Law Commons^™

The National Wildlife Refuge System And The Hallmarks Of Modern Organic Legislation, Robert L. Fischman

Articles by Maurer Faculty

This article explores the origins and precise meaning of the term "organic act," which is widely used in public land law. The evolution in the meaning of the term reflects larger shifts in the role of legislation in public resource management. The article illustrates this with an analysis of the 1997 Refuge Improvement Act, a substantial revision of the charter for the Refuge System and the first major statute governing public land management enacted since the 1970s.

The Refuge System's "dominant use" regime is an important model for sustainable resource management. The article describes this regime in the context of …

The Taming Of The Precautionary Principle, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera

Articles by Maurer Faculty

No abstract provided.

Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman

Articles by Maurer Faculty

This Article addresses how well forestry law in the United States promotes sustainable development, with special attention to the trends of the past decade. The role of law in shaping forest management decisions has been a contentious issue in this recent period, and forestry has been at the forefront of public concern about sustainability of natural resource management generally. Therefore, the problems and opportunities for forestry law to promote sustainable development are indications of the weaknesses and strengths of the overall U.S. legal regime.