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Full-Text Articles in Law
Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen
Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen
University of Michigan Journal of Law Reform
This Article critically examines the design of property rights for emerging natural resources—naturally occurring substances that humans have only recently come to be able to exploit viably—through a case study of how the fifty states allocate ownership in, and regulate the use of, atmospheric moisture, an issue that has emerged in the context of weather modification (particularly cloud seeding). Building on the surprising finding that legislative declarations of state ownership have not resulted in greater regulatory control or other substantial restrictions on private use, this Article highlights a dimension of property rights design that has yet to receive concerted scholarly …
The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz
The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz
University of Michigan Journal of Law Reform
The modern public trust doctrine compels each Great Lakes state to protect the sustainable future of the Lakes and to preserve traditional public uses. At the same time, the doctrine constrains the states' powers to allow exploitation of trust resources. This Article provides a brief historical overview of the public trust doctrine in waterways and their submerged lands. It next explores how the eight Great Lakes states have applied the doctrine, discusses the surprising number of differences in the doctrine's development from state to state, and provides comparison charts. After analyzing the variety of approaches used by the eight states …