1,720,965 research outputs found
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Water Federalism and the Army Corps of Engineers\u27 Role in Eastern States Water Allocation
Get PDFIt is black letter constitutional theory that the several states are the masters of their property law, and hence their water law. For that reason, states have been free to adopt regimes as widely different as reasonable use riparianism and prior appropriation, depending on local conditions and perceived needs. Superimposed on the same physical water resource network, is the United States Army Corps of Engineers (Corps). The presence of Corps\u27 facilities in basins now experiencing short supply opens the door to state and federal water allocation conflict that calls for mediation under the principles of water federalism, a doctrine that has varied considerably over time. This article will recount those changes in doctrine and then consider whether any of the past variations of water federalism are well-suited to contemporary conditions
Legal Convergence of East and West in Contemporary American Water Law
Get PDFLegal instrumentalism and legal convergence, two legal constructs, describe how American water law has developed over time. A study of early Eastern and Western water law shows that both systems are instrumentalist at their core and evolved to suit pressing developmental needs. Early on in the East, law was created to protect water use for millers, who used mills to generate power. In the West, riparian systems of the East were rejected in favor of a system that met the needs of settlers in more arid environments. Legal convergence is a concept suggesting that law governing various fields converges over time-the legal solution best adapted to solving a problem becomes the dominant approach. Legal convergence, like instrumentalism, supports the notion that in matters of societal importance, such as allocation of water resources, the law will converge around the most effective solutions. This Article explores a number of more contemporary converging, parallel developments in Eastern and Western water law where both regimes have come together despite their fundamental, underlying differences in water rights formulation. These include integration of surface water and groundwater and obtaining full utilization of the resource, elimination of situs of use restrictions, and protection of instream and other communitarian values-each example demonstrates that both regions are adopting similar responses to reach a common goal to utilize water resources to meet as many water needs as possible. This Article predicts that the next major change in Eastern and Western water law will be a convergent approach to water triage during episodes of regional water shortage
Power, Convenience, and the Elimination of Personal Jurisdiction in the Federal Courts
Get PDFAfter briefly cataloging the types of federal court cases that raise difficult conceptual issues regarding personal jurisdiction, this article will explore in detail the possible function and content of a uniquely federal concept of personal jurisdiction.
After rejecting functions based on constitutional concern for litigant convenience and federalism of the Erie R.R. v. Tompkins vein, other roles for the concept will be considered. This exploration will be expanded to consider the functions presently served by limitations on service of process and federal venue and the ability of those doctrines to subsume all useful aspects of the personal jurisdiction inquiry. A substantial departure from existing doctrine will be advocated including a uniquely federal concept of personal jurisdiction predicated on the presence of defendant within the United States, abandonment of most limits on service of process and original venue, and a heavy reliance on transfer of venue to protect litigant convenience and judicial efficiency. The gravest concerns regarding those changes will be seen to involve forum shopping for favorable choice of law. The ultimate genesis of these concerns resides in the structure of the American federal system, it is not attributable to the advocated changes in methodology of asserting the federal judicial power. Nevertheless, in the later stages of the article, an argument will be made in favor of a federal choice of law rule as the best means of minimizing the potential evils of forum shopping that arise under the advocated system. Taken together, these several changes provide a more effective basis for operating a unified system of federal courts in the present highly complex federal system
Broadening Narrow Perspectives and Nuisance Law: Protecting Ecosystem Services in the ACF Basin
Get PDFThe political stalemate among the neighboring states of Georgia, Alabama, and Florida over the cooperative management of the Apalachicola-Chattahoochee-Flint (ACF) River Basin has been chronicled in numerous articles in the past. This Article will canvas parallel ground in relation to the ACF Basin. In addition, this Article will consider the usual mantra about why the legal deck appears to be stacked against the bottom of the basin where the principal benefits of the water are derived from the ecological systems that are supported by a more natural flow regime. After that, however, the Article will explain how the greatly expanded understanding of ecosystem services that has come about in recent decades can be a counterweight to insular decision-making. The legal vehicle for that transformation is interstate public nuisance and the core principles of state sovereignty that it enables. Neither of two late twentieth century developments, preemption by comprehensive federal water pollution control legislation nor a change in equitable apportionment doctrine, are sufficient to contradict that conclusion
Walking the Beach to the Core of Sovereignty: The Historic Basis for the Public Trust Doctrine Applied in Glass v. Goeckel
Get PDFIn 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water\u27s very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned the legal rule to what had been the long accustomed practice-that the public enjoyed rights to traverse the Great Lakes coast of Michigan below the ordinary high-water mark. This Article offers extensive historical support for the public trust positions taken by the Michigan Supreme Court drawn from the Romans, the Medieval period in which modern concepts of sovereignty derived, and the English and American uses of the doctrine up through the end of the nineteenth century. These sources demonstrate that the public rights of use of the foreshore of this nation\u27s great waters, including the Great Lakes, derive from the very essence of sovereignty as it is embedded in the American system of government. Accordingly, the public trust doctrine as received and expounded in this country is properly conceived of as an inherent limitation on the sovereign that no branch of government at either the state orfederal level is free to ignore
Governmental Expansion of Recreational Water Use Opportunities
Get PDFThe growing popularity of public boating and related water-based recreation is increasingly taxing the capacity of available lakes and strearns. As a result, accelerating demands have been made for public use of otherwise unavailable, private bodies of water. Although existing \u27economic\u27 and governmental mechanisms to expand recreational opportunities may be adequate in theory, they have failed to respond to these new demands coherently. This Article proposes that government enjoys additional power to increase the public\u27s opportunity for water-based recreation.
The purpose of this Article is to lay a comprehensive, doctrinal foundation for broad governmental action. Simultaneously, this Article counsels a substantial degree of governmental self-restraint. Accordingly, the Article is in two parts. Part I describes a coherent theory of public recreational water rights applicable to all natural existing waters,\u27 including those currently viewed as wholly private. Part II describes the limits of public recreational opportunities. In particular, it advocates limiting recreational rights when necessary to afford environmental protection of lakes and streams or to insure fair treatment of private landowners. Moreover, Part II suggests that government undertake affirmative planning, regulatory, and enforcement obligations when it increases public access to and use of recreational waters
Interbasin Transfer in a Riparian Jurisdiction
Get PDFThis Article explores some issues pertaining to interbasin diversion of water in the East. The major issues surveyed are the physical and political aspects of interbasin transfers and the legal doctrines that govern them. Intrastate transfers are studied separately from interstate transfers to delineate unique problems that attend the latter. When possible, the Article will focus on Virginia as a state that has importing regions where interbasin transfer is a possibility
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