proper interpretation, and assess whether the probative value of such testimony may …

Article 41 And The Right To Appeal, Benjamin L. Liebman

Faculty Scholarship

Extensive discussion of the Chinese Constitution focuses on the ways in which the Constitution is under-enforced or not implemented. This essay takes a different approach, examining one clause that is arguably at times over-enforced, providing for constitutional authorization for challenging legal determinations outside the legal system. This essay’s focus is Article 41 of the 1982 Constitution, which protects the rights of citizens to file complaints (shensu 申诉) against illegal conduct of state actors. My goal in this essay is to examine the ways in which the concept of shensu is used to provide a basis for challenges to state action …

The Salience Of Social Contextual Factors In Appraisals Of Police Interactions With Citizens: A Randomized Factorial Experiment, Anthony A. Braga, Christopher Winship, Tom Tyler, Jeffrey Fagan, Tracey L. Meares

Faculty Scholarship

Objectives: Prior research indicates that public assessments of the manner in which the police exercise their authority are a key antecedent of judgments about the legitimacy of the police. In this study, the importance of context in influencing people’s assessment of police wrongdoing is examined.

Methods: A randomized factorial experiment was used to test how respondents perceive and evaluate police–citizens interactions along a range of types of situations and encounters. 1,361 subjects were surveyed on factors hypothesized to be salient influences on how citizens perceive and evaluate citizen interactions with police. Subjects viewed videos of actual police – citizen encounters …

Aggressive Policing And The Mental Health Of Young Urban Men, Amanda Geller, Jeffrey Fagan, Tom Tyler, Bruce Link

Faculty Scholarship

Objectives: We provide the first population-based analysis of the health implications of contemporary policing. Many cities have adopted “proactive” policing models, which engage citizens – often aggressively – at low levels of suspicion. We survey young men on their experiences of police encounters and subsequent mental health. Methods: We conducted a population-based phone survey of 1,261 young men in New York City. Respondents reported how many times they were approached by New York Police Department (NYPD) officers, what these encounters entailed, any trauma they attributed to the stops, and their overall anxiety. Data were analyzed using cross-sectional regression. Results: Respondents …

An Introduction To The Law & Economics Of Information, Tim Wu

Faculty Scholarship

This paper reviews the literature related to the properties of information and legal implications of same, making three observations:

First, scholars have extended a public good model of information to an ever-increasing number of fields where law and information intersect. An incomplete list includes intellectual property, securities regulation, contract theory, consumer protection, communications, and the study of free speech.

Second, scholars have sharply questioned whether, in practice, information actually has the characteristics of a public good. In particular, the claim that information is intrinsically impossible to exclude non-payers from has no clear basis, a fact that potentially undermines theoretical support …

Sender Side Transmission Rules For The Internet, Tejas N. Narechania, Tim Wu

Faculty Scholarship

Since 1966, the Federal Communications Commission has, one way or another, protected businesses that deliver services over the nation’s communications infrastructure. But in January 2014, the U.S. Court of Appeals for the D.C. Circuit struck down the FCC’s net neutrality rules contained in its 2010 Open Internet Order. FCC Chairman Tom Wheeler has since indicated that he will take up the D.C. Circuit’s invitation to implement rules that, consistent with historic practice, “will meet the court’s test for preventing improper blocking of and discrimination among Internet traffic.”

Chairman Wheeler’s statement invites an obvious question: presuming that the FCC wants …