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The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells

Scholarly Works

The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …

History Comes Calling: Dean Griswold Offers New Evidence About The Jurisdictional Debate Surrounding The Enactment Of The Declaratory Judgment Act, Donald L. Doernberg, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In a recent article, we proposed that the Declaratory Judgment Act of 1934 was intended, contrary to the Supreme Court's long-standing interpretation, to enlarge the subject matter jurisdiction of the federal courts. When Congress considered the Act, jurisdictional concerns centered around whether declaratory judgments would violate the case-or-controversy clause, not whether introduction of the device would expand the federal question jurisdiction Congress already had authorized. There is, indeed, substantial evidence that Congress intended to expand federal question jurisdiction to include at least two, and possibly three, case models; there is virtually no evidence supporting the contrary position taken by the …

Timber Harvesting On Private Lands: The Washington Timber– Fish–Wildlife Agreement, John P. Mcmahon

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains 3 pages of references.

Bay/Delta Standards Memorandum And Exhibits, Thomas J. Graff

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

47 pages.

The 1987 Nonpoint Source Pollution Amendments And State Progress Under The New Program, John H. Davidson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

143 pages.

Contains 4 pages of references.

Antidegradation And Nonpoint Source Pollution In The West, H. Michael Anderson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

31 pages.

Contains references.

Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains references.

The San Joaquin–Sacramento Delta, David R. Beringer

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

20 pages.

Contains 2 pages of references.

Public Land Livestock Grazing, Water Quality And Riparian Ecosystems: The Evolving Legal And Technical Context, Richard H. Braun

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

8 pages.

Contains 1 page of references.

Legal Issues: San Francisco Bay, Sacramento-San Joaquin River Delta And Estuary, Stuart L. Somach

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

48 pages.

Contains footnotes.

Effects Of Upstream Transfers On Water Quality Permittees: A Summary Of Practical Problems And Solutions, Lee Kapaloski

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

19 pages.

Contains 3 pages of footnotes.

Section 404: The Nasty Business Of The Clean Water Act, Oliver A. Houck

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

9 pages.

Contains references.

Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

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

Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.

Enforcement Issues In Water Pollution Control, Henry W. Ipsen

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

29 pages.

The Effluent Charge Approach To Water Quality Control, Ralph W. Johnson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

10 pages.

Contains references.

Instream Flows, The Public Trust, And The Future Of The West, Harrison C. Dunning

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

65 pages (includes illustrations).

Contains 28 pages of footnotes.

Keeping The Waters Flowing: Streamflow Protection Programs, Strategies And Issues In The West, Steven J. Shupe

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

44 pages.

Contains 2 pages of footnotes.

Agenda: Instream Flow Protection In The Western United States: A Practical Symposium, University Of Colorado Boulder. Natural Resources Law Center

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

Conference speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Virtually all western states now provide some kind of legal recognition for instream flows. On March 31-April 1, the Natural Resources Law Center will present a symposium on the different approaches taken in these states, with emphasis on such major issues as the purposes for instream flows, the quantities of water needed for these purposes, enforcement of instream flow rights, federal instream flow claims, private instream flow claims, and transferring consumptive water rights to instream flow rights. Speakers include representatives from state agencies …

Instream Flows In Idaho, Josephine P. Beeman, Kenneth R. Arment

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

23 pages.

Contains footnotes.

Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.

Repositioning Arizona Lands, D. Dean Bibles

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

10 pages.

Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

79 pages.

Carrying Capacity In The National Parks, Denis P. Galvin

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

4 pages.

Blm Land Planning And Consistency Obligations To Provide For Protection Of Natural Values On Adjacent Protected Lands, William J. Lockhart

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

60 pages.

Watershed Management And Water Quality Protection, Thomas E. Wilson

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

11 pages.

Contains references (page 1).

Wilderness Protection On Forest Service Lands: Badger-Two Medicine, Arnold W. Bolle

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

22 pages.

Lands Of Brighter Destiny: The Future Of The Public Lands, Elizabeth Darby Junkin

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

4 pages.

Integrating Private Water Development Activities Into Federal Land And Resource Planning And Management, James F. Engelking

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

92 pages.