Academic literature on the topic 'Customary law – Southern States – History'

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Journal articles on the topic "Customary law – Southern States – History"

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Abdullah, Abdurisaq Abdurahman. "Legal Basis for Unilateral Secession of Somaliland from Somalia." International Journal of Geopolitics and Governance 2, no. 1 (2023): 55–61. http://dx.doi.org/10.37284/ijgg.2.1.1323.

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This article explores the legal basis for Somaliland’s unilateral secession from Somalia and whether it violates Somalia’s territorial integrity under international law. The article provides a brief history of Somaliland’s original independence and its subsequent union with Somalia. Following the collapse of the Somali government, Somaliland declared its secession from Somalia in 1991, while the southern region plunged into anarchy. The article examines the criteria for state recognition, with Somaliland fulfilling three of the four requirements. The article delves into the principles of self-
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Himonga, Chuma, and Fatimata Diallo. "Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3267.

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The student protests in South African Universities, which started in 2015, demanded the decolonisation of certain aspects of higher education. While the primary demand is free education, issues of the curriculum and transformation connected with the country's history of colonialism and apartheid have also surfaced. In the field of law, demands for curriculum change are accompanied by the broad issue of the decolonisation of law, translating into questions of legal history, the concept of law, the role of law in African societies, the status of indigenous systems of law in the post-independent/
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Aidonojie, Paul Atagamen, and Oaihimire Idemudia Edetalehn. "A FACILE STUDY OF THE STATUTORY CHALLENGES CONCERNING CUSTOMARY PRACTICE OF INTESTATE SUCCESSION IN NIGERIA." JHR (Jurnal Hukum Replik) 11, no. 1 (2023): 1. http://dx.doi.org/10.31000/jhr.v11i1.7552.

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The custom and tradition of Nigeria is an outgrowth from the history of the society. In this regard, customary law emanate from the spirit of the people. However, it has been observe that by the locally made Wills Law of some state in Nigeria, it recognize and preserve the Nigerian’s customary practice of intestate succession. However, the Wills Act of 1837 which applies to all state except state that have enact their wills law, seem to create a limitation on customary intestate succession. It is in this regard, that this study adopts a hybrid method of research in analysing the statutory pres
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Boister, Neil. "A History of Double Criminality in Extradition." Journal of the History of International Law / Revue d'histoire du droit international 25, no. 2 (2023): 218–57. http://dx.doi.org/10.1163/15718050-bja10089.

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Abstract This article sets out the history of double criminality in the law of extradition. It shows how that it only emerged as a legal requirement in the ‘Jay Treaty’, the 1794 treaty between theUSand UK. The article explores how the ‘Jay proviso’, a procedural requirement that the requesting state produce sufficient evidence to satisfy the requested state of the criminality of the requested person, morphed through interaction between common law and civil law states into a substantive requirement that the acts for which extradition is requested be criminal under the laws of both states. The
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Driessen, Bart. "Slav non-citizens in the Baltics." International Journal on Minority and Group Rights 2, no. 2 (1994): 113–37. http://dx.doi.org/10.1163/157181194x00030.

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AbstractThis study argues that customary international law obliges the Baltic states to accept the Slav populations as an integral part of the Baltic peoples. The history and collapse of the Soviet Union has produced large groups of Slav immigrants to remain in the Baltic states. They are not automatically granted citizenship rights in Estonia and Latvia, as they have to prove to qualify for naturalisation. People descending from the inter-War citizenry do ipso facto qualify for citizenship. First the nature of the coming-to-independence of the Baltic states is analysed, after which the law on
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Santuraki, Suleiman Usman. "THE LEGAL FRAMEWORK ON REBELLION AND INSURGENCY IN ISLAMIC LAW AND CUSTOMARY INTERNATIONAL LAW: A REVIEW." Malaysian Journal of Syariah and Law 6, no. 2 (2018): 11–23. http://dx.doi.org/10.33102/mjsl.vol6no2.140.

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Over the years, Muslim countries have been faced with wave of violence mostly related to insurgency or rebellion, leading to loss of lives and property on an unprecedented scale. Interestingly, rebellion and insurgency have a long, controversial, and deeply rooted history in Islam. As such, it is one of the most thoroughly studied and regulated concepts in Islamic law. Other non-Muslim societies too, have faced these kinds of challenges at different stages of their development, underlining the literature on rebellion and insurgency in customary international law. Therefore, from Muslim to non-
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Supriyadi, Supriyadi, Gatot Dwi Hendro Wibowo, Galang Asmara, and Muhaimin. "Application of the Adat Principles Barenti ko Syara', Syara' Barenti ko Kitabullah in Sumbawa Regency." International Journal of Scientific Research and Management 11, no. 04 (2023): 408–10. http://dx.doi.org/10.18535/ijsrm/v11i04.lla2.

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The existence of indigenous peoples has been regulated in Article 18B paragraph (2), which states that the state recognises and respects customary law community units and their traditional rights as long as they are still alive and by development. Society and the principles of the unitary state of the Republic of Indonesia are further regulated in law to provide recognition and respect for customary law communities as a basic concept or pillar of the application of customary law in Indonesia. There is much evidence of traces of the spread of Islam left by their ancestors, both in ancient manus
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Dako, F. X., R. Setyowati, W. Herningtyas, E. Pujiono, I. Budiman, and O. K. Oematan. "Verifying the Existence of Indigenous Peoples using a Socio-spatial Approach: A Case Study of the Boti Tribe, Indonesia." Jurnal Manajemen Hutan Tropika (Journal of Tropical Forest Management) 30, no. 2 (2024): 169–79. http://dx.doi.org/10.7226/jtfm.30.2.169.

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Minister of Home Affairs Regulation Number 52 of 2014 states that the criteria or evidence that must be met for recognition of indigenous peoples are: indigenous history, customary territories, customary law, customary objects, and customary institutions. Using a case study of the Boti Tribe, the oldest ethnic group on Timor Island, this study aims to collect evidence of the existence of indigenous peoples and their customary territories. This research will focus on verifying evidence of the existence of indigenous peoples using a socio-spatial approach. Our findings show that the Boti indigen
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Busari, Jamiu Muhammad, Saheed Afolabi Ashafa та Saheed Abdullahi Busari. "CHALLENGES OF AL-FARĀ’IḌ APPLICATION IN A MULTI-RELIGIOUS SOCIETY: THE CASE OF YORUBA MUSLIMS OF LAGOS AND OYO STATES, SOUTHWESTERN NIGERIA". Jurnal Syariah 32, № 1 (2024): 158–99. https://doi.org/10.22452/syariah.vol32no1.6.

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Yoruba Muslims of Southwestern Nigeria are among the foremost West Africans who had the earliest contact with Islam before the advent of British colonization in the 1850s. By 1775 C.E, Islam had been firmly entrenched in the nooks and crannies of Yorubaland, Southwest Nigeria, where Mosques and Madāris (Islamic Schools) were established to preach and teach the religion. However, with the British intrusion and amalgamation of the then Southern and Northern Protectorates to form a country called Nigeria, the colonialists had submerged all existing legal systems, whether customary or religious, u
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Heinicke, Craig W. "One Step Forward: African-American Married Women in the South, 1950-1960." Journal of Interdisciplinary History 31, no. 1 (2000): 43–62. http://dx.doi.org/10.1162/002219500551488.

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The labor-force participation of African-American married women in the southern United States was increasing during a period of deteriorating labor markets when that of African-American men was decreasing. Although the effect of this development on the African-American family was complex, the trend was certainly a sign of limited progress for these women. The jobs that they were able to acquire were generally better than their customary work since the Civil War, despite the adverse labor-market shocks to which African-American families were subject.
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Dissertations / Theses on the topic "Customary law – Southern States – History"

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Hills, Thomas D. "The Recent Rise of Southern Banking." Digital Archive @ GSU, 2006. http://digitalarchive.gsu.edu/history_theses/9.

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Between 1984 and 1986 the legislatures of several southern states enacted changes to their banking laws that enabled banking companies in Southern Region states to acquire and be acquired by banking companies in other Southern Region states, as long as these companies qualified as “Southern.” The purpose of the compact was to allow some southern banking companies an opportunity to grow and gain financial strength before full interstate banking was permitted. This study shows that the compact was successful. In 1985 no southern banking companies were among the top ten banks in the country, but
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Adkins, Edward. "Opening Pandora's box : Richard Nixon, South Carolina, and the southern strategy, 1968-1972." Thesis, University of Oxford, 2013. https://ora.ox.ac.uk/objects/uuid:594d27ff-85d8-4a72-9f99-a8d9ffd563e3.

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Much discussed and little understood, Richard Nixon's southern strategy demands scrutiny. A brief survey of the literature suggests that study on this controversial topic has reached an impasse. Southern historians keen to emphasise the importance of class in the region's partisan development over the last fifty years insist that any southern strategy predicated on racialised appeals to disaffected white conservatives was doomed to failure. Conversely, conventional accounts of the Nixon era remain wedded to the view that the southern strategy represented a successful devil's bargain whereby an
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Robinson, Sarah Elizabeth. "Civil Liberties and National Unity: Reaction to the Sedition Act in the Southern States, 1798." Thesis, University of North Texas, 2017. https://digital.library.unt.edu/ark:/67531/metadc1062890/.

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The traditional narrative of political party development in the United States of America during the latter half of the 1790s ascribes the decline in popularity of the Federalist Party in the Election of 1800 to that party's passage of controversial legislation, specifically the Sedition Act of 1798, prior to the election. Between the passage of the Sedition Act and the Election of 1800, however, the midterm elections of 1798-1799 transpired and resulted in a significant increase in Federalist popularity in four states – North Carolina, South Carolina, Georgia, and Virginia. This study seeks to
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Zelden, Charles Louis. "Justice lies in the district: A history of the United States District Court, Southern District of Texas, 1902-1960." Thesis, 1991. http://hdl.handle.net/1911/16500.

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Created in 1902, the United States District Court, Southern District of Texas quickly grew into one of the nation's largest and busiest federal trial courts. Serving the rapidly maturing region of southeast Texas, the Court soon had a large and unmanageable docket of public and private cases. Despite the addition of a new judge in 1942 and two new judges in 1949, the Southern District's extensive caseload constantly exceeded the ability of the Court's judges to effectively adjudicate all the business before them. Faced with caseload gridlock, the judges were forced to set priorities between th
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Wilson, Steven Harmon. "Proceed to judgment: Aspects of judicial management of growth, change, and conflict in the United States District Court for the Southern District of Texas, 1960--2000." Thesis, 2000. http://hdl.handle.net/1911/19570.

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This dissertation is an historical study of efforts, primarily by federal district judges, to manage growth, change, and conflict in the U.S. District Court for the Southern District of Texas during the second half of the twentieth century. Examples of judicial management as I use the phrase encompass a wide variety of activities the federal district judges in the Southern District have undertaken since the 1950s. The judges were required to cope with institutional growth, they felt obliged to foster social change, and they were called on to resolve political conflict. This dissertation examin
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Maxwell, Angela Christine. "A heritage of inferiority: public criticism and the American South." Thesis, 2008. http://hdl.handle.net/2152/3957.

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Books on the topic "Customary law – Southern States – History"

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Morris, Thomas D. Southern slavery and the law, 1619-1860. University of North Carolina Press, 1996.

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Karsten, Peter. Between law and custom: "high" and "low" legal cultures in the lands of the British diaspora : the United States, Canada, Australia, and New Zealand, 1600-1990. Cambridge University Press, 2002.

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S, Calhoun Frederick, Lewis Daniel 1972-, and University Publications of America (Firm), eds. Letters received by the Attorney General, 1809-1870: Southern law and order. University Publications of America, 2001.

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George, Mills. No one is above the law: The story of southern Iowa's federal court. s.n., 1994.

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1949-, Finkelman Paul, ed. Southern slaves in free state courts: The pamphlet literature. Garland, 1988.

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Belknap, Michal R. Federal law and Southern order: Racial violence and constitutional conflict in the post-Brown South. University of Georgia Press, 1995.

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G, Thomas William. Lawyering for the railroad: Business, law, and power in the New South. Louisiana State University Press, 1999.

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Henry, Jehanne. Under siege: Indiscriminate bombing and abuses in Sudan's Southern Kordofan and Blue Nile states. Human Rights Watch, 2012.

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Covocation, on the Status of the Bill of Rights after 200 Years (1992 Law Center Southern University). Proceedings of the Convocation on the Status of the Bill of Rights after 200 Years held at the Law Center, Southern University, January 26, 1992. Louisiana Council on Human Relations, 1992.

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interviewer, McColl Ann, Southern Oral History Program, University of North Carolina at Chapel Hill. Documenting the American South (Project), and University of North Carolina at Chapel Hill. Library, eds. Oral history interview with Daniel H. Pollitt, November 27, 1990: Interview L-0064-1, Southern Oral History Program Collection (#4007). University Library, UNC-Chapel Hill, 2008.

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Book chapters on the topic "Customary law – Southern States – History"

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Gianelli, Alessandra. "Is Customary Law on the Prohibition to States to Commit Acts of Genocide Applicable to the Armenian Massacres?" In Studies in the History of Law and Justice. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-78169-3_5.

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Fedorova, Masha, and Piet Hein van Kempen. "A History of Maritime Piracy." In Histories of Transnational Criminal Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192845702.003.0009.

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Masha Fedorova and Piet Hein van Kempen eschew explorations of the nature of piracy to focus on whether there is some legal basis for an obligation in conventional and customary international law on states to criminalize piracy, concluding that such an obligation is absent. But the main thrust of the chapter is an historical survey which tries to decipher why this is the case.
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Nann, John B., and Morris L. Cohen. "International and Civil Law in the United States." In The Yale Law School Guide to Research in American Legal History. Yale University Press, 2018. http://dx.doi.org/10.12987/yale/9780300118537.003.0010.

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This chapter discusses sources of information about international law and civil law in the United States. In beginning to look at U.S. practice in international law, a researcher needs to consider the sources of the law. The most important sources that may impose requirements or restrictions are treaties, which are agreements entered into between states. When approaching treaty research, researchers must consider three major steps. First, they must identify and locate the treaty; second, they must determine whether the treaty is “in force” and against whom; and third, they must consider how th
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Rose, Carol M. "General Customs and Legal Institutions." In Interstitial Private Law. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197783627.003.0011.

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Abstract This chapter explores the relationship of general customs to the law, using the example of the widespread use of racial real estate covenants to discriminate against minority residents in the United States. For several decades in the first half of the twentieth century, the private law of property covenants combined with evolving real estate practices to produce an emerging customary pattern of residential discrimination. At mid-century, however, racial covenants were ruled constitutionally unenforceable. This brief history illustrates the ways in which law and custom can mutually and
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Rudolf, Dolzer. "I History, Sources, and Nature of International Investment Law." In Principles of International Investment Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192857804.003.0001.

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This chapter discusses the history, sources, and nature of international investment law. Foreign investment law consists of general international law, of standards more specific to international economic law, and of distinct rules peculiar to the protection of investment. In addition, the law of the host State plays an important role. Depending upon the circumstances of an individual case, the interplay between relevant domestic rules of the host State and applicable rules of international law may become central to the analysis of a case. The chapter then surveys the most important sources of
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"Ida B. Wells: Southern Horrors." In Schlager Anthology of Women’s History. Schlager Group Inc., 2023. https://doi.org/10.3735/9781961844025.book-part-086.

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The public record of lynchings in the United States shows that during the post–Civil War era, lynching and other acts of mob violence steadily increased. While the victims of lynchings across the nation still included whites, Native Americans, Chicanos, and Asians, by 1892 the majority of victims were African American, and the majority of these murders were in the South. Through newspaper articles in the New York Age and later in the Chicago Conservator, in her 1892 book Southern Horrors: Lynch Law in All Its Phases, and in lectures throughout the United States and Great Britain, journalist Id
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Jeswald W, Salacuse. "4 A History of International Investment Treaties." In The Law of Investment Treaties. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198850953.003.0004.

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This chapter traces the history and considers the purposes and consequences of the movement by states to negotiate investment treaties. In the post-colonial era of nationalizations and contract renegotiations, the economic facts of life in host countries struggled against the form of various legal commitments made to foreign investors. To change the dynamics of this struggle so as to protect the interests of their companies and investors, capital-exporting countries began a process of negotiating international investment treaties that, to the extent possible, would be: (1) complete; (2) clear
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Amal, Clooney. "Introduction." In Freedom of Speech in International Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780198899372.003.0001.

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This introductory chapter provides an overview of the right to freedom of expression in international law. The chapter surveys the drafting history of the treaty provisions that enshrine this right and the development of jurisprudence interpreting them. It analyses the impact on the right to free speech of states’ reservations, declarations and derogations to article 19 of the ICCPR and regional instruments. It also canvasses whether these treaty provisions have reached customary international law status and therefore apply to states—such as China, Myanmar and Cuba—that have not ratified these
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Wheatley, Steven. "The Idea of International Human Rights Law." In The Idea of International Human Rights Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198749844.003.0008.

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Chapter 7 summarizes and clarifies the argument in the book, explaining the distinctive nature of International Human Rights Law. It reminds us that states invented human rights in 1945 with the inauguration of the United Nations Charter. They explained the meaning of the term ‘human rights’ three years later with the adoption of the Universal Declaration of Human Rights, although the concept evolved in a radically different direction than originally expected as states responded to events in apartheid southern Africa. The central insight of this final chapter is that the moral concept of human
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Gathii, James Thuo. "The Effect of Conquest on Private Property and Contract Rights." In War, Commerce, and International Law. Oxford University PressNew York, NY, 2009. http://dx.doi.org/10.1093/oso/9780195341027.003.0002.

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Abstract The confiscation of private property during wartime is prohibited under customary international law. This chapter examines how well this rule has held up. To do so, I will discuss a 1905 House of Lords decision that explicitly found the rule against extinction was preempted by the prerogatives of the Crown. I will also discuss how Native American ownership of land in early American history was treated as mere possession upon conquest and in the various peace treaties between the United States and Spain, whereas similar possession of land by white colonial settlers was held to constitu
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Conference papers on the topic "Customary law – Southern States – History"

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O’Malley, Cynthia L., Scott Christensen, and Gina Neilson. "Southern Nevada Water Authority-Polyurethane Lining Evaluation and Testing." In SSPC 2011. SSPC, 2011. https://doi.org/10.5006/s2011-00054.

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Abstract The Southern Nevada Water Authority (SNWA) is a regional agency whose mission is to manage water resources and develop solutions that will ensure adequate future water supplies for the Las Vegas Valley. Its primary water resource is the Colorado River via Lake Mead. Since 2000, persistent droughts have resulted in decreasing Lake Mead water levels. To reduce Southern Nevada’s reliance on the Colorado River, SNWA has begun planning for the development of in-state groundwater resources north of Las Vegas. Initial planning efforts identified project specific requirements that could poten
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