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LETTER OPINION 2002-L-22 April 10, 2002 Mr. Garylle B. Stewart
LETTER OPINION 2002-L-22 April 10, 2002 Mr. Garylle B. Stewart Fargo City Attorney PO Box 1897 Fargo, ND 58107-1897 Dear Mr. Stewart: Thank you for your opinion request regarding whether North Dakota or Minnesota law applies to the operation of a joint dispatch center in Moorhead, Minnesota, under a joint powers agreement. Fargo, North Dakota; Moorhead, Minnesota; Cass County, North Dakota; and Clay County, Minnesota are parties to the joint powers agreement. The agreement establishes a joint board to operate the joint dispatch center. You specifically ask whether the joint board may decide which state’s law applies or whether that decision should be made by the political subdivisions. There is a particular concern about which state’s employment law would apply to personnel of the joint board. There is also concern whether the law of the state where the center is located applies and what would happen if the center relocates to another state or is split between sites in both states. Which state’s law would apply to the joint dispatch center would depend on the facts involved in a specific dispute. The following describes the analysis the North Dakota Supreme Court uses to determine, in a given conflict of laws situation, what law applies. I believe the analysis demonstrates why I am unable to give you a definite answer. The North Dakota Supreme Court has adopted “the significant contacts” test to determine which state’s law applies in a certain dispute.1 Plante v. Columbia Paints, 494 N.W.2d 140, 141 (N.D. -
Tobacco Control Policy Making in North Dakota: a Tradition of Activism
Tobacco Control Policy Making in North Dakota: A Tradition of Activism Jennifer R. Welle MPH Jennifer K. Ibrahim Ph.D. Stanton A. Glantz Ph.D. Center for Tobacco Control Research and Education Institute for Health Policy Studies School of Medicine University of California, San Francisco San Francisco CA 94118 June 2004 Tobacco Control Policy Making in North Dakota: A Tradition of Activism Jennifer R. Welle MPH Jennifer K. Ibrahim Ph.D. Stanton A. Glantz Ph.D. Center for Tobacco Control Research and Education Institute for Health Policy Studies School of Medicine University of California, San Francisco San Francisco CA 94118 June 2004 Supported in part by National Cancer Institute Grant CA-61021. Copyright 2004 by J.R. Welle, J.K. Ibrahim and S.A. Glantz. Permission is granted to reproduce this report for nonprofit purposes designed to promote the public health, so long as this report is credited. This report is available on the World Wide Web at http://repositories.cdlib.org/ctcre/tpmus/ND2004 .This report is one of a series of reports that analyze tobacco industry campaign contributions, lobbying, and other political activity throughout the United States and elsewhere. The other reports are available on the World Wide Web at http://repositories.cdlib.org/ctcre/. 1 2 EXECUTIVE SUMMARY North Dakota has a long history of tobacco-related legislation dating back to the late 1800's, well before the formal organization of health advocates for tobacco control. Citizens of North Dakota recognized the negative health effects of tobacco smoke before most of the nation and made attempts to regulate the sale and use of tobacco products throughout the early 1900's. -
STATE PAGES STATE PAGES Table 10.1 Official NAMES of STATES and JURISDICTIONS
CHAPTER TEN STATE PAGES STATE PAGES Table 10.1 OffiCIAL NAMES OF STATES AND JURISDICTIONS. CAPITALS. ZIP CODES AND CENTRAL SWITCHBOARDS c.p,,' AII_.51_or .................. b. Capicol u,» lOS 261 ·lS(IO A-" , $ule 01 .. • •• . ••...•• Sua< Capitol ,_. ... " 901 ""-2111 An-. 5I.oIe 01 5111. Capitol.. ,...... '" ..,... .... SOl .a.101O A~ Sultol •..••..••..•...•••..•• _ lit.1e Root: c.IIf...... Scale of .•.•..••..•••......••. Sill' Capicol - .flll'm" '" ,n.9900 ~.SuMoI •..••..•••...•.•.•..•• Stat. CoPtol -....... "" C-*-, SI .. of ..•..••••..••.••••••• Soli. CaPtol ~ ,... .."'" ,.. 10l ......",,"UII ~..... SlalCoI .................... ............. "" '" , 11MWI. StoIc 01 •• • ......... ", ....... "'" 9(M ......... 11)<1 c-,Io. $I ... of ....................... """""SI ... Capitol .. AtI..... "'""'~ ... ...... 11 ..,011. SlIII of ••••••••••••••••••••••••• $1110 Capitol ..,. moUII 14 ...... 51.01. of .••...••..••...•• SllIe Copitol ...1)7:10 " 101 )).1..10111 1111_, SI ... of ••...•..•••..••••••••••• Sill. H_ llJ 71l-lOOO ItWll... SI.~ or ••..••..••....•...•....• 5IIIe H_ ~"" lIJ U1-llolO 10•• • Sill. of ..••...•..••..... Sill' Capi.oI "'",.m 51' ZI'·JO II "_. SlII.of .•...•.. _ •....•....•.... 5IIIe CaPtoi 91) ;t96.O I " " ........,. ComlDOllwnlth of ............ SlII.c.pitoi F.aUan ........ " , 502 """)0 .....01 .... Sill. 01 ..................... .. $Il1e CapItol '"""BIo.otI lou .. 5001 Ulo66OO M..... St.IO 01 ......................... Sill. H_ A~_ OUll 207 mllio M.O") ' ..... SI •• e 01 ...................... St.. e HOIIM An ...pOili -
Arts, Humanities and Social Sciences Is Quality of the Students and the Education Here
ahss Arts, HumAnities alumni news 2014 And sociAl sciences For the birds Birdhouse competition gives architecture students hands-on design experience The structures are pieces of art. and landscape architecture. “But once they got into it they really loved it. This is something they get to do from start to They are homages to the styles of award-winning archi- finish. From design to build stages.” tects, but contain the originality of the NDSU students who created them. And each year these visually stunning The birdhouses range in size, scope and cost. And making a projects are displayed at Fargo’s Plains Art Museum for all birdhouse for the competition is no easy task. to admire. Student designs must be an interpretation of a randomly Yet, all of it is strictly for the birds. Yes, birds. drawn Pritzker Architecture Prize-winner. To complete the task, students are required to study their architect’s theory Second-year NDSU architecture students for four of the last and methodology before translating it into their own style. five years have gone head-to-head during a design competi- tion featuring some of the most unconventional birdhouses Competitors can’t just make a mini replica of someone in the country. else’s work. It needs to be original, with a tip of the hat to a Pritzker winner. The Pritzker prize is an international This year’s competition added a new element, as some of honor given to a living architect or architects whose work the houses were donated to an auction to benefit Habitat has produced significant contributions to humanity through for Humanity. -
United States District Court for the District of Columbia
Case 1:11-cv-01376-ESH Document 95-1 Filed 02/14/13 Page 1 of 49 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) NICHOLAS SPAETH, ) ) Plaintiff, ) ) v. ) Civil Action No: 11-1376 (ESH) ) GEORGETOWN UNIVERSITY, ) ) Defendant. ) ____________________________________ ) PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF OPPOSITION TO GEORGETOWN UNIVERSITY’S MOTION FOR SUMMARY JUDGMENT Case 1:11-cv-01376-ESH Document 95-1 Filed 02/14/13 Page 2 of 49 Table of Contents Introduction . 1 I. Factual Background . 3 A. Mr. Spaeth’s Professional Qualifications . 3 B. Mr. Spaeth’s Application to Georgetown . 4 C. Georgetown’s Hiring in the 2010-2011 Academic Year . 5 1. The Structure of the Hiring Committees . 5 2. Georgetown’s Ongoing Need for Tax and Business Law Faculty 6 3. Georgetown’s Subjective Criteria in Evaluating Applicants . 7 4. Georgetown’s Review of the AALS Applications . 8 5. Georgetown’s Review of Candidates who Applied outside AALS 10 6. Candidates Selected for Initial Interviews . 13 7. Open Bias Against Older Applicants Permeated Georgetown’s Hiring . 13 8. The Callback Interviewees and the Three Hirees are All Decades Younger than Mr. Spaeth, and are Significantly Less Qualified to Teach Tax and Administrative Law . 18 9. Georgetown’s Hires During the Past Decade Have Been Overwhelmingly Young, with Little to No Practice Experience 22 10. Georgetown’s Hiring Committees Improperly Took Age, Race, and Gender Into Consideration in Evaluating Applicants . 22 11. Georgetown’s Hiring Managers Never Told the Faculty to Stop Expressing their Constant Bias in Favor of Young Applicants 23 12. -
1 United States District Court
Case 1:11-cv-01376-ESH Document 108 Filed 05/09/13 Page 1 of 37 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NICHOLAS SPAETH, Plaintiff, v. Civil Action No. 11-1376 (ESH) GEORGETOWN UNIVERSITY, Defendant. MEMORANDUM OPINION Plaintiff Nicholas Spaeth brings suit against Georgetown University, alleging that it discriminated based on age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. (“ADEA”), and the District of Columbia Human Rights Act, D.C. Code §§ 2-1401.01 et seq. (“DCHRA”), when it declined to interview and hire him after he applied for an entry-level tenure-track teaching position through the 2010 American Association of Law Schools (“AALS”) Faculty Appointments Register. (See Amended Complaint, Nov. 7, 2011 [ECF No. 10] (“Am. Compl.”).)1 Georgetown now moves for summary judgment. For the reasons set forth below, Georgetown’s motion will be granted. 1 Spaeth originally sued five other law schools along with Georgetown: Michigan State University College of Law; the University of Missouri School of Law; the University of California, Hastings College of the Law; the University of Iowa College of Law; and the University of Maryland School of Law. (See Am. Compl. ¶ 1). In prior Orders, this Court severed Spaeth’s claims against those five institutions and transferred them to the defendants’ home forums. (See Order, Feb. 17, 2012 [ECF No. 59]; Order, Mar. 8, 2012 [ECF No. 68].) Spaeth voluntarily dismissed the claims against four of those schools, opting to proceed only against the University of Missouri in a state court action and against Georgetown in the instant suit. -
Indian Reserved Water Rights: Impending Conflict Or Coming Rapprochement Between the State of North Dakota and North Dakota Indian Tribes
North Dakota Law Review Volume 85 Number 1 Article 1 1-1-2009 Indian Reserved Water Rights: Impending Conflict or Coming Rapprochement Between the State of North Dakota and North Dakota Indian Tribes Charles Carvell Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Carvell, Charles (2009) "Indian Reserved Water Rights: Impending Conflict or Coming Rapprochement Between the State of North Dakota and North Dakota Indian Tribes," North Dakota Law Review: Vol. 85 : No. 1 , Article 1. Available at: https://commons.und.edu/ndlr/vol85/iss1/1 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. INDIAN RESERVED WATER RIGHTS: IMPENDING CONFLICT OR COMING RAPPROCHEMENT BETWEEN THE STATE OF NORTH DAKOTA AND NORTH DAKOTA INDIAN TRIBES CHARLES CARVELL* TABLE OF CONTENTS I. INTRODUCTION.............................................................................2 II. PRIOR APPROPRIATION: THE FOUNDATION OF NORTH DAKOTA WATER LAW .........................................................4 A. DEVELOPMENT OF PRIOR APPROPRIATION AND ITS ADOPTION BY NORTH DAKOTA..........................................4 B. APPLICATION OF PRIOR APPROPRIATION ON NORTH DAKOTA INDIAN RESERVATIONS .......................................7 III. REJECTION OF STATE WATER LAW AND ASSERTIONS OF SOVEREIGNTY -
North Dakota Supreme Court Review
North Dakota Law Review Volume 64 Number 2 Article 2 1988 North Dakota Supreme Court Review North Dakota Law Review Associate Editors Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation North Dakota Law Review Associate Editors (1988) "North Dakota Supreme Court Review," North Dakota Law Review: Vol. 64 : No. 2 , Article 2. Available at: https://commons.und.edu/ndlr/vol64/iss2/2 This Supreme Court Review is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. NORTH DAKOTA SUPREME COURT REVIEW The Supreme Court Review briefly summarizes the important decisions rendered by the North Dakota Supreme Court. The purpose of the Review is to indicate cases of first impression and cases that significantly affect earlier interpretations of North Dakota Law. The following topics are included in the Review: Administrative Law and Procedure ....................... 212 A ttorneys .......................................... 216 Attorney's Fees ........................................ 218 Banks and Banking ..................................... 221 Civil Procedure ........................................ 223 C ivil R ights . ......................................... 224 Constitutional Law ..................................... 226 Corporations .......................................... 229 -
The Upper Missouri River Basin States Take on the US
North Dakota Law Review Volume 68 Number 4 Article 2 1992 Unanswered Prayers: The Upper Missouri River Basin States Take on the U.S. Army Corps of Engineers Brian Morris Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Morris, Brian (1992) "Unanswered Prayers: The Upper Missouri River Basin States Take on the U.S. Army Corps of Engineers," North Dakota Law Review: Vol. 68 : No. 4 , Article 2. Available at: https://commons.und.edu/ndlr/vol68/iss4/2 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. UNANSWERED PRAYERS: THE UPPER MISSOURI RIVER BASIN STATES TAKE ON THE U.S. ARMY CORPS OF ENGINEERS BRIAN MORRIS* INTRODUCTION ............................................ 897 I. BACKGROUND ........................................ 901 A. GEOGRAPHY OF THE MISSOURI RIVER BASIN ...... 901 B. COMPETING AGENCIES .............................. 903 1. US. Army Corps of Engineers .................. 903 2. Bureau of Reclamation .......................... 904 C. FLOODING ON THE MISSOURI RIVER BEFORE THE PICK-SLOAN PLAN .................................. 906 II. PICK-SLOAN PLAN .................................... 908 A. COMPETING PLANS ................................. 908 B. RECONCILIATION OF THE PLANS ................... 911 1. Shotgun Wedding ............................... 911 2. O'Mahoney-Millikin Amendment ............... 912 C. MISSOURI RIVER BASIN SYSTEM AFTER PICK- SLO A N .............................................. 9 15 1. Results of the Legislation ....................... 915 2. Corps' Operation of the System ................. 919 3. The Master Manual ......... ............. 922 III. COURT CHALLENGES TO THE CORPS ............. 924 A. -
Report of the Civil Justice Reform Act Advisory Group
North Dakota Law Review Volume 69 Number 4 Article 1 1993 Report of the Civil Justice Reform Act Advisory Group Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation (1993) "Report of the Civil Justice Reform Act Advisory Group," North Dakota Law Review: Vol. 69 : No. 4 , Article 1. Available at: https://commons.und.edu/ndlr/vol69/iss4/1 This Report is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. REPORT OF THE CIVIL JUSTICE REFORM ACT ADVISORY GROUP , t,.ttoDitrc eq THE DISTRICT OF NORTH DAKOTA September 29, 1993 UNITED STATES DISTRICT COURT DISTRICT OF NORTH DAKOTA Report of the Civil Justice Reform Act Advisory Group September 29, 1993 Table of Contents I. INTRODUCTION .......................................... 745 A. Guiding Principles ................................... 746 B. Basic Statutory Requirements of the Civil Justice Reform Act ......................................... 747 C. District Status Under the Act ........................ 751 II. DESCRIPTION OF THE DISTRICT OF NORTH DAKOTA ... 751 A. District Demographics ............................... 751 B. Article III Judges .................................... 752 1. A ssignm ents ...................................... 752 2. Basic Caseload Statistics .......................... 753 C. M agistrate Judges -
Tobacco Control Policy Making in North Dakota: a Tradition of Activism
UCSF Tobacco Control Policy Making: United States Title Tobacco Control Policy Making in North Dakota: A Tradition of Activism Permalink https://escholarship.org/uc/item/9v58x8ps Authors Welle, Jennifer R, MPH Ibrahim, Jennifer K., Ph.D. Glantz, Stanton A., Ph.D. Publication Date 2004-06-01 eScholarship.org Powered by the California Digital Library University of California Tobacco Control Policy Making in North Dakota: A Tradition of Activism Jennifer R. Welle MPH Jennifer K. Ibrahim Ph.D. Stanton A. Glantz Ph.D. Center for Tobacco Control Research and Education Institute for Health Policy Studies School of Medicine University of California, San Francisco San Francisco CA 94118 June 2004 Tobacco Control Policy Making in North Dakota: A Tradition of Activism Jennifer R. Welle MPH Jennifer K. Ibrahim Ph.D. Stanton A. Glantz Ph.D. Center for Tobacco Control Research and Education Institute for Health Policy Studies School of Medicine University of California, San Francisco San Francisco CA 94118 June 2004 Supported in part by National Cancer Institute Grant CA-61021. Copyright 2004 by J.R. Welle, J.K. Ibrahim and S.A. Glantz. Permission is granted to reproduce this report for nonprofit purposes designed to promote the public health, so long as this report is credited. This report is available on the World Wide Web at http://repositories.cdlib.org/ctcre/tpmus/ND2004 .This report is one of a series of reports that analyze tobacco industry campaign contributions, lobbying, and other political activity throughout the United States and elsewhere. The other reports are available on the World Wide Web at http://repositories.cdlib.org/ctcre/. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION Vol. 141 WASHINGTON, WEDNESDAY, JUNE 7, 1995 No. 92 Senate (Legislative day of Monday, June 5, 1995) The Senate met at 9:30 a.m., on the BIDEN to offer a habeas corpus amend- The PRESIDING OFFICER. Without expiration of the recess, and was called ment No. 1217. That amendment is lim- objection, it is so ordered. to order by the President pro tempore ited to 30 minutes of debate. Therefore, f [Mr. THURMOND]. Senators should be on notice that a rollcall vote is expected at approxi- ODYSSEY OF THE MIND PRAYER mately 10:15 this morning. Mr. HATCH. Mr. President, I rise The Chaplain, Dr. Lloyd John Following disposition of the Biden today to congratulate the educators Ogilvie, offered the following prayer: amendment, only six amendments re- and parent leaders whose teams won Lord God, source of righteousness main in order to the antiterrorism bill. the Utah State Odyssey of the Mind and one who is always on the side of It is, therefore, the expressed hope of competition. The Odyssey of the Mind what is right. We confess that there are the majority leader to complete action Association gives teams of students at times we assume we know what is right on the bill early this afternoon and each educational level an opportunity without seeking Your guidance. then begin consideration of S. 652, the to develop creative problem-solving Lord, give us the humility to be more telecommunications bill.