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Full-Text Articles in Law
The Commons, Capitalism, And The Constitution, George Skouras
The Commons, Capitalism, And The Constitution, George Skouras
George Skouras
Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.
The Birth, Death, And Afterlife Of The Wild Lands Policy: The Evolution Of The Bureau Of Land Management’S Authority To Protect Wilderness Values, Olivia Brumfield
The Birth, Death, And Afterlife Of The Wild Lands Policy: The Evolution Of The Bureau Of Land Management’S Authority To Protect Wilderness Values, Olivia Brumfield
Michael Blumm
Since the enactment of the Federal Land Policy and Management Act (FLPMA) in 1976, the Bureau of Land Management (BLM) has had a troubled relationship with wild lands, the nation’s last remaining places with wilderness characteristics. Although for twenty-five years BLM recognized wilderness values as a resource it must balance and could protect consistent with the agency’s multiple use mandate, in 2003 BLM largely disclaimed that interpretation, potentially imperiling future protection of wild lands that were not designated as wilderness or wilderness study areas. Since then, the agency has made incremental – but potentially powerful – steps toward reclaiming a …
Antimonopoly And The Radical Lochean Origins Of Western Water Law, Michael Blumm
Antimonopoly And The Radical Lochean Origins Of Western Water Law, Michael Blumm
Michael Blumm
This review of David Schorr's book, The Colorado Doctrine: Water Rights, Corporations, and Distributive Justice on the American Frontier, maintains that the book is a therapeutic corrective to the standard history of the origins of western water law as celebration of economic efficiency and wealth maximization. Schorr's account convincingly contends that the roots of prior appropriation water law--the "Colorado Doctrine"--lie in distributional justice concerns, not in the supposed efficiency advantages of private property over common property. The goals of the founders of the Colorado doctrine, according to Schorr, were to advance Radical Lochean principles such as widespread distibution of water …
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Sari M Graben
The United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to sea bed resources in the Arctic Ocean. Positivist theories of international law generally source Arctic state compliance to the binding effect of Article 76 of the UN Convention on the Law of the Sea. However, positivist explanations fail to answer why the Arctic states, which are authorized to establish their own limits, would accept the sovereignty costs associated with the Commission’s legal and scientific interpretations. In order to better understand how the Commission …
Shifting Sands: A Meta-Theory For Public Access And Private Property Along The Coast, Melissa K. Scanlan
Shifting Sands: A Meta-Theory For Public Access And Private Property Along The Coast, Melissa K. Scanlan
Melissa K. Scanlan
Over half the United States population currently lives near a coast. As shorelines are used by more people, developed by private owners, and altered by extreme weather, competition over access to water and beaches will intensify, as will the need for a clearer legal theory capable of accommodating competing private and public interests. One such public interest is to walk along the beach, which seems simple enough. However, beach walking often occurs on this ambulatory shoreline where public rights grounded in the public trust doctrine and private rights grounded in property ownership intersect. To varying degrees, each state has a …
The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer
The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer
David Barnhizer
It is absolutely rational for economic actors and decision-makers to seek to operate in their own self-interest. The challenge for anyone who wishes to influence or alter the process lies in knowing where that self-interest lies and changing the nature of the self-interest if that is required or possible. That is a far greater challenge than many understand because regardless of what we might like to do in our personal lives, it is the institution within which we work that dictates how we think and what we value in our service to that institution. Given the short time frame within …