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Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle
Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle
University of Colorado Law Review
Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land tenure-the use right-and argues that those tribes that historically recognized use rights in land might benefit from increased reliance on these traditional customs. The Comment argues that in the tribal context, use rights can potentially be just as economically efficient, if not more so, than the Anglo- American system of unqualified, …
From Martz To The Twenty-First Century: A Half- Century Of Natural Resources Law Casebooks And Pedagogy, Michael C. Blumm, David H. Becker
From Martz To The Twenty-First Century: A Half- Century Of Natural Resources Law Casebooks And Pedagogy, Michael C. Blumm, David H. Becker
University of Colorado Law Review
Clyde Martz published the first natural resources law casebook in 1951, combining the previously discrete subjects of water law, mining law, and oil and gas law. Martz relied almost exclusively on case excerpts and emphasized the creation of private rights in natural resources. Over the nexthalf century, through several generations of casebooks, the natural resources course developed in response to the rise of the environmental movement and a series of energy crises. This article traces the evolution of the natural resources law casebooks from Martz's pioneering effort through several generations of texts to a new generation of casebooks that has …
Colorado Hb 1061 And Advocating For The End Of Caveat Emptor In Residential Leases, David I. Blower
Colorado Hb 1061 And Advocating For The End Of Caveat Emptor In Residential Leases, David I. Blower
University of Colorado Law Review
In 2005, Governor Bill Owens vetoed House Bill 1061, which was an attempt by the Colorado legislature to enact some minimal protections for residential tenants. Governor Owens's veto was the latest chapter in Colorado's failure to provide residential-tenant protections. Although the vast majority of states have either judicially-implied or statutory tenant protections, Colorado has bucked the trend. First, in 1976, the Colorado Supreme Court refused to imply a warranty of habitability in residential leases, instead deferring to the legislature. Since then, in addition to Governor Owens's veto, the legislature has also failed to pass a residential warranty. Instead of maintaining …
Finding More Pieces For The Takings Puzzle: How Correcting History Can Clarify Doctrine, David A. Thomas
Finding More Pieces For The Takings Puzzle: How Correcting History Can Clarify Doctrine, David A. Thomas
University of Colorado Law Review
No abstract provided.