Legal History Commons^™

Agency Genesis And The Energy Transition, Sharon B. Jacobs

Publications

Commentators and policymakers frequently propose new government agencies in response to novel or intractable problems. New agencies can refocus public attention on the problems they regulate. They can attract new talent and bypass calcified or captured channels. But they are also costly, and there is no guarantee that they will be more successful than their predecessors.

This Article examines agency genesis at the state level. In the process, it expands recent thinking about the administrative separation of powers to the states. At the federal level, setting up agency rivalries within the executive branch can be an effective tool for mitigating …

Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff

Publications

Even the nation’s most cherished and protected public lands are not spaces apart from the workings of law, politics, and power. This Essay explores that premise in the context of Grand Canyon National Park. On the occasion of the Park’s 100th Anniversary, it examines how law — embedded in a political economy committed to rapid growth and development in the southwestern United States — facilitated the violent displacement of indigenous peoples and entrenched racialized inequalities in the surrounding region. It also explores law’s shortcomings in the context of sexual harassment and discrimination within the Park. The Essay concludes by suggesting …

Grazing In Wilderness Areas, Mark Squillace

Publications

Domestic livestock grazing is naturally in tension with wilderness. Wilderness areas are not truly "untrammeled by man" when they host managed livestock grazing. Yet the compromise that allowed livestock grazing in wilderness areas was surely one of the greatest in the history of the conservation movement. Without it, Congress might never have passed a wilderness bill or designated countless wilderness areas throughout the country. The grazing exception--and the Congressional Grazing Guidelines that afford specific protections for grazers--made it possible to secure bipartisan support for wilderness bills in even the most conservative western states.

Notwithstanding this success, the ecology of some …

Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson

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No abstract provided.

The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches

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No abstract provided.

Arnold Schwarzenegger And Our Common Future, Sarah Krakoff

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No abstract provided.

Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches

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No abstract provided.

Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle

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No abstract provided.

The Monumental Legacy Of The Antiquities Act Of 1906, Mark Squillace

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The Antiquities Act of 1906 authorizes the President of the United States "to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon [federal] lands . . . to be national monuments . . . " The law was passed during the Theodore Roosevelt administration, and Roosevelt quickly set about designating a wide range of lands and resources as national monuments, including notably, the 800,000 acre Grand Canyon National Monument. Roosevelt's expansive interpretation of the law was embraced by later presidents and ultimately by the Supreme Court. In …

The Metamorphosis Of Western Water Policy: Have Federal Laws And Local Decisions Eclipsed The States’ Role?, David H. Getches

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No abstract provided.

A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson

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No abstract provided.

Land Use, Science, And Spirituality: The Search For A True And Lasting Relationship With The Land, Charles Wilkinson

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No abstract provided.

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

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No abstract provided.

The National Forest Management Act: The Twenty Years Behind, The Twenty Years Ahead, Charles F. Wilkinson

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No abstract provided.

A Great Loneliness Of Spirit, Charles F. Wilkinson

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No abstract provided.

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

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Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

Foreword: The Challenge Of Rio, David H. Getches

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No abstract provided.

Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson

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No abstract provided.

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

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No abstract provided.

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches

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No abstract provided.

Law And The American West: The Search For An Ethic Of Place, Charles F. Wilkinson

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No abstract provided.

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

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No abstract provided.

Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson

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No abstract provided.

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

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No abstract provided.

The Forest Service: A Call For A Return To First Principles, Charles F. Wilkinson

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No abstract provided.

The Law Of The Pacific Salmon Fishery: Conservation And Allocation Of A Transboundary Common Property Resource, Charles F. Wilkinson, Daniel Keith Conner

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No abstract provided.

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

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No abstract provided.