AuthorTitleCitationSummaryYear
Larry W. George PUBLIC RIGHTS IN WEST VIRGINIA WATERCOURSES: A UNIQUE LEGACY OF VIRGINIA COMMON LANDS AND THE JUS PUBLICUM OF THE ENGLISH CROWN 101 West Virginia Law Review 407 (Winter, 1998) I. L2-3,T3introduction 409. II. L2-3,T3the Common Law 411. A. Historical Context: Land Policy and Non-tidal Navigation During the Colonial Period. 411 B. Non-tidal Watercourses Conveyed to Riparian Patentees and Grantees. 413 C. Sovereign Protection of Certain Public Uses as Jus Publicum. 415 III. L2-3,T3statutory Revisions in the Common Law 417.... 1998
Barbara A. Cosens THE 1997 WATER RIGHTS SETTLEMENT BETWEEN THE STATE OF MONTANA AND THE CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION: THE ROLE OF COMMUNITY AND OF THE TRUSTEE 16 UCLA Journal of Environmental Law & Policy 255 (1997-1998) Established on September 7, 1916 for Rocky Boy's Band of Chippewas and . . . other homeless Indians, the Rocky Boy's Reservation is home to over 3,000 Tribal members. The Reservation's annual population growth rate is in excess of three percent. The Reservation has an estimated seventy percent unemployment. Forty-nine percent of the population... 1998
Brenda D. Diluigi THE NOTARI ALTERNATIVE: A BETTER APPROACH TO THE SQUARE-PEG-ROUND-HOLE PROBLEM FOUND IN REVERSE DISCRIMINATION CASES 64 Brooklyn Law Review 353 (Spring 1998) Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. Title VII creates a comprehensive scheme, defining unfair employment practices and... 1998
Anthony Paul Kearns, III THE RIGHT TO FOOD EXISTS VIA CUSTOMARY INTERNATIONAL LAW 22 Suffolk Transnational Law Review 223 (Winter, 1998) For the first time in history, international agricultural output exceeds the amount of food necessary to feed the entire world. Despite this monumental milestone, over twenty-four people will die, either directly or indirectly from hunger in the time it takes the average reader to read this introduction. Chronic hunger has many victims. It afflicts... 1998
Victor B. Flatt A DIRTY RIVER RUNS THROUGH IT (THE FAILURE OF ENFORCEMENT IN THE CLEAN WATER ACT) 25 Boston College Environmental Affairs Law Review 1 (Fall, 1997) On March 15, 1996, the Atlanta Bar Association's Section on Environmental Law hosted a presentation concerning the City of Atlanta's continuing non-compliance with the terms of its NPDES permit related to municipal sewage treatment discharges. This ongoing problem recently had come to the forefront of local news stories, and the meeting was heavily... 1997
Kaylee Ann Newell FEDERAL WATER PROJECTS, NATIVE AMERICANS AND ENVIRONMENTAL JUSTICE: THE BUREAU OF RECLAMATION'S HISTORY OF DISCRIMINATION 20-JUN Environs Environmental Law and Policy Journal 40 (June, 1997) No matter what color you are, you get thirsty. Cecil Williams, Papago Tribal Chairman, 1979 The history of the United States is littered with examples of poor treatment of indigenous populations. From the time of white settlement of this country, Native Americans have been looked upon as a savage, uncivilized people. This view of Native Americans... 1997
Amy E. Fortenberry MOVING VIOLATIONS: VIOLATIONS OF THE CLEAN WATER ACT AND IMPLICATIONS FOR CERCLA'S FEDERALLY PERMITTED RELEASE EXCEPTION 24 Boston College Environmental Affairs Law Review 821 (Summer, 1997) Operation of the canon expressio unius est exclusio alterius (the inclusion of one is the exclusion of the other) indicates that if a permit allows the discharge of pollutants A, B, and C, then the discharge by the same point source of pollutant D is a violation of the permit conditions. Recently, however, defendants with National Pollutant... 1997
Elizabeth Ann Ho-oipo Kala'ena'auao Pa Martin, David Lynn Martin, David Campbell Penn, and Joyce E. McCarty CULTURES IN CONFLICT IN HAWAI'I: THE LAW AND POLITICS OF NATIVE HAWAIIAN WATER RIGHTS 18 University of Hawaii Law Review 71 (Winter/Spring, 1996) I. L2-4,T4A Critical Juncture in Hawaiian Water Rights 72 II. L2-4,T4Historical Background 83 A. L3-4,T4Traditional and Customary Beliefs, Values and Practices 83. B. L3-4,T4Colonization 90. C. L3-4,T4Development of Common Law 97. III. L2-4,T4The Hawaii Water Code 105 A. L3-4,T4Enacting the Code 105. B. L3-4,T4Designation of Ground Water Management... 1996
Sylvia F. Liu AMERICAN INDIAN RESERVED WATER RIGHTS: THE FEDERAL OBLIGATION TO PROTECT TRIBAL WATER RESOURCES AND TRIBAL AUTONOMY 25 Environmental Law 425 (Spring, 1995) In the arid American West, the American Indian reserved water rights doctrine has been a source of conflict between tribal water users and state law appropriators. This Comment explores current disputes over the controversial practicably irrigable acreage (PIA) standard used to quantify the water right, including disputes over whether... 1995
E. Jane Ellis INTERNATIONAL LAW AND OILY WATERS: A CRITICAL ANALYSIS 6 Colorado Journal of International Environmental Law and Policy 31 (Winter, 1995) . . . the OCEAN, that expanse of water which antiquity describes as the immense. the infinite, bounded only by the heavens, parent of all things; the ocean which the ancients believed was perpetually supplied with water not only by fountains, rivers, and seas, but by the clouds, and by the very stars of heaven themselves; the ocean which, although... 1995
Linda L. Ammons MULES , MADONNAS, BABIES, BATH WATER, RACIAL IMAGERY AND STEREOTYPES: THE AFRICAN -AMERICAN WOMAN AND THE BATTERED WOMAN SYNDROME 1995 Wisconsin Law Review 1003 (1995) Introduction. 1004 I. Battered Woman Syndrome and Post-traumatic Stress Disorder. 1008 A. Plight of Battered Black Women. 1017 II. The African Woman in America. 1030 A. Paternalism, Pedestals and Presumptions: No Mirror Images for African-American Women. 1034 III. Stereotypes: The Impact of Historical Cultural Representations. 1045 IV. Stereotypes... 1995
Michael A. Zubrensky DESPITE THE SMOKE, THERE IS NO GUN: DIRECT EVIDENCE REQUIREMENTS IN MIXED-MOTIVES EMPLOYMENT LAW AFTER PRICE WATERHOUSE v. HOPKINS 46 Stanford Law Review 959 (April, 1994) Plaintiffs in mixed-motives employment discrimination suits often face the daunting task of producing direct evidence of the defendant's improper motive, despite the fact that discrimination may be subtle or covert. Charting the emergence of mixed-motives liability, Michael Zubrensky argues that courts requiring such smoking gun evidence are... 1994
Vernice D. Miller PLANNING, POWER AND POLITICS: A CASE STUDY OF THE LAND USE AND SITING HISTORY OF THE NORTH RIVER WATER POLLUTION CONTROL PLANT 21 Fordham Urban Law Journal 707 (Spring 1994) During the past fifteen years, much research and public attention has been devoted to environmental racism -- targeting communities of color for the siting and placement of environmentally undesirable facilities and substances primarily because of the racial composition of these communities. This Essay discusses one example of environmental racism... 1994
Melissa A. Essary THE DISMANTLING OF MCDONNELL DOUGLAS v. GREEN: THE HIGH COURT MUDDIES THE EVIDENTIARY WATERS IN CIRCUMSTANTIAL DISCRIMINATION CASES 21 Pepperdine Law Review 385 (1994) The broad, overriding interest, shared by employer, employee, and consumer, is efficient and trustworthy workmanship assured through fair and racially neutral employment and personnel decisions. In the implementation of such decisions, it is abundantly clear that Title VII tolerates no racial discrimination, subtle or otherwise. Twenty years have... 1994
Nola Zevnick, Ronni Davis PRICE WATERHOUSE REVISITED: WILL THE CIVIL RIGHTS ACT OF 1991 CURE THE DEFECTS 15 Women's Rights Law Reporter 87 (Fall 1993) The passage of the Civil Rights Act of 1964 was the culmination of years of struggle to bring racial equality to this country. As enacted, Title VII of the Act prohibited employment discrimination not only on the basis of race, but also on the basis of color, religion, national origin or sex. Its purpose was to eliminate the subordination of... 1993
Jerome McCristal Culp, Jr. WATER BUFFALO AND DIVERSITY: NAMING NAMES AND RECLAIMING THE RACIAL DISCOURSE 26 Connecticut Law Review 209 (Fall, 1993) Clarence Thomas, second African-American appointed to the United States Supreme Court, to a largely white audience at Mercer Law School: When I left Georgia over 25 years ago, the familiar sources of unkind treatment and incivility were the bigots. Today, ironically, a new brand of stereotypes and ad hominem assaults are surfacing across the... 1993
Monique C. Shay PROMISES OF A VIABLE HOMELAND, REALITY OF SELECTIVE RECLAMATION: A STUDY OF THE RELATIONSHIP BETWEEN THE WINTERS DOCTRINE AND FEDERAL WATER DEVELOPMENT IN THE WESTERN UNITED STATES 19 Ecology Law Quarterly 547 (1992) C1-3CONTENTS L1-2Introduction 548 I. Settlement of the West and Non-Indian Water Development. 549 A. Free Land for Farmers - The Homestead Acts. 549 B. Reclamation - Where There's a Will, There's Federal Financing. 550 C. State Water Law - Prior Appropriation. 552 II. Water for the Reservations. 555 A. Assimilation Through Allotment. 555 B.... 1992
Thomas W. Clayton THE POLICY CHOICES TRIBES FACE WHEN DECIDING WHETHER TO ENACT A WATER CODE 17 American Indian Law Review 523 (1992) For many tribes in the West, water rights represent the one resource, not taken away, that can aid them in economic and social development. At the same time, unquantified Indian reserved rights create a cloud of uncertainty over the rights of water users under state law, and threaten the states' ability to oversee further development of their... 1992
Charles A. Sullivan ACCOUNTING FOR PRICE WATERHOUSE: PROVING DISPARATE TREATMENT UNDER TITLE VII 56 Brooklyn Law Review 1107 (Winter, 1991) No one does anything from a single motive. Samuel Taylor Coleridge Sometimes they acted . in the muddle of motives which is familiar to us all. David Howarth From the perspective of the civil rights community, the Supreme Court Term which ended in July of 1989 was a tragedy. The Court undertook a sweepingly revisionist interpretation of Title VII... 1991
Darlene D. Bullock THE ORDER AND ALLOCATION OF PROOF IN MIXED-MOTIVE DISCRIMINATION casES: PRice waterhouse v. hopkins 2 George Mason University Civil Rights Law Journal 117 (Summer, 1991) Title VII cases have inundated the federal court system since the Civil Rights Act was enacted in 1964. For nearly three decades the Supreme Court has struggled to develop a framework for the proper order and allocation of proof in a Title VII discrimination case. The critical burden of proof determination becomes more complex where a defendant... 1991
John S. Martin WATER LAW AND ECONOMIC POWER: A REINTERPRETATION OF MORTON HORWITZ'S SUBSIDY THESIS 77 Virginia Law Review 397 (March, 1991) Did nineteenth-century American judges alter the common law in order to subsidize industrial development? This is the thesis of Morton Horwitz's prizewinning book The Transformation of American Law. Published in 1977, the book has been called o ne of the five most significant books ever published in the field of American legal history. In it... 1991
Alfred W. Blumrosen SOCIETY IN TRANSITION II: PRICE WATERHOUSE AND THE INDIVIDUAL EMPLOYMENT DISCRIMINATION CASE 42 Rutgers Law Review 1023 (Summer1990) And thus the native hue of resolution Is sicklied o'er with the pale cast of thought, And enterprises of great pitch and moment With this regard their currents turn awry, And lose the name of action. . . . William Shakespeare, Hamlet, Act III, Sc. 1. In the 1960's, the pervasive subordination of minorities and women was finally addressed by a... 1990
Eric F. Greenberg THE CHANGING FOOD LABEL: THE NUTRITION LABELING AND EDUCATION ACT OF 1990 3 Loyola Consumer Law Reporter 10 (Fall, 1990) Food labels have been called informative, straightforward and crucial to consumers. At the same time, critics argue that food labels are confusing, overly complex and irrelevant. As a result, federal and state legislators and regulators have struggled for several years to update food labeling standards. The debate surrounding new food labeling... 1990
Bonnie H. Schwartz PRICE WATERHOUSE v. HOPKINS, 57 U.S.L.W. 4469 (U.S. MAY 1, 1989) (NO. 87-1167): CAUSATION AND BURDENS OF PROOF IN TITLE VII MIXED MOTIVE CASES 21 Arizona State Law Journal 501 (Summer, 1989) In Price Waterhouse v. Hopkins, sexual stereotypes played a significant, albeit unquantifiable, role in the partnership selection process at Price Waterhouse and, specifically, in the rejection of Ann Hopkins's bid for admission to the partnership. Legitimate concerns about Hopkins's abrasive personality also motivated Price Waterhouse's decision... 1989
Charles C. Reynolds PROTECTING OREGON'S FREE-FLOWING WATER 19 Environmental Law 841 (1989) This Comment provides an historical overview of the Oregon Scenic Waterways Act, surveys the substantive and procedural provisions of the Act, and analyzes the issue of whether the Federal Power Act preempts the Oregon law. The author concludes that while the Act is flawed by designating new rivers for protection, the Act has protected scenic and... 1989
Charles T. DuMars , A. Dan Tarlock SYMPOSIUM INTRODUCTION: NEW CHALLENGES TO STATE WATER ALLOCATION SOVEREIGNTY 29 Natural Resources Journal 331 (Spring, 1989) Western states are facing new challenges to their traditional water allocation primacy beyond the perennial problems of federal reserved rights and reclamation law. These challenges come from recent Supreme Court decisions announcing federalism doctrines that may allow a court to displace state law, and from state court decisions that may require... 1989
Clifford W. Schulz , Gregory S. Weber CHANGING JUDICIAL ATTITUDES TOWARDS PROPERTY RIGHTS IN CALIFORNIA WATER RESOURCES: FROM VESTED RIGHTS TO UTILITARIAN REALLOCATION 19 Pacific Law Journal 1031 (July, 1988) I. Introduction. 1032 II. The Nature of Property Interests. 1033 III. Common Law and Civil Law Sources for Private Property Interests in California Waters. 1037 A. Roman and Civil Law Sources. 1038 B. Common Law Development of Property in Water. 1040 C. Early Cases From the Eastern United States. 1044 IV. Traditional Judicial Attitudes in... 1988
Walter Sterling Surry , Benjamin P. Fishburne, III , M. Javade Chaudhr; JOINT VENTURES IN CHINA: THE FIRST WATER STOP 21 Texas International Law Journal 221 (Spring, 1986) C1-3SUMMARY I. INTRODUCTION. 222 II. STATUTORY JOINT VENTURES. 224 A. The Joint Venture Law. 224 B. The Joint Venture Regulations. 226 1. Establishment of the Joint Venture. 227 2. Contractual Documentation. 228 a) The Joint Venture Contract. 229 b) Articles of Association of the Joint Venture. 230 3. Capitalization of the Joint Venture. 231 4.... 1986
Eric T. Freyfogle LUX v. HAGGIN AND THE COMMON LAW BURDENS OF MODERN WATER LAW 57 University of Colorado Law Review 485 (Spring, 1986) Lux v. Haggin, a century old this year, was a big case. The opinion in Lux ran nearly two hundred pages and remains the longest decision ever rendered by the California Supreme Court. The trial drew the attention of water users throughout the state. At the plaintiffs' table sat Henry Miller, a man of modest German heritage who began his business... 1986
Daniel E. Durden REPUBLICANS AS A PROTECTED CLASS?: HARRISON v. KVAT FOOD MANAGEMENT, INC. AND THE SCOPE OF SECTION 1985(3) 36 American University Law Review 193 (Fall, 1986) The backlash of unrestrained political violence in many Southern states following the Civil War led Congress to enact the Ku Klux Klan Act of 1871 (the Act). The political nature of the spiraling level of violence threatened the execution of Reconstruction policy throughout the region. Congress intended the Act to strike at all facets of... 1986
Matthew L. Fick WATER RIGHTS ON INDIAN RESERVATIONS-TRANSFERABILITY OF INDIAN WATER RIGHTS-STATE ADMINISTRATION OF NON-INDIAN WATER RIGHTS WITHIN THE RESERVATION- COLVILLE CONFEDERATED TRIBES v. WALTON, 647 F.2D 42 (9TH CIR.), CERT.DENIED, 454 U.S. 1092 (1981). 58 Washington Law Review 89 (December, 1982) No Name Creek is a small spring-fed stream lying entirely within the Colville Indian Reservation in north-central Washington. The creek basin is divided into seven irrigable parcels, all originally allotted to individual Indians. Four allotments are held in trust for the Colville Confederated Tribes (Tribe). Three are owned by the Waltons,... 1982
David S. Bradshaw WATER IN THE WOODS: THE RESERVED-RIGHTS DOCTRINE AND NATIONAL FOREST LANDS 20 Stanford Law Review 1187 (June, 1968) The reserved rights doctrine recognizes the power of the United States, upon the withdrawal of lands from the public domain, to reserve water sufficient to fulfill the purposes for which the lands have been withdrawn. Until recently this doctrine was applied solely to the water rights of Indian reservations. In Arizona v. California, however, the... 1968
A. Dan Tarlock COLORADO ENCOURAGES RAPID DEPLETION OF ITS GROUND-WATER RESOURCES 16 Stanford Law Review 721 (May, 1964) Natural ResourcesWater and Water Courses.Plaintiffs sought to enforce a 1948 decree which recognized their rights to waters appropriated from an artesian aquifer. The trial court enjoined the defendant users from taking water or allowing it to flow to an extent preventing plaintiffs from obtaining their decreed amounts. Further, the court ordered... 1964
R. Richard Roberts PROBLEMS CONNECTED WITH THE DISTRIBUTION OF IRRIGATION WATER IN TEXAS 31 Texas Law Review 373 (April, 1953) The subject matter of this discussion will be presented in the form of a history of one year's operation of what is believed to be a fairly typical rice irrigation system operated by a private corporation. What is presented is equally applicable to irrigation of any other crop. The peculiarities of a particular crop may raise isolated problems... 1953
  EASEMENTS - MODES OF ACQUISITION - IMPLIED GRANT AND RESERVATION - IMPLIED RESERVATION OF RIGHT TO FLOWAGE OF WATER IN MILL-RACE 30 Harvard Law Review 648 (April, 1917) A tract of land included a mill and an artificial mill-race. This mill-race was used solely in connection with the mill. The owner conveyed part of the tract, containing the mill and the inlet and outlet of the mill-race, to a milling company. Later he conveyed the rest of the land, containing the middle of the race, to a town. The mill company... 1917
Samuel C. Wiel, San Francisco, Cal. MINGLING OF WATERS 29 Harvard Law Review 137 (December, 1915) RIVERS are sometimes artificially joined by building a conduit near the head of one of them and conducting its flow across the divide into the other. A mill situated upon the divide and run by water power will serve as an illustration, although the situation arises more commonly in irrigation projects, mining enterprises, and the establishment of... 1915
  WATER-RIGHTS - COVENANTS RUNNING WITH THE LAND 3 Harvard Law Review 234 (December 15, 1889) A number of lots on the west side of a river were supplied with water for manufacturing purposes through Brown's race. These lots were owned by different persons who were entitled in severalty to the use of the water in the race. These owners banded together to purchase a lot On the cast side of the river, and made an agreement which showed... 1889
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