Law Commons^™

Role Of The State Courts In Adjudicating Indian Water Rights, Jon L. Kyl

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

39 pages.

Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

6 pages.

Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation; Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

University of Colorado School of Law professors …

Federal Reserved Rights Claims For Uses On Out-Of-Basin Lands [Outline], Richard B. Collins

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

3 pages.

The Water Law Backdrop [Outline], James N. Corbridge

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

6 pages.

The United States And Water Development, Carol E. Dinkins

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

5 pages.

Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Contains references.

Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains references.

Maintaining Minimum Stream Flows For Wildlife And Recreation, A. Dan Tarlock

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

27 pages.

Contains references.

Recent Developments

American Indian Law Review

No abstract provided.

Cooperative Apartments: A Survey Of Legal Treatment And An Argument For Homestead Protection, Carolyn S. Bratt

Law Faculty Scholarly Articles

“The homestead may be a splendid mansion, a cabin or a tent,” but can it be a cooperative apartment? The supreme courts of both Florida and Georgia recently have answered this question in the negative. The Florida Supreme Court denied to a widow a homestead exemption in her deceased husband's cooperative apartment, ruling that a cooperator has no proprietary interest in the apartment, the building, or the land on which the building is situated. The Georgia Supreme Court denied a homestead tax exemption to cooperators because they lacked the characteristics of ownership needed to bring them within the constitutional exemption …

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Publications

No abstract provided.

Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke

Florida State University Law Review

No abstract provided.

Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit

American Indian Law Review

No abstract provided.

Arizona's Inferior Courts, Harold H. Bruff

Publications

For many citizens Arizona's inferior courts provide their primary, perhaps only, contact with the state's justice system. This Article--based in large part upon a thorough empirical and personal study of these lower courts--discusses the role that the courts play, the procedures that they observe, the qualifications of the personnel they employ, and the sufficiency of the justice they render. These findings are then evaluated, and recommendations for change are made.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

Labor Law-Constitutional Law-State Anti-Closed Shop Legislation Upheld, Jerry S. Mccroskey S. Ed.

Michigan Law Review

Appellant, a local union of the American Federation of Labor, sought a declaratory judgment and equitable relief in the Nebraska courts as a result of appellee's refusal to discharge certain employees who had failed to maintain membership in the union. The employer relied on an anti-closed shop amendment to the Nebraska Constitution forbidding discrimination in employment on the basis of affiliation with a union and prohibiting contracts for this purpose. Appellant's assertions of invalidity of the amendment under the Federal Constitution were rejected by the state courts. Upon appeal to the United States Supreme Court, held affirmed, all justices concurring. …

Courts - Federal Courts - Diversity Of Citizenship Requirement - Persons Evacuated To Other States By Government Order, Michigan Law Review

Michigan Law Review

Plaintiffs were United States citizens of Japanese ancestry domiciled in California. By order of the Western Defense Command, United States Army, they were removed to the Gila River Relocation Center, Arizona. Defendants were residents of California. After their relocation plaintiffs brought this action in the United States District Court for the Southern District of California "to terminate trust, for an accounting, and for appointment of a receiver," and jurisdiction of the federal court was based solely on allegations of diversity of citizenship. Held, action dismissed for want of jurisdiction. A person moving under legal or physical compulsion, from his …

Corporations - Statutes Declaring Watered Stock Void - Effect Upon The Stockholder's Liability To Creditors

Michigan Law Review

Prior to the present era of "blue sky" laws providing for the careful scrutiny by the state of the issuance of stock, the evil of watered stock was sought to be curbed by constitutional and statutory provisions of a prohibitory and often penal nature. These statutes and constitutional provisions very generally take one of two forms.

The Colorado and the Arizona provisions are typical. In practical effect the two types of provisions are indistinguishable. The phrase "bona fide subscribers" in the Arizona form is construed to mean one who actually turns something of value over to the corporation in lieu …

Courts-Power To Direct Verdicts Where Forbidden By State Constitution

Michigan Law Review

ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …

"Lightning Cases" Under Workmen's Compensation Acts

Michigan Law Review

A farm hand, sent by his employer to work for a day at a neighbor's farm, was killed by lightning while returning home. At the time of the accident he was driving a team of horses, without a wagon, and was crossing a "high, rocky hill near a wire fence." An award under the Colorado Compensation Act was affirmed by the district court. On appeal from this affirmance, held, by a majority of the court, that "since Oakley's employment required him to be in a position where the lightning struck him, there was a causal relation between employment and …

Mining Statistics West Of The Rocky Mountains. Letter From The Secretary Of The Treasury, Transmitting The Report Of The Special Commissioner For The Collection Of Mining Statistics In The States And Territories West Of The Rocky Mountains.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Mining West of the Rocky Mountains. 21 Mar. HED 10, 42-1, v1 , 566p. [1470] Indians of Arizona, etc.