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Full-Text Articles in Law

Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Aug 2013

Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)

The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …


The Fixable Flaws Of America's Civil Justice System, James Maxeiner Jun 2013

The Fixable Flaws Of America's Civil Justice System, James Maxeiner

All Faculty Scholarship

No abstract provided.


Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia Apr 2013

Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr Apr 2013

Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Res Judicata: California V. Sims, Alan Saltzman Apr 2013

Res Judicata: California V. Sims, Alan Saltzman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein Apr 2013

Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains Apr 2013

A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Refining The Reasonable Apprehension Of Bias Test: Providing Judges Better Tools For Addressing Judicial Disqualification, Jula Hughes, Dean Philip Bryden Apr 2013

Refining The Reasonable Apprehension Of Bias Test: Providing Judges Better Tools For Addressing Judicial Disqualification, Jula Hughes, Dean Philip Bryden

Dalhousie Law Journal

Despite a considerable amount of litigation concerning judicial impartiality, the Canadian "reasonable apprehension of bias" test for judicial disqualification has remained fundamentally unaltered and is well accepted in the jurisprudence. Unfortunately, the application of the test continues to generate difficulties for judges who need to use it to make decisions in marginal cases. Based on previously published doctrinal and empirical research, the goal in the present contribution is to suggest modifications to the test that will better explain the existing jurisprudence and make it easier for judges to understand when recusal is or is not necessary in marginal cases. The …


Trials And Tribulations, Curtis E.A. Karnow Jan 2013

Trials And Tribulations, Curtis E.A. Karnow

Curtis E.A. Karnow

A collection of practical tips and advice for litigators new to the bar, and for more experienced lawyers wishing to improve the odds of a receptive judge and jury. The advice applies to oral advocacy, trial, trial preparation, and other issues concerning presentation such as interacting with the jury and witnesses, courtroom staff, motions (including in limine motions), handling evidence, simulation and animations. This is the stuff they don’t teach in law school. (Presentation, Bar Assn. Of San Francisco & Barrister's Club, June 2013)