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Full-Text Articles in Law

Common Grounds, Common Waters: Towards A Water Ethic - Roundtable Discussion, Gabriel Eckstein, Irene Klaver Oct 2008

Common Grounds, Common Waters: Towards A Water Ethic - Roundtable Discussion, Gabriel Eckstein, Irene Klaver

Faculty Scholarship

The purpose of this roundtable discussion is to continue the dialogue but in a more informal setting, and to allow people to develop some of the ideas and concepts that they started earlier but could not finish because of the time limits.

It is also to get the audience and the panelists to ask questions of each other and to participate in more of a dialogue. To start this discussion I want to raise, at least to the panelists, this issue of wants versus needs, and I am actually going to add one more-versus rights-because I thought that was very …


The Nature Of Legal Education And Its Links To Water Management, Denise D. Fort Jun 2008

The Nature Of Legal Education And Its Links To Water Management, Denise D. Fort

Faculty Scholarship

When water decisions are made, water lawyers are central fi gures, and decisions are made within the framework of the governing institutions. In this essay, I discuss legal education and the training of a water lawyer. Students from other disciplines may seek out legal education, so approaches to their education are considered.


Asr From A Legal Perspective, Denise D. Fort May 2008

Asr From A Legal Perspective, Denise D. Fort

Faculty Scholarship

No abstract provided.


Examples Of The Political Character Of International Water Law, Gabriel E. Eckstein Apr 2008

Examples Of The Political Character Of International Water Law, Gabriel E. Eckstein

Faculty Scholarship

It is widely known that over a billion people lack access to potable water, and well over twice that number are without adequate sanitation'-the latter situation often being related to the former. It has been calculated that every eight seconds a child dies of water-related causes-a stunning statistic and an absolutely unacceptable state of affairs.

While much has been made of the prospect of global water shortages, what is perhaps not so well known is that most of the world's fresh water is shared by two or more states. There are more than 260 international drainage basins, which account for …


El Precia Del Agua [Pricing Water], Carlos Gómez-Ligüerre, Vanessa Casado-Pérez, Ignacio Marín-García Mar 2008

El Precia Del Agua [Pricing Water], Carlos Gómez-Ligüerre, Vanessa Casado-Pérez, Ignacio Marín-García

Faculty Scholarship

En España, como en otros muchos países, el agua es un recurso escaso que se asigna ineficientemente. El Estado es su propietario y la asigna a precios políticos e inadecuados. Mientras que la agricultura absorbe dos tercios de este preciado bien, los hogares y la industria consumen sólo el 18 y el 13 % respectivamente. Este trabajo propone la creación de un mercado de derechos sobre el agua controlado por una agencia estatal, pues los costes de transacción son tan elevados que el resultado alcanzado a través de la negociación libre entre las partes no sería eficiente.

In Spain, as …


State Practice In The Management And Allocation Of Transboundary Ground Water Resources In North America, Gabriel Eckstein, Amy Hardberger Jan 2008

State Practice In The Management And Allocation Of Transboundary Ground Water Resources In North America, Gabriel Eckstein, Amy Hardberger

Faculty Scholarship

Throughout the world, international and state political boundaries divide ground water resources into politically convenient jurisdictions. Subsurface water, however, does not recognize such borders and flows freely without regard to overlying politics. This disregard for the political dimension, coupled with the growing global importance of fresh water, has the potential for aggravating disputes and conflicts over the use, allocation, and preservation of such resources. To date, widely accepted norms of international law applicable to transboundary aquifers have yet to emerge. However, local and regional agreements, including both formal and unofficial arrangements, suggest the emergence of state practice that should be …


Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray Jan 2008

Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray

Faculty Scholarship

No abstract provided.


In Praise Of Joe Sax, John D. Leshy Jan 2008

In Praise Of Joe Sax, John D. Leshy

Faculty Scholarship

No abstract provided.


Interstate Groundwater Resources: The Federal Role, John D. Leshy Jan 2008

Interstate Groundwater Resources: The Federal Role, John D. Leshy

Faculty Scholarship

No abstract provided.


Where's The Beef? Facilitating Voluntary Retirements Of Federal Lands From Livestock Grazing, John D. Leshy, Molly S. Mcusic Jan 2008

Where's The Beef? Facilitating Voluntary Retirements Of Federal Lands From Livestock Grazing, John D. Leshy, Molly S. Mcusic

Faculty Scholarship

No abstract provided.


Dams, Duties, And Discretion: Bureau Of Reclamation Water Project Operations And The Endangered Species Act, Reed D. Benson Jan 2008

Dams, Duties, And Discretion: Bureau Of Reclamation Water Project Operations And The Endangered Species Act, Reed D. Benson

Faculty Scholarship

Nearly thirty years ago, the U.S. Supreme Court decided whether the survival of a relatively small number of three-inch fish among all the countless millions of species extant would require the permanent halting of a virtually completed dam for which Congress has expended more than $100 million.' Stunningly, the fish won, because the language, history, and structure of the Endangered Species Act showed 'beyond doubt that Congress intended endangered species to be afforded the highest of priorities.' The Court acknowledged that this view of the statute would carry substantial economic costs, but was persuaded that '[t]he plain intent of Congress …