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Articles 1 - 9 of 9
Full-Text Articles in Law
Ninth Circuit Argument Turns On Whether The Ban Clashes With The Immigration Act, Peter Margulies
Ninth Circuit Argument Turns On Whether The Ban Clashes With The Immigration Act, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Uber Hitches A Ride With Arbitration: How Pro-Arbitration Attitudes And Uber Will Prevail In California And The Ninth Circuit, Neil Eddington
Uber Hitches A Ride With Arbitration: How Pro-Arbitration Attitudes And Uber Will Prevail In California And The Ninth Circuit, Neil Eddington
Pepperdine Dispute Resolution Law Journal
Part I of this article will introduce Uber and describe how the sharing economy functions. This section will explain Uber’s current conflict with their drivers regarding arbitration agreements and why the stakes are so high. Part II will explore the FAA—its history, original legislative intent and purpose—in order to provide a baseline from which to contrast its current broad application. Part III will highlight Supreme Court jurisprudence on arbitration to illustrate how the FAA is now expansively interpreted contrary to its original limited scope. This Part will culminate in an examination of the Concepcion and American Express majority and dissenting …
United States V. Gila Valley Irrigation District, Ryan L. Hickey
United States V. Gila Valley Irrigation District, Ryan L. Hickey
Public Land & Resources Law Review
Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies
Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies
Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl Tobias
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl Tobias
Washington and Lee Law Review Online
No abstract provided.
Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein
Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein
Public Land & Resources Law Review
In Great Basin Resource Watch v. Bureau of Land Management, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a mining project on unsupported reasoning, inaccurate information, and deficient analysis. In negating the action, the court held that the BLM failed to take the hard look required by the National Environmental Policy Act.
Helping Hand Tools V. United States Environmental Protection Agency, Emily A. Slike
Helping Hand Tools V. United States Environmental Protection Agency, Emily A. Slike
Public Land & Resources Law Review
When the EPA decided to treat biomass fuel sources differently within the BACT analysis, the Ninth Circuit continued Chevron’s legacy and granted the agency deference. The Bioenergy BACT may develop as science continues to evolve, but because the EPA took a “hard look” during a thorough permit review, the court held that agency issuance of new BACT guidelines was reasonable.