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Full-Text Articles in Law
Migration Conservation: A View From Above, Robert L. Fischman
Migration Conservation: A View From Above, Robert L. Fischman
Articles by Maurer Faculty
The extinction prevention focus of natural resources policy diverts attention from important issues of ecological integrity and adaptation to climate change. Animal migration conservation serves as a bridge from the imperiled species problem to the more spatially and temporally difficult problems surrounding climate change adaptation. Conserving abundant animal migrations both strengthens the resilience of the ecosystems in which they function and tests the resilience of social institutions responsible for adaptation. This essay synthesizes the findings of a two-year, interdisciplinary study of animal migration conservation. It also introduces the articles that follow in a symposium issue of the journal, Environmental Law.
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman
Articles by Maurer Faculty
Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Intergenerational Condemnation, Donald H. Gjerdingen
Intergenerational Condemnation, Donald H. Gjerdingen
Articles by Maurer Faculty
Justice between generations is a growing concern in land use, particularly in the areas of environmental and historic preservation. In this Article, Professor Gerdingen addresses the effect of this development on contemporary takings clause doctrine. He argues that conventional takings doctrine is comprised of four different "causes of action" that merely focus on intragenerational conflicts over the use of resources. As a result, part of the reason why the law generates so many hard cases in the area of environmental and historic preservation is that the conventional takings doctrine is unable to accommodate the justice between generations component of preservation …
Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus
Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus
Articles by Maurer Faculty
No abstract provided.
Western Water Law And Coal Development, A. Dan Tarlock
Western Water Law And Coal Development, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Appropriation For Instream Flow Maintenance: A Progress Report On "New" Public Western Water Rights, A. Dan Tarlock
Appropriation For Instream Flow Maintenance: A Progress Report On "New" Public Western Water Rights, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Book Review. The Forest Service: A Study In Public Land Management By G. O. Robinson, A. Dan Tarlock
Book Review. The Forest Service: A Study In Public Land Management By G. O. Robinson, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Recent Developments In The Recognition Of Instream Uses In Western Water Law, A. Dan Tarlock
Recent Developments In The Recognition Of Instream Uses In Western Water Law, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Book Review. A Wilderness Bill Of Rights By W. O. Douglas, A. Dan Tarlock
Book Review. A Wilderness Bill Of Rights By W. O. Douglas, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Preservation Of Scenic Rivers, A. Dan Tarlock
Preservation Of Scenic Rivers, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Florida's Ground Water: Legal Problems In Managing A Precious Resource, Sheldon J. Plager, Frank E. Maloney
Florida's Ground Water: Legal Problems In Managing A Precious Resource, Sheldon J. Plager, Frank E. Maloney
Articles by Maurer Faculty
No abstract provided.
Book Review. Managing Our Urban Environment: Cases, Text & Problems By D. R. Mandelker, A. Dan Tarlock
Book Review. Managing Our Urban Environment: Cases, Text & Problems By D. R. Mandelker, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Colorado Encourages Rapid Depletion Of Its Ground-Water Resources, A. Dan Tarlock
Colorado Encourages Rapid Depletion Of Its Ground-Water Resources, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.