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  <title>The Oyez Project: Judicial Power Issues - Assessment of Costs Decisions</title>
  <link>http://www.oyez.org/issues/judicial-power/assessment-of-costs/</link>
  <description>U.S. Supreme Court Decisions, presented by The Oyez Project (www.oyez.org)</description>
  <language>en-us</language>
  
   <item>
    <title>Kansas v. Colorado</title>
    <description>&lt;p&gt;1.) Should the U.S. Supreme Court appoint a "river master" to resolve disputes over computer modeling of the Arkansas River? 2.) Is Kansas entitled to interest, from 1985 forward, for damages resulting from Compact violations from 1950 to 1985?&lt;/p&gt;&lt;p&gt;No and no. In an 8-1 judgment delivered by Justice Stephen Breyer, the Court denied Kansas' request to appoint a river master to decide various technical disputes between the states. A river master was inappropriate because the nature of the disputes was legal, not purely technical, and the appointment of a river master would make it easier to continue litigation. The Court also rejected Kansas' claim to all interest from 1985 forward for damages, because that would contradict the Court's ruling in an earlier dispute between the states (Kansas III). In that ruling, the Court had endorsed an equitable approach that yielded a post-1985 interest calculation based on late damages only.&lt;/p&gt;</description>
    <link>http://www.oyez.org/cases/2000-2009/2004/2004_105_orig/</link>
   </item>
  
   <item>
    <title>Kansas v. Colorado</title>
    <description>&lt;p&gt;Does the Eleventh Amendment preclude the recommended award of damages based on losses sustained by individual water users in Kansas? Should the damages include prejudgment interest? Is the amount of interest excessive? Should the prejudgment interest be paid from 1950 rather than 1969? Did the Special Master improperly calculate the value of the crop losses attributable to the Compact violations?&lt;/p&gt;&lt;p&gt;No, yes, no, no, and no. In a unanimous opinion delivered by Justice John Paul Stevens, the Court remanded the case to the Special Master for preparation of a final judgment consistent with its opinion. The Court unanimously concluded that the recommended damages award does not violate the Eleventh Amendment and that the Special Master properly determined the value of the crop losses attributable to Compact violations. In a 6-3 split, the Court ruled that the unliquidated nature of Kansas' money damages does not bar an award of prejudgment interest and that the Special Master determined the appropriate rate for the prejudgment interest award, which should begin running in 1969.&lt;/p&gt;</description>
    <link>http://www.oyez.org/cases/2000-2009/2000/2000_105_orig/</link>
   </item>
  
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