Law Commons^™

Aclp - Further Updated Estimates Of State Bead Allocations - As Of June 16, 2023, New York Law School

Reports and Resources

No abstract provided.

Aclp - Updated Estimates Of State Bead Allocations - As Of June 2023, New York Law School

Reports and Resources

No abstract provided.

Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad

Sturm College of Law: Faculty Scholarship

America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …

Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer

Public Land & Resources Law Review

The Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on behalf of the Appellee.

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

Transparency Trade-Offs Priority Setting, Scarcity, And Health Fairness, Govind Persad

Sturm College of Law: Faculty Scholarship

This chapter argues that rather than viewing transparency as a right, we should regard it as a finite resource whose allocation involves tradeoffs. It then argues that those tradeoffs should be resolved by using a multi-principle approach to distributive justice. The relevant principles include maximizing welfare, maximizing autonomy, and giving priority to the worst off. Finally, it examines some of the implications for law of recognizing the tradeoffs presented by transparency proposals.

Choctaw Nation Of Oklahoma And The Chickasaw Nation Water Settlement, United States 114th Congress

Native American Water Rights Settlement Project

Federal Legislation; Parties: Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City, Oklahoma, United States. Purposes, pp 169-170; Definitions, pp. 170-2; Approval of Settlement Agreement, pp. 172-3; Approval of Amended Storage Contract & 1974 Storage Contract, pp.173-5; Settlement Area Waters, pp. 175-7; City Permit for Appropriation of Surface Water from the Kiamichi River, p. 177; Settlement Commission, pp. 177-8; Waivers and Releases of Claims, pp. 178-183; Enforceability Date, pp. 183-5; Jurisdiction, Waivers of Immunity for Interpretation and Enforcement, pp. 185-6; Disclaimers, pp. 186-7. [Source: Government Printing Office http://www.gpo.gov]

A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher C. French

San Diego Law Review

When the superstar athlete—“Iron Mike” Webster—a nine-time NationalFootball League (NFL) Pro Bowler, four-time Super Bowl Champion, Hall of Fame center for the Pittsburgh Steelers—died at age fifty with severe brain dysfunction after becoming homeless and living in a truck, it was discovered he had a previously nameless disease, Chronic Traumatic Encephalopathy (CTE). The discovery of CTE opened the floodgates on interest in delayed manifestation brain diseases caused by repeated blows to the head. As part of that flood, many retired NFL players brought numerous class actions against the NFL for their alleged brain diseases caused by the repeated blows to …

Slides: The Nsw Aboriginal Land Council (Nswalc) And Aboriginal Land Rights In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

19 slides

Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau

Pepperdine Law Review

No abstract provided.

A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French

Christopher C. French

Regulation Of International Joint Ventures In The Fishery Conservation Zone, Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Energy Versus Water: The Growing Role Of Water In Controlling Energy Decisions, Andrea West Wortzel

University of Richmond Law Review

No abstract provided.

Turf Wars: Territoriality And The Allocation Of Sales And Use Taxes In California, Kevin Schmitt

Kevin Schmitt

Sales and use tax revenue provides an important source of funding for California’s local governments, particularly its cities. Under the Bradley-Burns Uniform Local Sales and Use Tax Law, local governments may enact sales and use tax ordinances and contract with the state to manage collection and distribution. The current allocation system, known as the situs-based system, provides for distribution to local government based on the physical location of the retailer. Although such a system has logical appeal, in practice it has proven highly problematic, promoting unproductive competition among local governments for scarce revenue.

Reform of the situs-based allocation process has …

Sequencing And Allocating Attorney Time To Cases, Stuart S. Nagel

Pepperdine Law Review

No abstract provided.

Resource Restraints: Rethinking Disclosure Of Individual Genomic Findings, Michael Ulrich

Faculty Scholarship

While there has been a seemingly endless debate over whether individual results should be disclosed in genomic research, the role that resources should play in determining a researcher's duty has been left unanswered. This commentary fills this void by fully examining how resource limitations constrain a researcher's duty to disclose. This paper is the first to anchor an obligation in the duty to rescue alone, and as a result, the first to find not only an ethical floor of what must be returned, but also a ceiling of the amount of resources that may be utilized to fulfill this duty. …

The “Non-Cumulation Clause”: An “Other Insurance” Clause By Another Name, Chris French

Christopher C. French

How long-tail liability claims such as asbestos bodily injury claims and environmental property damage claims are allocated among multiple triggered policy years can result in the shifting of tens or hundreds of millions of dollars from one party to another. In recent years, insurers have argued that clauses commonly titled, “Prior Insurance and Non-Cumulation of Liability” (referred to herein as “Non-Cumulation Clauses”), which are found in commercial liability policies, should be applied to reduce or eliminate their coverage responsibilities for long-tail liability claims by shifting their coverage responsibilities to insurers that issued policies in earlier policy years. The insurers’ argument …

Community Collateral Damage: A Question Of Priorities, Andrea J. Boyack

Andrea J Boyack

Today’s soaring mortgage default rate and the uncertainty and delay associated with mortgage foreclosure proceedings threatens to cause financial tragedies of the commons in condominiums and homeowner associations across the country. Assessment defaults in privately governed communities result in an inequitable allocation of upkeep costs, and current law provides no way to prevent this spillover effect. But the collateral damages caused by delayed foreclosures and insufficient recoveries can be minimized by gradually increasing the priority position of the association lien.

In a majority of states, association liens are completely subordinate to the first mortgage lien. At foreclosure of the mortgage …

The “Non-Cumulation Clause”: An “Other Insurance” Clause By Another Name, Chris French

Journal Articles

How long-tail liability claims such as asbestos bodily injury claims and environmental property damage claims are allocated among multiple triggered policy years can result in the shifting of tens or hundreds of millions of dollars from one party to another. In recent years, insurers have argued that clauses commonly titled, “Prior Insurance and Non-Cumulation of Liability” (referred to herein as “Non-Cumulation Clauses”), which are found in commercial liability policies, should be applied to reduce or eliminate their coverage responsibilities for long-tail liability claims by shifting their coverage responsibilities to insurers that issued policies in earlier policy years. The insurers’ argument …

Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma

LLM Theses

The allocation of fishing opportunities is one of the most difficult challenges for high seas fisheries management. There is an ongoing search for equitable and transparent allocation frameworks. This thesis explores whether, under what conditions, and with what shortcomings, a legal concept of equity can provide assistance in the development of such a framework. To this end, it reviews the historical origins of allocation of quotas in international fisheries, and summarizes the current global and regional legal frameworks for allocation and regional practices. It then analyzes whether intergenerational and intra-generational equity is considered in the international legal framework for high …

Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

What Evidence Will Justify An Allocation Of Liability Among Responsible Parties Under Superfund?, Robert H. Abrams

Journal Publications

Burlington No. & Santa Fe R. Co. v. United States and Shell Oil Co. v. United States Docket Nos. 07-1601 and 07-1607. Argument date: February 24, 2009, From: The Ninth Circuit

Case at a Glance: Over a 30-year period Shell Oil delivered bulk agricultural chemicals to a now-contaminated reseller's site in California. Part of the site was leased from Burlington Northern Railroad. When the site operator failed, the United States and California incurred costs in cleaning the parcel and successfully sought to impose joint and several liability on Shell and the railroad. Shell contends it is not liable under Superfund …

Shoshone-Bannock Tribal Water Resource Code (2007), Shoshone-Bannock Tribes

Native American Water Rights Settlement Project

Tribal Water Code: 2007 Shoshone-Bannock Tribal Water Resource Code (WATR-07-S1 (2007). This Code establishes the Tribal Water Resources Commission and the Tribal Water Resources Dept; provides water allocation guidelines; structures a license and permitting system; determines effects of non-use and attempted adverse possession; provides penalties and enforcement; and sets up hearings and appeals. [Source: http://www.shoshonebannocktribes.com/elements/documents/water/2007-Sec-Int-Water-Code.pdf]

The Allocation Problem In Multiple-Claimant Representations, Paul H. Edelman, Richard A. Nagareda, Charles Silver

Vanderbilt Law School Faculty Publications

Multiple-claimant representations-classa ctions and other group lawsuits-pose two principal-agent problems: Shirking (failure to maximize the aggregate recovery) and misallocation (distribution of the aggregate recovery other than according to the relative value of claims). Clients have dealt with these problems separately, using contingent percentage fees to motivate lawyers to maximize the aggregate recovery and monitoring devices (disclosure requirements, client control rights, and third-party review) to encourage appropriate allocations. The scholarly literature has proceeded on the premise that monitoring devices are needed to police misallocations, because the fee calculus cannot do the entire job. This paper shows that this premise is mistaken …

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 …

Alternative Forms Of Judicial Review, Mark Tushnet

Michigan Law Review

The invention in the late twentieth century of what I call weak-form systems of judicial review provides us with the chance to see in a new light some traditional debates within U.S. constitutional law and theory, which are predicated on the fact that the United States has strong-form judicial review. Strong- and weak-form systems operate on the level of constitutional design, in the sense that their characteristics are specified in constitutional documents or in deep-rooted constitutional traditions. After sketching the differences between strong- and weak-form systems, I turn to design features that operate at the next lower level. Here legislatures …

Out With The Old And In With The New: An Analysis Of Illinois Maintenance Law Under The Uniform Marriage And Divorce Act And A Proposal For Its Replacement, Megan A. Drefchinski

Northern Illinois University Law Review

Perhaps few issues in family law, or in legal jurisprudence generally, are debated as widely and heatedly as maintenance is. Opinions on the subject cover the full range of the spectrum, from the suggestion that maintenance should be limited, to the suggestion that it should be expanded. What does emerge as a unifying theme is the general dissatisfaction of scholars, litigants, practitioners, and judges with the current maintenance law provisions under the Uniform Marriage and Divorce Act ("UMDA"), which Illinois has adopted This comment argues that this dissatisfaction with the current maintenance provisions cannot be overcome, and that new provisions …

Equitable Management And Allocation Of Trans-Boundary Waters In India [Abstract], Mohan V. Katarki

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

1 page.

International Water Marketing: Perspectives From North America [Abstract], Sarah Michaels, Doug Kenney

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.