Constitutional Restraints on Protecting State Interests in Water Rights

33 pages. Contains references

Bradwell v. State: Some Reflections Prompted by Myra Bradwell\u27s Hard Case That Made Bad Law

Bradwell and Slaughter-House deserve study together for a second reason. These two decisions provide useful lessons for our time about the Equal Rights Amendment (ERA).10 They demonstrate that the consequences of a constitutional amendment—particularly one written in abstract and grand terms like the fourteenth amendment or the ERA—are unpredictable and dependent upon imponderables such as the sequence of cases on the Court\u27s calendar

The Effects of a Human Immunodeficiency Virus Diagnosis on the Identities of Black African Women

Black African women make up a significant proportion of the people living with a human immunodeficiency virus (HIV) in the UK and yet they represent an underserved population in terms of research regarding their experiences. Little is known regarding if and how a HIV diagnosis impacts on the personal and social identities of Black African women and in particular, if this population experience HIV-related self-stigma. This gap may exist due to a lack of acknowledgement regarding how different aspects of identity related to Black African women living with HIV in the UK interact with public attitudes, along with the political, social and health systems within the UK. Using a critical realist stance, this research was designed to address this knowledge gap and explore the experiences of a HIV diagnosis on the identities of Black African Women living with HIV in the UK. Photovoice, a participatory action research method was used to ensure collaboration between the researcher and participants, with a focus on social justice. Participants took photographs that they felt represented their identity, provided a description of their photographs and took part in a semi-structured interview using Photovoice techniques to explore the strengths and challenges within the sample’s identity. Five Black African women living with HIV were interviewed. Two women provided two photographs and one woman provided one photograph for use in the research. Thematic analysis was used to analyse the data. Two main themes were identified: ‘retention of self’ and ‘prevalence of outdated information’. Participants described how holding onto personal values was important for them to retain control of their narrative, in spite of awareness of negative attitudes and social or structural barriers regarding their HIV status. None of the women internalised the negative stereotypes that they were aware of, regarding their HIV status. Implications regarding future research, including further considerations of the impact of the intersectionalities of identity are considered, along with clinical and policy implications of the results of this study

Pure Water, Pure Law, and Pure Nonsense: Outline

24 pages

Save the Columbia River for Posterity or What Has Posterity Done for Your Lately?

Drawing on experience gained in ten years of fighting California\u27s water battle against Arizona, Professor Corker evaluates the arguments currently voiced against diversion of water from the Columbia River Basin to the Colorado River Basin. Based on his prediction that water will at some point in the future be diverted from the Columbia, he concludes that the Northwest would be well-advised to participate in formulating national water plans now, before it is too late

Thou Shalt Not Fill Public Waters Without Public Permission—Washington\u27s Lake Chelan Decision

On December 4, 1969, the public won a significant victory in the Supreme Court of Washington. The court ordered defendants who had filled their lands, which are seasonally inundated by the waters of Lake Chelan, to remove the fill because it obstructed the rights of plaintiffs and the public to swim, boat, fish, bathe, recreate, and navigate in the waters of the lake. This principle applies to all navigable waters of the state The sweeping character of the decision is demonstrated by the narrow ground on which three of the judges dissented, in part, to Judge Mathew W. Hill\u27s majority opinion. The dissenters would have allowed the fill to remain, because it was on land above what had been the natural level of Lake Chelan before a hydroelectric project initiated in 1927 caused the lake surface to fluctuate seasonally

Constitutional Restraints on Protecting State Interests in Water Rights

33 pages. Contains references

Where Does the Beach Begin, and to What Extent Is This a Federal Question?

In Hughes v. State, the Washington Supreme Court decided that the boundary between upland and tideland is the vegetation line as it existed in 1889. Its decision conflicts with an earlier decision of the Court of Appeals for the Ninth Circuit which followed the United States Supreme Court\u27s decision in City of Los Angeles v. Borax Consol., Ltd. The decisions conflict both on criteria for locating the boundary and on its fixed or movable character. Underlying both questions are fundamental issues about the extent to which state or federal law provides the answers. After extensive analysis of these answers, Professor Corker concludes that unless the United States Supreme Court grants certiorari in Hughes, the confusion which has long characterized this field will continue. Professor Corker analyzes both the substantive and jurisdictional issues. While sharply critical of the Washington Supreme Court\u27s techniques of decision, he argues that state law, either directly or as incorporated in federal law, must influence the ultimate decision if just and workable boundary rules are to result. His conclusion requires modification or rejection of the Borax decision, which he asserts even the United States Bureau of Land Management has honored by a policy of conscious forgetfulness

Pure Water, Pure Law, and Pure Nonsense: Outline

24 pages

The Integrity of the Printed Judicial Decision

Marsden v. Patane, 369 F.2d 439 (5th Cir. 1966) (2-1 decision), was decided December 13, 1966, and printed by West Publishing Company in advance sheet 369 F.2d No. 2, dated February 6, 1967. The court reversed summary judgment for plaintiff in a wrongful death action on the ground that under applicable Florida law running a stop sign is only prima facie evidence of negligence, and therefore should be considered by the jury along with evidence (1) of defendant\u27s unfamiliarity with the area of the accident, (2) that a vehicle in front of the defendant has misled defendant by failing to stop, and (3) that another car had distracted defendant\u27s attention. When the bound and permanent volume identified as 369 F.2d appeared, Marsden v. Patane was missing. The space it had occupied in the February 6 advance sheet contains In re Lenrick Sales, Inc., a bankruptcy case decided February 15, 1967, by the Court of Appeals for the Third Circuit. Lenrick Sales had first appeared in advance sheet 373 F.2d No. 3, dated April 24, 1967 (pages 361-536) which contains following page 536 a sheet labelled APPENDIX. The appendix is Lenrick Sales with running head: Cite as 369 F.2d 439 (1967). The pages are numbered 439 through 443; the first and last pages are partially filled and the print position corresponds to Marsden v. Patane in advance sheet 369 F.2d No. 2