Law Commons^™

Rethinking Public Land Use Planning, Mark Squillace

Publications

The public land use planning process is broken. The land use plans of the principal multiple-use agencies—the United States Forest Service and the Bureau of Land Management (“BLM”)—are unnecessarily complex, take too long to complete, monopolize the time and resources of public land management agency staffs, and fail to engage the general public in any meaningful way. Moreover, the end result is too often a plan that is not sufficiently nimble to respond to changing conditions on the ground, a problem that appears to be accelerating due to climate change.

It might seem easy to chalk up these problems to …

The Tragic Story Of The Federal Coal Leasing Program, Mark Squillace

Publications

No abstract provided.

The Public Lands And The National Heritage, Charles F. Wilkinson

Publications

No abstract provided.

Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss

Publications

This Essay serves as a critique of the New Urbanism in general and of form-based code in particular as a tool of the New Urbanism. It may be true that form-based code offers more flexibility than traditional zoning schemes and thus may offer some respite from acknowledged ills such as social and racial divisions created by exclusionary zoning and other tools, and from the relative inutility of single or limited use districts. However, I will argue that these benefits are eclipsed by some of the problems of form-based code. Form-based code is frequently hailed as a back to the future …

Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter

Publications

The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes …

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

Publications

No abstract provided.

In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter

Publications

This paper examines the challenge of protecting American Indian sacred sites located on federal public lands. Many have addressed this issue in the religious freedoms context, but I believe the problem is just as much about property law. The Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association, for example, would appear to suggest that federal ownership of certain sacred sites trumps tribal free exercise clause claims regarding those sites. This holding corresponds with a classic model in which "[p]roperty is about rights over things and the people who have those rights are called owners." However, a …

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

Publications

No abstract provided.

Alienation Of Conservation Easements, Richard B. Collins

Publications

No abstract provided.

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

Publications

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 …

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

Publications

No abstract provided.

Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins

Publications

No abstract provided.

Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins

Publications

No abstract provided.

Western Water Law In Transition, Charles F. Wilkinson

Publications

No abstract provided.

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

Publications

No abstract provided.

Book Review, Howard C. Klemme

Publications

No abstract provided.

Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches

Publications

No abstract provided.

Special Treatment Of Cemeteries, David H. Getches

Publications

No abstract provided.