Law Commons^™

Property As A Management Institution, Lynda L. Butler

Faculty Publications

No abstract provided.

Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Changing Regulatory Frameworks for Shale Development and "Social License to Operate" (July 24)

Rapid development of unconventional shale resources in recent years has raised a series of regulatory issues both here and abroad. Because of the "distributed" nature of shale development and the significant increase in wells in key basins, local land-use conflicts have also erupted in certain areas of the country, leading to restrictions and moratoria on drilling by state, county, and municipal governments and raising questions about the industry's continued social license to operate in key jurisdictions. This moderated panel discussion will assess the current regulatory framework governing shale gas development and the changing dynamics among federal, state, and local regulation …

The Promises Of Freedom: The Contemporary Relevance Of The Thirteenth Amendment, William M. Carter Jr.

Articles

This article, an expanded version of the author's remarks at the 2013 Honorable Clifford Scott Green Lecture at the Temple University Beasley School of Law, illuminates the history and the context of the Thirteenth Amendment. This article contends that the full scope of the Thirteenth Amendment has yet to be realized and offers reflections on why it remains an underenforced constitutional norm. Finally, this article demonstrates the relevance of the Thirteenth Amendment to addressing contemporary forms of racial inequality and subordination.

Some Preliminary Thoughts On The Law Of Neighbors, Jim Smith

Scholarly Works

A fundamental characteristic of real property law, one that is definitional in nature, is that its subject matter consists of land parcels. A land parcel, in contrast to an ownership interest such as a fee simple estate, is not an abstraction. Each land parcel has a physical reality, and virtually all land parcels abut other parcels. Each parcel has one particular location, defined by its proximity to other pieces of property. The value of a land parcel depends heavily upon its location, and the nature of neighboring parcels has a major impact in determining that value.

Owners of neighboring parcels …

Property In Law: Government Rights In Legal Innovations, Stephen Clowney

Law Faculty Scholarly Articles

One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or …

Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jennifer Pitt, Environmental Defense Fund, Boulder, CO

26 slides

Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT

25 slides

Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona

37 slides

The Right To The City, Ngai Pindell

Scholarly Works

The identity and character of cities in America have been profoundly influenced by race. In the past, laws mandating the segregation of African American and white urban residents through racially discriminatory housing and lending policies created racial geographic boundaries within cities and between cities and suburbs. The impact of this racial segregation in cities can be seen in the creation and persistence of an urban African American underclass in some cities as well as many urban neighborhoods marked by racial homogeneity and economic underinvestment.

The racial climate in the United States in more recent years has been decidedly different. Overt …

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides

Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law

77 slides

Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Tim Randle, Manager, Sedimentation and River Hydraulic Group, U.S. Bureau of Reclamation

58 slides

The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

4 pages.

"John Nagle, Univ. of Notre Dame Law School" -- Agenda

Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder

43 slides

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"

Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

4 pages.

"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"

Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya

Publications

No abstract provided.

Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

10 pages (includes color illustrations and maps).

Sacred Sites And Religious Freedom On Government Land, Richard B. Collins

Publications

No abstract provided.

Clarifying State Water Rights And Adjudications, Greg Hobbs

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

14 pages.

Contains footnotes.

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.

Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

13 pages.

Contains footnotes.

Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

11 pages.

Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

9 pages.

Waiting To Exhale Under The Esa: The Evolution Of Hcps And Section 4(D) Rules, Donald J. Barry

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

16 pages.

The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

13 pages.

The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center

The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23)

19 pages.

Includes footnotes.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on April 23, 1996.

Contents: National Park Service regulation of private mineral estates / David B. Shaver -- Recent litigation regarding federal split estates : who has control? what are the limits? / Andrew C. Mergen -- The problem of federal-private split mineral estates / Scott W. Hardt

Many federally owned lands overlie privately owned oil and gas and mineral rights. Increasingly, the competition between agency multiple use directives and private interests in resource development has resulted in legal battles between …

Values And The Public Lands, Dale Jamieson

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

11 pages.

Contains 3 pages of references.

Economic Rationales For Continued Government Ownership Of Land, John B. Loomis

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

9 pages.

Contains references.