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- Institution
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- University of Colorado Law School (46)
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- Natural resources law (14)
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- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
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- United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009)) (8)
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- Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010)) (7)
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Articles 91 - 104 of 104
Full-Text Articles in Law
First Circuit Interprets Rapanos To Determine Which Test To Apply, Jonathan Lew
First Circuit Interprets Rapanos To Determine Which Test To Apply, Jonathan Lew
Sea Grant Law Fellow Publications
No abstract provided.
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandi Zellmer, Christine Klein
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandi Zellmer, Christine Klein
Nebraska College of Law: Faculty Publications
In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a “man-made” disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer
Nebraska College of Law: Faculty Publications
Hurricanes are a natural, predictable phenomenon, yet the Gulf Coast communities were devastated by the hurricanes of 2005. One year after Hurricane Katrina struck, the U.S. Army Corps of Engineers responded to a congressional request for an accounting by admitting culpability for the destruction of New Orleans. Its structural defenses failed not because Congress had authorized only moderate Category 3 protection, which in turn let floodwaters overtop the city's levees, but because levees and floodwalls simply collapsed. The so-called network of federal and local structures was a haphazard system in name only, where floodwalls and levees of varying heights utilized …
Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki
Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
With its abundance of natural resources and due to the state's strong environmental policies, Wisconsin has “enjoyed a reputation as a state rich in natural beauty and recreational opportunities.” Yet, despite the state's strong environmental protections, some based upon constitutional principles, this Article addresses whether Wisconsin's environmental constitutional provisions can be improved upon. This Article attempts to evaluate the existing environmental provisions in the Wisconsin Constitution, and considers, looking at a variety of options and sources, whether the state should proceed forward with any changes, minor or major, to environmental law in the Wisconsin Constitution. This Article considers expansion of …
What Is Natural Resources Law?, Robert L. Fischman
What Is Natural Resources Law?, Robert L. Fischman
Articles by Maurer Faculty
A recent flurry of new natural resources law casebooks, coming a quarter-century since the publication of the last significant new teaching materials, is an occasion to revisit the boundaries that define the field. The similarities among the casebooks are stronger than their differences, and represent a consensus about what composes natural resources law. The published teaching materials as well as an informal poll of natural resources law professors show a substantial overlap between natural resources and environmental law course coverage. Administrative implementation of statutes dominates both subjects. Both courses typically cover environmental impact analysis and endangered species protection. The new …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reflections On The Tenth Anniversary Of The Refuge Improvement Act, Robert L. Fischman
Reflections On The Tenth Anniversary Of The Refuge Improvement Act, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King
Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King
Articles by Maurer Faculty
This article considers recent trends in federalism, with particular attention to natural resource law's statutory savings clauses. It begins with a case study of elk management in Jackson Hole, Wyoming. The elk controversy shows how a statutory savings clause can provide a state with traction to advance its interests, and demonstrates how the political winds of change can shift the balance of state-federal relations. The article then focuses on the common statutory savings clauses and their roles in circumscribing federal agency authority and establishing a basis for cooperation between federal and state governments. We analyze the interpretive approaches the judiciary …
Form 5 Llc: A Modest Proposal For A Limited Liability Company Agreement Based On Form 5, Alex Ritchie, James F. Cress, Paul Smith
Form 5 Llc: A Modest Proposal For A Limited Liability Company Agreement Based On Form 5, Alex Ritchie, James F. Cress, Paul Smith
Faculty Scholarship
Long before there were limited liability companies, there were mining joint ventures. Although LLCs have generally become the dominant choice for the formation of privately held entities, the common law joint venture stubbornly persists as the preferred investment vehicle for mining companies. To add to the suite of Form 5 mining joint venture forms previously published by the Rocky Mountain Mineral Law Foundation, this article proposes yet another version of Form 5, dubbed the Modest Form, with the hope that a new LLC form project would be launched by the Foundation and thereby become more manageable. The Modest Form is …
Democratising Or Demonising The World Heritage Convention?, Natasha Affolder
Democratising Or Demonising The World Heritage Convention?, Natasha Affolder
All Faculty Publications
In recent disputes surrounding mining projects in and around World Heritage sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of 'democratic deficits' originate from both opponents and supporters of the Convention regime. They challenge the compatibility of international processes with national law and institutions, raise questions of accountability and transparency, and revisit tensions between state sovereignty and common heritage. This paper traces these perceptions of democratic shortcomings in the Convention regime to certain misunderstandings of the Convention, to failed participatory processes at the national level, and to the …
Emerging Commons And Tragic Institutions, Brigham Daniels
Emerging Commons And Tragic Institutions, Brigham Daniels
Faculty Scholarship
For the past forty years, scholars have developed an immense literature devoted to understanding and solving the tragedy of the commons. The most prominent solutions to this tragedy have focused on building and maintaining stable institutions. This Article reexamines this foundational literature by exploring the costs of stability. In many cases, far more than is generally recognized, the way we value the commons changes. When values change, stable institutions that once made perfect sense become rigid institutions that block change. This Article explains how institutions most able to solve the tragedy of the commons often cause a tragedy of another …
Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff
Publications
No abstract provided.
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Publications
No abstract provided.
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Publications
No abstract provided.