Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (4)
- Natural Resources Law (4)
- Administrative Law (3)
- Environmental Law (3)
- Property Law and Real Estate (3)
-
- American Art and Architecture (2)
- Animal Law (2)
- Arts and Humanities (2)
- Biodiversity (2)
- Constitutional Law (2)
- Dispute Resolution and Arbitration (2)
- Earth Sciences (2)
- English Language and Literature (2)
- Environmental Health and Protection (2)
- Environmental Policy (2)
- Environmental Sciences (2)
- History of Art, Architecture, and Archaeology (2)
- Hydrology (2)
- Jurisdiction (2)
- Land Use Law (2)
- Legislation (2)
- Life Sciences (2)
- Literature in English, North America (2)
- Natural Resources Management and Policy (2)
- Natural Resources and Conservation (2)
- Physical Sciences and Mathematics (2)
- Public Affairs, Public Policy and Public Administration (2)
- Public Policy (2)
- Institution
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Legal History
"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
"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
Publications
No abstract provided.
Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa
Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa
Michigan Journal of International Law
This article examines the legal aspects of the respective claims by the two claimants to the northeastern stretches of the lake: to the eastern shoreline by Malawi and to the median line by Tanzania. Maluwa proceeds as follows. First, the Article sketches out the historical and political background of the dispute and examines some preliminary legal issues in Part I. Part II discusses the legal significance of boundaries, state succession to boundary treaties, and the relevance of post-colonial African state practice in this respect. A central aspect of this practice is the adoption by African states of the principle of …
Constitutional Backdrops, Stephen E. Sachs
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 Constitution. These …
Fault At The Contract-Tort Interface, Roy Kreitner
Fault At The Contract-Tort Interface, Roy Kreitner
Michigan Law Review
The formative period in the history of contract and tort (in the second half of the nineteenth century) may be characterized by the cleavage of contract and tort around the concept of fault: tort modernized by moving from strict liability to a regime of "no liability without fault," while contract moved toward strict liability. The opposing attitudes toward fault are puzzling at first glance. Nineteenth-century scholars of private law offered explanations for the opposition, reasoning that alternative ideas about fault account for the different character of state involvement in enforcing private law rights: tort law governs liabilities imposed by law …
The Boundaries Of Private Property, Michael A. Heller
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 …
Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams
Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams
Articles in Law Reviews & Other Academic Journals
The fall of communism and the subsequent opening of Central and Eastern Europe (CEE) have revealed a regional ecosystem under serious strain after over forty years of communist stewardship. Although the entire region suffers from an exploited ecosystem, particular destruction has occurred in the border regions of the CEE states. The substantial environmental destruction and continuing degradation in these border regions give rise to a number of transboundary environmental disputes, which must be resolved if the situation is to be alleviated.'
External Development: Turning Problems Into Opportunities, T. Destry Jarvis
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
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 difficult …