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1991

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Institution
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Articles 31 - 60 of 202

Full-Text Articles in Courts

Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely Jun 1991

Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

20 pages.


Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte Jun 1991

Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

28 pages.


Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez Jun 1991

Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

26 pages.


Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell Jun 1991

Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

50 pages (includes illustrations and maps).

Contains footnotes.


Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett Jun 1991

Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

5 pages.


Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center Jun 1991

Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.

Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …


Water Planning: The Oregon Approach, William H. Young Jun 1991

Water Planning: The Oregon Approach, William H. Young

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

64 pages.


Kansas Intensive Groundwater Use Control Areas, David L. Pope Jun 1991

Kansas Intensive Groundwater Use Control Areas, David L. Pope

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

22 pages (includes maps).

Contains references.


Bright Lines, Dark Deeds: Counting Convictions Under The Armed Career Criminal Act, James E. Hooper Jun 1991

Bright Lines, Dark Deeds: Counting Convictions Under The Armed Career Criminal Act, James E. Hooper

Michigan Law Review

The Armed Career Criminal Act of 1984 (ACCA) enables the federal government to help state authorities more effectively prosecute "career criminals.'' The ACCA imposes a mandatory sentence of at least fifteen years, and up to life imprisonment, for illegal possession of a firearm by anyone who has three prior convictions for violent felonies or serious drug offenses "committed on occasions different from one another."

To apply the ACCA, judges must determine first whether the defendant's prior convictions meet the definitions of "violent felony or serious drug offense," and secondly whether the offenses were committed on different occasions so that they …


Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos Jun 1991

Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos

Cardozo Law Review

No abstract provided.


Tradition, Precedent, And Justice Scalia, David A. Strauss Jun 1991

Tradition, Precedent, And Justice Scalia, David A. Strauss

Cardozo Law Review

No abstract provided.


Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman Jun 1991

Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman

Cardozo Law Review

No abstract provided.


Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr. Jun 1991

Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Employer Recapture Of Erisa Contributions Made By Mistake: A Federal Common Law Remedy To Prevent Unjust Enrichment, J. Daniel Plants Jun 1991

Employer Recapture Of Erisa Contributions Made By Mistake: A Federal Common Law Remedy To Prevent Unjust Enrichment, J. Daniel Plants

Michigan Law Review

This Note investigates more fully the policies animating ERISA in order to ascribe an appropriate construction to the mistaken contribution section. Part I analyzes the Ninth Circuit's anomalous implied cause of action theory. Searching the legislative history as well as ERISA's language and structure, this Part finds lacking the requisite expression of congressional intent to support a statutorily implied remedy. As an alternative, Part II explores the appropriateness of common law relief. Part II defends the creation of common law relief by the federal courts as consistent with the direct and indirect evidence suggesting that Congress envisioned judicial supplementation of …


Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz Jun 1991

Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz

Cardozo Law Review

No abstract provided.


Judicial Asceticism, Larry Kramer Jun 1991

Judicial Asceticism, Larry Kramer

Cardozo Law Review

No abstract provided.


Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar May 1991

Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar

Michigan Law Review

A Review of Federal Jurisdiction by Erwin Chemerinsky and Federal Jurisdiction 1990 Supplement by Erwin Chemerinsky


The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen May 1991

The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen

Scholarly Works

A cornerstone of the United States Constitution is its separation of powers among the legislative, executive, and judicial branches of the national government. The Framers of the Constitution reasoned that separated powers would guard against tyranny by blocking the undue concentration of authority in any single governmental department. In crafting the Constitution, however, the Framers could not anticipate every dispute their scheme of separated powers might engender. One modern separation-of-powers conflict not specifically anticipated by the constitutional text involves so-called "intracircuit nonacquiescence.”

Intracircuit nonacquiescence occurs when executive-branch decision makers refuse to follow a circuit court's precedents even when acting subject …


The Screening Of Appeals: The Ninth Circuit's Experience In The Eighties And Innovations For The Nineties, John B. Oakley May 1991

The Screening Of Appeals: The Ninth Circuit's Experience In The Eighties And Innovations For The Nineties, John B. Oakley

BYU Law Review

No abstract provided.


The Monroe Mystery Solved: Beyond The "Unhappy History" Theory Of Civil Rights Litigation, Louise Weinberg May 1991

The Monroe Mystery Solved: Beyond The "Unhappy History" Theory Of Civil Rights Litigation, Louise Weinberg

BYU Law Review

No abstract provided.


Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan May 1991

Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan

Michigan Law Review

A Review of The Transformation of Criminal Justice: Philadelphia, 1800-1880 by Allen Steinberg


Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman May 1991

Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman

BYU Law Review

No abstract provided.


Patent Venue: One More Attempt To Broaden The Statute, David Fogg May 1991

Patent Venue: One More Attempt To Broaden The Statute, David Fogg

BYU Law Review

No abstract provided.


Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve May 1991

Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve

BYU Law Review

No abstract provided.


Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey May 1991

Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey

BYU Law Review

No abstract provided.


Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael Wells May 1991

Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael Wells

BYU Law Review

No abstract provided.


Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow May 1991

Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow

BYU Law Review

No abstract provided.


Dealing With Younger Abstention As A Part Of Federal Courts Reform-The Role Of The Vanishing Proposal, George D. Brown May 1991

Dealing With Younger Abstention As A Part Of Federal Courts Reform-The Role Of The Vanishing Proposal, George D. Brown

BYU Law Review

No abstract provided.


The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris Apr 1991

The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris

Florida State University Law Review

No abstract provided.


Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler Apr 1991

Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler

All Faculty Scholarship

No abstract provided.