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University of Colorado Law School

Property Law and Real Estate

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Articles 1 - 30 of 513

Full-Text Articles in Law

Privatizing The Reservation?, Kristen A. Carpenter, Angela R. Riley Jan 2019

Privatizing The Reservation?, Kristen A. Carpenter, Angela R. Riley

Articles

The problems of American Indian poverty and reservation living conditions have inspired various explanations. One response advanced by some economists and commentators, which may be gaining traction within the Trump Administration, calls for the “privatization” of Indian lands. Proponents of this view contend that reservation poverty is rooted in the federal Indian trust arrangement, which preserves the tribal land base by limiting the marketability of lands within reservations. In order to maximize wealth on reservations, policymakers are advocating for measures that would promote the individuation and alienability of tribal lands, while diminishing federal and tribal oversight.

Taking a different view ...


Feeding The Eco-Consumer, Alexia Brunet Marks Jan 2018

Feeding The Eco-Consumer, Alexia Brunet Marks

Articles

There is a lot of talk about making our food system more “sustainable,” and eco-consumers — those who consider environmental sustainability as an important purchasing priority — are making themselves heard. This growing consumer segment is rapidly gaining national attention for moving more sustainable products to the market, and for its willingness to pay more for these options. However, while economists normally predict that higher prices lead profit-minded suppliers to enter a market to meet a new and growing demand, this transition is not occurring at the pace one would expect.

This Article argues that land tenure status — whether a farmer rents ...


Slides: The Nsw Aboriginal Land Council (Nswalc) And Aboriginal Land Rights In Nsw, New South Wales Aboriginal Land Council Jun 2016

Slides: The Nsw Aboriginal Land Council (Nswalc) And Aboriginal Land Rights In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

19 slides


Slides: Crystalised Not Frozen: Addressing Historical Exclusion Of Traditional Owners From Water, Poh-Ling Tan Jun 2016

Slides: Crystalised Not Frozen: Addressing Historical Exclusion Of Traditional Owners From Water, Poh-Ling Tan

Indigenous Water Justice Symposium (June 6)

Poh-Ling Tan, Griffith University

13 slides


Fact Sheet: Water Licences, New South Wales Aboriginal Land Council Jun 2016

Fact Sheet: Water Licences, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

4 pages

Contains references


Fact Sheet: Comparison Of Land Rights And Native Title In Nsw, New South Wales Aboriginal Land Council Jun 2016

Fact Sheet: Comparison Of Land Rights And Native Title In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

3 pages

Contains footnotes

"Land Rights and Native Title in NSW"

"October 2012"

"This document has been prepared by the New South Wales Aboriginal Land Council (NSWALC) for Local Aboriginal Land Councils (LALCs) and Aboriginal communities in NSW. NSWALC acknowledges the assistance of NTSCORP Limited (NTSCORP) in the development of this Fact Sheet."--Last page


Owning Red: A Theory Of Indian (Cultural) Appropriation, Angela R. Riley, Kristen A. Carpenter Jan 2016

Owning Red: A Theory Of Indian (Cultural) Appropriation, Angela R. Riley, Kristen A. Carpenter

Articles

In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make contemporary headlines, American Indians often experience these claims within a historical and continuing experience of dispossession. For hundreds of years, the U.S. legal system has sanctioned the taking and destruction of Indian lands, artifacts, bodies, religions, identities, and beliefs, all toward the project of conquest and ...


Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap Feb 2015

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides


Bank Regulation And Securitization: How The Law Improved Transmission Lines Between Real Estate And Banking Crises, Erik F. Gerding Jan 2015

Bank Regulation And Securitization: How The Law Improved Transmission Lines Between Real Estate And Banking Crises, Erik F. Gerding

Articles

This essay examines how securitization served as a new coupling rod joining cycles in real estate and banking markets and created a new pathway for financial contagion in the “subprime” financial crisis. Legal changes promoted the growth of securitization and improved this crisis transmission line. The essay examines the history of legislative and regulatory changes that facilitated bank participation in the markets for mortgage-backed securities. The essay then explains how securitization failed to mitigate the credit, liquidity, and interest rate risk associated with real estate when losses in residential markets became correlated nationwide. It then discusses how regulation contributed to ...


They Had Nothing, Charles Wilkinson Jan 2015

They Had Nothing, Charles Wilkinson

Articles

No abstract provided.


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"


Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson Nov 2013

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"


Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program Nov 2013

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities ...


Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann Nov 2013

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6


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 Jul 2013

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 ...


Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review Apr 2012

Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review

A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)

On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs ...


Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse Jan 2012

Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Imse, Hydrogeologist, ENVIRON International Corporation presents an overview of the current methods for developing a shale play and the typical site operations

10 slides


Slides: Air Monitoring And Litigation Update, John Jacus Jan 2012

Slides: Air Monitoring And Litigation Update, John Jacus

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities

23 slides


Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden Jan 2012

Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Debra Kaden, Ph.D., Toxicologist, ENVIRON International Corporation, discusses air concentrations of chemicals of potential health concern surrounding oil and gas development activities, as well as temporal and spatial patterns of these chemicals in the ambient environment. Such information is necessary to evaluate possible health impacts of the drilling process on air in surrounding communities.

19 slides


Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau Jan 2012

Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level

8 slides


Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center Jan 2012

Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Impacts from Oil and Gas Development (January 27)

Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.


Suing Courts, Frederic Bloom, Christopher Serkin Jan 2012

Suing Courts, Frederic Bloom, Christopher Serkin

Articles

This Article argues for a new and unexpected mechanism of judicial accountability: suing courts. Current models of court accountability focus almost entirely on correcting legal errors. A suit against the court would concentrate on something different--on providing transition relief, by way of legal remedy, to those bearing the heaviest burdens of desirable legal change. These suits may at first appear impossible. But suing courts is conceptually rational and mechanically reasonable, a tool that eases legal transitions while navigating the many hurdles modern doctrine puts in the way. This Article sets out the first complete account of how, where, and why ...


Slides: Environmental Water In Australia, Chris Arnott Feb 2011

Slides: Environmental Water In Australia, Chris Arnott

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Chris Arnott, Managing Director, Alluvium Consulting

30 slides


Slides: Adapting To Climate Change: Lessons Learnt From The Australian Water Experience, Will Fargher Feb 2011

Slides: Adapting To Climate Change: Lessons Learnt From The Australian Water Experience, Will Fargher

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Will Fargher, National Water Commission, Australian Government

18 slides [4 have titles only and are missing images]


Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta Jun 2009

Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta

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

Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO

14 slides


Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell Jun 2009

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

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

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides


Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp Jun 2009

Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp

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

Presenter: Adam Schempp, Environmental Law Institute, Washington, DC

12 slides


Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace Jun 2009

Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace

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

Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School

20 slides


Slides: Indian Water Rights, Robert T. Anderson Jun 2009

Slides: Indian Water Rights, Robert T. Anderson

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

Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School

19 slides