| 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 |
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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 |
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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 |