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Full-Text Articles in Law
Our Global Commons, Brigham Daniels, James Salzman
Our Global Commons, Brigham Daniels, James Salzman
BYU Law Review
No abstract provided.
The Tragicomedy Of The Commons, Brigham Daniels
The Tragicomedy Of The Commons, Brigham Daniels
BYU Law Review
Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.
That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …
Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig
Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig
BYU Law Review
Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …
Local Governments And Global Commons, Jonathan Rosenbloom
Local Governments And Global Commons, Jonathan Rosenbloom
BYU Law Review
No abstract provided.
Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray
Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray
BYU Law Review
One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …
Naming The Tragedy, Eric T. Freyfogle
Surprising Commons, Carol M. Rose
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Brigham Young University Journal of Public Law
No abstract provided.
Protecting The Environment By Addressing Market Failure In Intellectual Property Law: Why Compulsory Licensing Of Green Technologies Might Make Sense In The United States Institutional Religious Exemptions: A Balancing Approach, Adam Gunderson
BYU Law Review
No abstract provided.
Drilling Down: New York, Hydraulic Fracturing, And The Dormant Commerce Clause, Meredith A. Wegener
Drilling Down: New York, Hydraulic Fracturing, And The Dormant Commerce Clause, Meredith A. Wegener
Brigham Young University Journal of Public Law
The debate surrounding hydraulic fracturing and natural gas development from shale rock needs no embellishment. This highly sought resource and highly fought drilling technique trigger significant concerns: human health, energy independence, national security, water safety, air quality, agricultural well-being, outdoor aesthetic impairment, government involvement at all levels and by all branches, and economic development and sustainability. Whether actively participating in this conversation or not, everyone has a stake in the resolution of whether to allow this technique to be utilized and these resources to be produced.
Is The Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey Into Discovering Congressional Intent, Szonja Ludvig
Is The Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey Into Discovering Congressional Intent, Szonja Ludvig
BYU Law Review
No abstract provided.
Nepa And Indirect Effects Of Foreign Activity: Limiting Principles From The Presumption Against Extraterritoriality And Transnational Lawmaking, David Heywood
BYU Law Review
No abstract provided.