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Articles 61 - 90 of 167
Full-Text Articles in Litigation
Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert
Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert
Publications
No abstract provided.
Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd
Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd
Publications
No abstract provided.
Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board
Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board
Publications
No abstract provided.
Environmental Flow Issues & Science, Tom Annear
Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger
Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger
Publications
No abstract provided.
Environmental Flows Allocation Process In Texas, Kevin Mayes
Environmental Flows Allocation Process In Texas, Kevin Mayes
Publications
No abstract provided.
Riparian Area And Upper Watershed Condition, Mary Steuver
Riparian Area And Upper Watershed Condition, Mary Steuver
Publications
No abstract provided.
Geomorphic Condition And Shallow Aquifers, Shann Stringer
Geomorphic Condition And Shallow Aquifers, Shann Stringer
Publications
No abstract provided.
A Critical Legal Rhetoric Approach To In Re African-American Slave Descendants Litigation, Lolita Buckner Inniss
A Critical Legal Rhetoric Approach To In Re African-American Slave Descendants Litigation, Lolita Buckner Inniss
Publications
In this paper I apply critical legal rhetoric to the judicial opinion rendered in response to the Defendants' Motion to Dismiss Plaintiffs' Second Amended and Consolidated Complaint in 'In Re African American Slave Descendants', a case concerning the efforts of a group of modern-day descendants of enslaved African-Americans to obtain redress for the harms of slavery. The chief methodological framework for performing critical legal rhetorical analysis comes from the work of Marouf Hasian, Jr. particularly his schema for analysis which he calls substantive units in critical legal rhetoric. Critical legal rhetoric is a potent tool for exposing the …
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff
Publications
This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet in-depth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from 1959 …
Front Loading And Heavy Lifting: How Pre-Dismissal Discovery Can Address The Detrimental Effect Of Iqbal On Civil Rights Cases, Suzette M. Malveaux
Front Loading And Heavy Lifting: How Pre-Dismissal Discovery Can Address The Detrimental Effect Of Iqbal On Civil Rights Cases, Suzette M. Malveaux
Publications
Although the Federal Rules of Civil Procedure are trans-substantive, they have a greater detrimental effect on certain substantive claims. In particular, the Supreme Court’s recent interpretation of Rule 8(a)(2)’s pleading requirement and Rule 12(b)(6)’s dismissal criteria - in Bell Atlantic v. Twombly and Ashcroft v. Iqbal - sets forth a plausibility pleading standard which makes it more difficult for potentially meritorious civil rights claims alleging intentional discrimination to survive dismissal. Such claims are more vulnerable to dismissal because: plaintiffs alleging intentional discrimination often plead facts consistent with both legal and illegal conduct; discriminatory intent is often difficult, if not impossible, …
Contemporary Water Issues, Susan Kelly
Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.
Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.
Publications
No abstract provided.
Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby
Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby
Publications
No abstract provided.
New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst
New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst
Publications
No abstract provided.
Steps To Flow Restoration: Lessons From The Northwest, Reed D. Benson
Steps To Flow Restoration: Lessons From The Northwest, Reed D. Benson
Publications
No abstract provided.
The Pragmatics Of Allocating Water For Stream Flows, Steve Harris
The Pragmatics Of Allocating Water For Stream Flows, Steve Harris
Publications
No abstract provided.
Telluride's Tale Of Eminent Domain, Home Rule, And Retroactivity, Richard B. Collins
Telluride's Tale Of Eminent Domain, Home Rule, And Retroactivity, Richard B. Collins
Publications
Telluride, Colorado, won an eminent domain battle with San Diego billionaire Neal Blue, but only after paying his price and his attorney's fees. The town passed a condemnation ordinance by popular initiative to take 572 acres adjacent to the town. The landowner obtained a state statute intended to forbid the town's action. The trial judge held the statute invalid under Colorado's constitutional home rule amendment. Town officials negotiated a compromise with the landowner, but its voters rejected it. The valuation trial was moved to a neighboring county much more favorable to the landowner, and the jury gave him his full …
Created In Its Image: The Race Analogy, Gay Identity, And Gay Litigation In The 1950s-1970s, Craig J. Konnoth
Created In Its Image: The Race Analogy, Gay Identity, And Gay Litigation In The 1950s-1970s, Craig J. Konnoth
Publications
Existing accounts of early gay rights litigation largely focus on how the suppression and liberation of gay identity affected early activism. This Note helps complicate these dynamics, arguing that gay identity was not just suppressed and then liberated, but substantially transformed by activist efforts during this period, and that this transformation fundamentally affected the nature of gay activism. Gay organizers in the 1950s and 1960s moved from avoiding identity-based claims to analogizing gays to African-Americans. By transforming themselves in the image of a successful black civil rights minority, activists attempted to win over skeptical courts in a period when equal …
Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart
Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart
Publications
It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five …
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
Publications
In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a central, yet controversial, role. Organizational behavioralists and social psychologists regularly testify for the plaintiffs, offering what is commonly referred to as social framework testimony. These experts explain the general social science research on the operation of stereotyping and bias in decision making and examine the challenged workplace to identify those policies and practices that research has shown will tend to increase and those that will tend to limit the likely impact of these factors. Defendants fight hard against the admission of social …
Regulating Land Use - Protecting The Water, Joseph Quintana
Regulating Land Use - Protecting The Water, Joseph Quintana
Publications
No abstract provided.
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Publications
No abstract provided.
Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.
Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.
Publications
No abstract provided.
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Publications
No abstract provided.
Are We Making The Land/Water Connection?, Lora A. Lucero
Are We Making The Land/Water Connection?, Lora A. Lucero
Publications
No abstract provided.
Land & Water Planning In The Middle Valley, Sandy Fish
Land & Water Planning In The Middle Valley, Sandy Fish
Publications
No abstract provided.
Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn
Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn
Publications
No abstract provided.
Ethics, Professionalism And Politics, Ronald Kaiser
Ethics, Professionalism And Politics, Ronald Kaiser
Publications
No abstract provided.
Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney
Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney
Publications
No abstract provided.