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Full-Text Articles in Law

"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson Jan 2018

"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson

Articles

No abstract provided.


Selling State Borders, Joseph Blocher Jan 2014

Selling State Borders, Joseph Blocher

Faculty Scholarship

Sovereign territory was bought and sold throughout much of American history, and there are good reasons to think that an interstate market for borders could help solve many contemporary economic and political problems. But no such market currently exists. Why not? And could an interstate market for sovereign territory help simplify border disputes, resolve state budget crises, respond to exogenous shocks like river accretion, and improve democratic responsiveness? Focusing on the sale of borders among American states, this Article offers constitutional, political, and ethical answers to the first question, and a qualified yes to the second.


Molecular Dynamics Study On The Atomic Mechanisms Of Coupling Motion Of [0 0 1] Symmetric Tilt Grain Boundaries In Copper Bicrystal, Liang Zhang, Cheng Lu, Guillaume Michal, A Kiet Tieu, Kuiyu Cheng Jan 2014

Molecular Dynamics Study On The Atomic Mechanisms Of Coupling Motion Of [0 0 1] Symmetric Tilt Grain Boundaries In Copper Bicrystal, Liang Zhang, Cheng Lu, Guillaume Michal, A Kiet Tieu, Kuiyu Cheng

Faculty of Law, Humanities and the Arts - Papers

Recent research has revealed that some grain boundaries (GBs) can migrate coupled to applied shear stress. In this paper, molecular dynamics (MD) simulations were performed on sixteen [0 0 1] symmetric tilt GBs of bicrystal Cu to identify atomic-scale GB migration mechanisms and investigate their dependence on GB structure. The misorientation angles (θ) of the sixteen GBs cover the interval from 0° to 90° and a wide range of Σ values. A general method was proposed to explore the possible GB structures for each misorientation angle. Molecular statics simulation at a temperature of 0K were carried out first to determine ...


Haunting National Boundaries: Lbgti Asylum Seekers, Nan Seuffert Jan 2014

Haunting National Boundaries: Lbgti Asylum Seekers, Nan Seuffert

Faculty of Law, Humanities and the Arts - Papers

Two areas of scholarship on asylum seekers and detention camps rarely consider the position of LBGTI asylum seekers: the first is legal scholarship on asylum seeker non-entr e regime policies of 'excision' and 'exile', and the second is scholarship theorising the 'bare life', or lack of political and legal rights, and related issues encountered by asylum seekers at the boundary of the nation. This article contributes to and extends these bodies of scholarship by reading LBGTI asylum seekers into Australia's recent asylum seeker non-entr e polices of 'excision' and 'exile'. Using scholarship and reports produced internationally, it raises issues ...


One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield Jan 2013

One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers

The provisions of the United Nations Convention on the Law of the Sea dealing with the delimitation of maritime boundaries are limited and open to varied interpretation. Nevertheless, the advent of the Convention had a significant impact on ocean boundary making. Subsequent developments have also arguably led to a clearer approach to maritime boundary delimitation. These evolutions are traced and contemporary challenges highlighted


Constitutional Backdrops, Stephen E. Sachs Jan 2012

Constitutional Backdrops, Stephen E. Sachs

Faculty Scholarship

The Constitution is often said to leave important questions unanswered. These include, for example, the existence of a congressional contempt power or an executive removal power, the role of stare decisis, and the scope of state sovereign immunity. Bereft of clear text, many scholars have sought answers to such questions in Founding-era history. But why should the historical answers be valid today, if they were never codified in the Constitution's text?

This Article describes a category of legal rules that weren't adopted in the text, expressly or implicitly, but which nonetheless have continuing legal force under the written ...


Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista Jan 2011

Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers

The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States; and second, is its claim that all the waters embraced within these imaginary lines are its territorial waters. The Philippine Government is not unaware of these issues ...


Government Of Sudan V. Sudan’S People’S Liberation Movement/Army (“Abyei Arbitration”), Coalter G. Lathrop Jan 2010

Government Of Sudan V. Sudan’S People’S Liberation Movement/Army (“Abyei Arbitration”), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.


Setting Limits And Boundaries In The Pacific: The Essential Framework To Manage Marine Resources, Clive H. Schofield Jan 2010

Setting Limits And Boundaries In The Pacific: The Essential Framework To Manage Marine Resources, Clive H. Schofield

Faculty of Law, Humanities and the Arts - Papers

The paper explores the purpose and value of setting maritime limits and boundaries and, in particular, argues that to do so is crucial in order to provide a clear jurisdictional framework so as to better realise the benefits to be derived from the value marine resources contained within the maritime spaces claimed by coastal States. The problems associated with maritime jurisdictional uncertainty are also noted. The spatial limits of maritime claims under international law are outlined together with the key ways in which the limits of such claims can be established. Challenges and uncertainties in defining maritime limits and boundaries ...


The Delimitation Of Maritime Boundaries Of The Pacific Island States, Clive H. Schofield Jan 2010

The Delimitation Of Maritime Boundaries Of The Pacific Island States, Clive H. Schofield

Faculty of Law, Humanities and the Arts - Papers

The Pacific island States possess limited land territory but enormous maritime entitlements. Claims to maritime jurisdiction out to 200 nautical miles offshore, and in some cases the existence of continental shelf rights extending beyond the 200 mile limit, have resulted in overlapping claims and the creation of numerous “new” international maritime boundaries. The majority of these potential maritime boundaries both among the Pacific island States and between the Pacific island States and their maritime neighbours have yet to be delimited. The paper outlines relevant claims to maritime jurisdiction including recent submissions regarding outer continental shelf limits, explores how maritime boundaries ...


Boundaries, Biodiversity, Resources, And Increasing Maritime Activities: Emerging Oceans Governance Challenges For Canada In The Arctic Ocean, Clive H. Schofield, Ian Townsend-Gault, Tavis Potts Jan 2009

Boundaries, Biodiversity, Resources, And Increasing Maritime Activities: Emerging Oceans Governance Challenges For Canada In The Arctic Ocean, Clive H. Schofield, Ian Townsend-Gault, Tavis Potts

Faculty of Law - Papers (Archive)

The Arctic region is undergoing rapid environmental and socioeconomic change. As one of the most rapidly warming places on the planet, the Arctic is experiencing dramatic climate change-related impacts, such as a severe downward trend in sea ice cover. The scientific community projects that this trend could result in a sea ice-free summer by as early as 2020. As conditions warm, the retreat of sea ice is driving an expansion of political and economic activity. Recent world media attention has been focused on the Arctic to an unprecedented extent. Much of the discourse has been devoted to a perceived Arctic ...


Skirmishes On The Temporal Boundaries Of States, Meir Dan-Cohen Jan 2009

Skirmishes On The Temporal Boundaries Of States, Meir Dan-Cohen

Faculty Scholarship

Seeks to better understand conflict resolution via the vehicle of time. The future is the tool by which resolution may be achieved, provided the past is also considered, and not allowed to form a barrier. To this end, looks at the reductionist answer to resolution, which the author finds lacking in effectiveness. Two other approaches to considering damage caused in the past are the ontological and epistemological, both which also have their shortcomings. The author suggests rather that by the vehicles of apology and forgiveness, reparations, and other means of contrition, the disparity between, say, two nations, may be alleviated ...


The Delimitation Of Maritime Boundaries: A Matter Of Life Or Death For East Timor?, Clive Schofield, I Made Andi Arsana Jan 2007

The Delimitation Of Maritime Boundaries: A Matter Of Life Or Death For East Timor?, Clive Schofield, I Made Andi Arsana

Faculty of Law - Papers (Archive)

As a newly independent country, East Timor is faced with a number of significant challenges and opportunities—including the delimitation of international boundaries. Although it is the case that the majority of maritime boundaries around the world remain undelimited, where they are defined they provide jurisdictional clarity and certainty (Prescott & Schofield 2005:216-18). This can have multifaceted benefits, for instance in terms of facilitating the sustainable and effective management of the ocean environment and enhancing maritime security. Perhaps of more pressing importance for a developing country, agreement on the limits of maritime jurisdiction serves to secure coastal state rights to ...


Communicating Entitlements: Property And The Internet, William Hubbard Apr 2004

Communicating Entitlements: Property And The Internet, William Hubbard

All Faculty Scholarship

No abstract provided.


Memorandum Opinion Re Chippewa Cree Tribe-Mt Compact, Mt Water Court Jun 2002

Memorandum Opinion Re Chippewa Cree Tribe-Mt Compact, Mt Water Court

Native American Water Rights Settlement Project

Memorandum Opinion re Chippewa Cree Tribe-MT Compact, MT Water Court: Procedural History, p. 1; Preliminary Review of Chippewa Cree Tribe – Montana Compact p. 11; Summary of Compact p. 12; Preliminary Conclusion, P. 16; Objections and Heightened Review, p. 17; Conclusion p. 43.


The Boundaries Of Private Property, Michael A. Heller Jan 1999

The Boundaries Of Private Property, Michael A. Heller

Articles

If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive ...


The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller Jan 1998

The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller

Articles

Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries and ...


Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller Jan 1996

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller

Articles

The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary ...


Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber Jan 1995

Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center Jun 1989

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will ...


External Development: Turning Problems Into Opportunities, T. Destry Jarvis Sep 1986

External Development: Turning Problems Into Opportunities, T. Destry Jarvis

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

9 pages.


Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center Sep 1986

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and ...


Meeting Colorado’S Water Requirements: An Overview Of The Issues, David H. Getches Oct 1985

Meeting Colorado’S Water Requirements: An Overview Of The Issues, David H. Getches

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

43 pages (includes tables and map).

Includes 3 pages of footnotes.


Market Intervention By The Courts: The Economics Of Occupational Boundary-Setting, Steven Johnson, John B. Corgel Jul 1983

Market Intervention By The Courts: The Economics Of Occupational Boundary-Setting, Steven Johnson, John B. Corgel

Articles and Chapters

[Excerpt] Market intervention by the courts may take many forms and may occur in a variety of contexts. Sometimes even the most obscure types of judicial decisions can exert a significant impact on the efficiency of exchange (i.e., the price-quality equilibrium) in the market. Consequently, one criterion for evaluating legal precedent is its impact, if any, on the efficiency of exchange in the market.


Compilation Of Smith's Index To Littell's Laws Of Kentucky Which Relate To Barren County And Selected Areas, Kentucky Library Research Collections Jan 1931

Compilation Of Smith's Index To Littell's Laws Of Kentucky Which Relate To Barren County And Selected Areas, Kentucky Library Research Collections

Kentucky Library Research Collections

Abstracted information from A COMPLETE INDEX TO THE NAMES OF PERSONS, PLACES AND SUBJECTS MENTIONED IN LITTELL'S LAWS OF KENTUCKY A GENEALOGICAL AND HISTORICAL GUIDE PREPARED BY W. T. SMITH that includes personal acts approved by the state of Kentucky with information from the following sessions relating to Barren, Monroe, Cumberland, Allen and Warren Counties: 1792 June Session 1 59-114 1792 November Session 1 115-172 1793 November Session 1 173-221 1794 November Session 1 222-274 1795 November Session 1 275-360 1796 November Session 1 361-604 1797 February Session 1 605-696 1797 November Session 1 697-698 1798 January Session 2 ...


International Extradition, Henry W. Rogers Jan 1888

International Extradition, Henry W. Rogers

Articles

It is a well-established principle of law that criminal prosecutions are local and not transitory. A wrong-doer whose wrong consists in a civil injury, or arises out of a breach of contract, can ordinarily be required to answer for the wrong done wherever he may be found. But a different principle is applied to the case of one who has committed a crime. As one nation does not enforce the penal laws of another, and as the process of the courts of a state can confer no authority beyond its own territorial limits, punishment can be avoided by escaping from ...