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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.
Surprising Commons, Carol M. Rose
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 …
Agglomerama, Lee Anne Fennell
Naming The Tragedy, Eric T. Freyfogle
Local Governments And Global Commons, Jonathan Rosenbloom
Local Governments And Global Commons, Jonathan Rosenbloom
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 …
Clark Memorandum: Fall 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- In Praise of Thinking Like a Lawyer (James R. Rasband)
- Choices (Guido Calabresi)
- Be Not Afraid of Greatness (Allison Belnap)
- Marriage, Family Law, and the Temple (Elder Bruce C. Hafen)
- Lamentation (Arta Romney Ballif)
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.
Public Lands And The Federal Government's Compact-Based "Duty To Dispose": A Case Study Of Utah's H.B.148–The Transfer Of Public Lands Act, Donald J. Kochan
Public Lands And The Federal Government's Compact-Based "Duty To Dispose": A Case Study Of Utah's H.B.148–The Transfer Of Public Lands Act, Donald J. Kochan
BYU Law Review
Recent legislation passed in March 2012 in the State of Utah—the “Transfer of Public Lands Act and Related Study,” (“TPLA”) also commonly referred to as House Bill 148 (“H.B. 148”)—has demanded that the federal government, by December 31, 2014, “extinguish title” to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres). It also calls for the transfer of such acreage to the State and establishes procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer. The State of Utah claims that the …