Courts Commons^™

Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

42 pages (includes illustrations and map).

Contains endnotes.

Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

7 pages.

“Takings” And The Endangered Species Act, Oliver A. Houck

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

3 pages.

Mining Regulation And Takings, Mark Squillace

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains footnotes.

Mining Regulation(S) And Takings, Lawrence G. Mcbride

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

Contains footnotes.

The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

6 pages.

The Endangered Species Act And Constitutional Takings, Robert Meltz

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

18 pages.

Contains references.

Mining Regulation And Takings, L. Thomas Galloway

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

City Of Tigard And Takings Law, Richard D. Lazarus

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains 1 page of references.

Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

52 pages.

Contains footnotes.

Agenda: Water Organizations In A Changing West, University Of Colorado Boulder. Natural Resources Law Center

Water Organizations in a Changing West (Summer Conference, June 14-16)

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches and James N. Corbridge, Jr.

Water organizations in the western United States range from small, traditional acequia associations to large metropolitan water suppliers. What do these vastly different kinds of organizations have in common? All are feeling the pressures of change in the region--growing urban populations, environmental concerns, and calls for public participation.

This year's summer program will examine how water organizations are adapting to these pressures for change. Speakers drawn from urban, agricultural, and community organizations will share their experiences …

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …

Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell

Cardozo Law Review

Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …

28 U.S.C. § 1658: A Limitation Period With Real Limitations, Kimberly Jade Norwood

Scholarship@WashULaw

Several centuries from now, when archaeologists have unearthed a copy of the Federal Reporter and turned it over to legal historians for study and analysis, our descendants will be puzzled to discover that a society in which judicial resources were such a scarce "commodity" expended so much of that "commodity" searching its state codes for "analogous" limitation periods. I doubt very much that, at least in this regard, our priorities will command much admiration.

Fixing the statute of limitation for a particular cause of action is a legislative function. Indeed, it is not a particularly difficult or complex legislative function. …

The Adversarial And Mediation Processes: An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey

Sociology & Criminal Justice Theses & Dissertations

In recent years, the Juvenile and Domestic Relations Courts have seen increases in child custody disputes. This increase has caused many jurisdictions to seek alternatives to the traditional adversarial process. Mediation has attracted the most attention. Several jurisdictions such as Norfolk, Virginia, the one used in this study, now refer parents to mediation before the court will hear the case.

Unlike previous studies where divorce mediation was researched with child custody being one of the factors, this study examines the differences in the outcomes of the mediation and litigation processes used to solve only child custody disputes. The outcomes examined …

Fort Collins And The Cache La Poudre River: An Integrated Greenway Vision, Kari V. Henderson

Water Organizations in a Changing West (Summer Conference, June 14-16)

16 pages.

Contains references.

Water Quality Impacts Of The Point Of Diversion, Robert C. Helwick

Water Organizations in a Changing West (Summer Conference, June 14-16)

14 pages.

Contains references.

Providing For Fisheries, Recreation, And Other Instream Benefits, Ron Bishop

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.

Public And Private Options For Evolving Water Organizations, Tim De Young, Duane Brown

Water Organizations in a Changing West (Summer Conference, June 14-16)

45 pages.

Supplying Southern California With Dependable Supplies Of Water, Duane L. Georgeson

Water Organizations in a Changing West (Summer Conference, June 14-16)

20 pages (includes 1 map).

Contains references.

The “Self-Executing” Character Of The Refugee Protocol’S Nonrefoulement Obligation, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

When the United States ratified the 1967 U.N. Protocol Relating to the Status of Refugees (Protocol), it undertook not to "expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened" on specified grounds. On May 24, 1992, President Bush issued an executive order, known as the Kennebunkport Order, authorizing the United States Coast Guard to interdict vessels on the high seas suspected of containing Haitians destined for U.S. shores and to return such persons to Haiti without regard to whether their lives or freedom would …

The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary

Articles

Federal appellate court records and briefs are significant to researchers in many disciplines, but academic law libraries are discarding them. Ms. Leary chronicles the demise of paper holdings in law libraries, the rise of microforms, and the contents and usage of the National Archives and Records Administration's files. She then derives principles for preservation strategies that may apply to other categories of legal material.

Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay

Research Collection Yong Pung How School Of Law

While the constitutional injunction to independence is general, specific legislative provisions do not directly preclude the overall governance of the Party. In fact, the initial articles of the 1982 Constitution celebrate the 'dignity of the socialist legal system' (Article 5), and as the preamble confirms, the construction and maintenance of Chinese socialism remains under the leadership of the Communist Party of China. Therefore it might be argued that the protection of judicial power from the 'interference by administrative organs, public organisations or individuals' (Article 126) does not envisage the intervention of the Party.

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

Articles

There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …

Agenda: The Law Of International Water Courses: The United Nations International Law Commission's Draft Rules On The Non-Navigational Uses Of International Watercourses, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Natural Resources Law Center, American Bar Association. Section Of International Law And Practice. International Environmental Law Committee, American Society Of International Law. Panel On State Responsibility, United Nations. International Law Commission

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

Colloquium organizers, committee members and/or moderators included University of Colorado School of Law professors Daniel Magraw, James N. Corbridge, Jr. and Lawrence J. MacDonnell (Director, Natural Resources Law Center).

The United Nations International Law Commission has drafted new rules on the non-navigational uses of international watercourses. University of Colorado Law Professor Daniel Magraw has organized a colloquium to review these draft rules on October 18, 1991, sponsored jointly by the Panel on State Responsibility of the American Society of International Law, the University of Colorado School of Law, and the International Environmental Law Committee of the ABA's Section of International …

Introduction And Overview On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses, Stephen Mccaffrey

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

15 pages.

Contains footnotes.

The International Law Commission’S Draft Articles On The Law Of International Watercourses: Principles And Planned Measures, Charles B. Bourne

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains 6 pages of footnotes.