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Full-Text Articles in Law
Natural Resources And Natural Law Part Ii: The Public Trust Doctrine, Robert W. Adler
Natural Resources And Natural Law Part Ii: The Public Trust Doctrine, Robert W. Adler
Michigan Journal of Environmental & Administrative Law
Natural Resources and Natural Law Part I: Prior Appropriation analyzed claims by some western ranchers, grounded in natural law, that they have property rights in grazing resources on federal public lands through prior appropriation. Those individuals advocated their position in part through civil disobedience and armed standoffs with federal officials. They also asserted that their duty to obey theistic natural law overrode any duty to obey the Nation’s positive law. Similar claims that individual religious beliefs override positive law have been made recently regarding a range of other controversial issues, such as same-sex marriage, public insurance for birth control, and …
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Michigan Journal of Environmental & Administrative Law
The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …
Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema
Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema
Michigan Journal of International Law
Wildlife trade is big business. Legal international trade in just some of the wild animals and plants traded worldwide is estimated at $350 to $530 million per year. The United States is the primary importer of virtually every major taxon of these species, including mammals, reptiles, fish, and plants. When it comes to illegal trade, estimates of its value range from $7 to $23 billion annually, covering wild animals, fish, and timber. This illegal trade fuels organized crime and militia and terrorist groups. In the face of all this pressure, some wild species appear to be traded in sustainable amounts. …
Establishing A "Due Care" Standard Under The Lacey Act Amendments Of 2008, Rachel Saltzman
Establishing A "Due Care" Standard Under The Lacey Act Amendments Of 2008, Rachel Saltzman
Michigan Law Review First Impressions
The Lacey Act was first enacted in 1900 as a narrow measure for domestic bird preservation and agriculture protection. It was significantly amended in 1981 and 1988 to prohibit trafficking in fish and wildlife "taken, possessed, transported, or sold" in violation of state and foreign laws. For the past three decades, the amended statute has provided the federal government with a powerful tool for regulating imports of fish and wildlife. In 2008 Congress expanded its reach still further, responding to widespread concern about the effects of illegal logging on local governance, the environment, and American business by extending the Act's …
Canada-United States Cooperative Approaches To Shared Marine Fishery Resources: Territorial Subversion?, Ted L. Mcdorman
Canada-United States Cooperative Approaches To Shared Marine Fishery Resources: Territorial Subversion?, Ted L. Mcdorman
Michigan Journal of International Law
This Essay will focus on how Canada and the United States have both succeeded and failed in adopting cooperative approaches to managing ocean fishery resources. A critical factor that has influenced these efforts is the introduction of an international legal construct dictating that States have exclusive sovereign rights respecting all marine living resources within 200 nautical miles of their shores. Cooperative approaches to managing transboundary marine living resources between Canada and the United States are necessary for two reasons. First, in the case of marine living resources, the resource pays scant attention to human-constructed national boundaries. Put another way, marine …
Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky
Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky
Michigan Journal of International Law
Part I of this Essay marshals the evidence that fisheries around the world are in peril from destructive fishing practices. Part II argues that most fisheries management regimes are ineffective at counteracting the political pressures and economic incentives that lead to unsustainable fishing. Part III makes the case that government subsidies are major enablers of overfishing. The fourth and final Part discusses the continuing efforts to use international trade regulation to eliminate overfishing subsidies and halt the collapse of the world's marine fish populations.
Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff
Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff
Michigan Journal of International Law
This Essay assesses challenges that arise when marine territorial boundaries do not encompass the appropriate assemblage of resources and relationships necessary for effective authority and management. It reviews the manner in which certain offshore resource uses have been "quasi-territorialized" by the application of other forms of jurisdiction. It also highlights regime-jurisdiction-private interest-oriented responses to territory-oriented challenges in the form of assemblages of authority, interests, space, and time. Given the scalar progression of the links in the discussion, the assessment moves from international principles to exercises of national sovereignty to domestic administration of space and resources to private legal interests.
British Wildlife Law Before The American Revolution: Lessons From The Past, Thomas A. Lund
British Wildlife Law Before The American Revolution: Lessons From The Past, Thomas A. Lund
Michigan Law Review
Early legislation may excite the condescending interest ·that Dr. Johnson directed toward a dog walking on its hind legs: "It is not done well; but you are surprised to find it done at all." British wildlife law, however, merits more respect. As long ago as the Middle Ages, man's appetite for meat endowed legislators with at least an ambling competence at wildlife management. Nor has the passage of time made their efforts wholly irrelevant. Early methods of controlling habitat, for example, may still be appropriate since historical change has not altered the needs of animals as it has those of …
Constitutional Law-Interstate Privileges And Immunities-State's Proprietary Interest In Its Natural Resources, Daniel W. Reddin, Iii
Constitutional Law-Interstate Privileges And Immunities-State's Proprietary Interest In Its Natural Resources, Daniel W. Reddin, Iii
Michigan Law Review
Plaintiffs, non-residents of South Carolina, brought action to enjoin enforcement of the South Carolina statutes regulating fishing within the three mile maritime belt. The statutes imposed an annual license fee on boats engaged in shrimp fishing of $25.00, if owned by residents, and of $2500.00, if owned by non-residents; it exacted a tax of 1/8 cent per pound on green shrimp taken or "canned, shucked or shipped for market," and it required all licensed boats to unload, pack and properly stamp their catch in South Carolina before shipment to another state. Plaintiffs who fish within and beyond the three-mile limit …