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Articles 1 - 30 of 31
Full-Text Articles in Law
Antiques Roadshow: The Common Law And The Coming Age Of Groundwater Marketing, Dean Baxtresser
Antiques Roadshow: The Common Law And The Coming Age Of Groundwater Marketing, Dean Baxtresser
Michigan Law Review
Groundwater law in the United States is ill suited to deal with the issue of groundwater marketing. As freshwater shortages become more common with increasing population and a warming climate, scholars and business people are touting water markets as the solution to conservation and distribution, as well as a source of hefty profits. T Boone Pickens-the famous oil tycoon of Texas-has turned this concept into reality with his attempt to exploit the groundwater of the Ogallala Aquifer in the Texas Panhandle for thirsty Texas cities. Despite the looming water shortages, however, states have not adapted their laws to deal with …
Gore Wars, Alex Kozinski
Gore Wars, Alex Kozinski
Michigan Law Review
Unless you've been frozen in carbonite or are hopelessly gullible, it must have occurred to you at some point during the last three decades that environmental activists are exaggerating just a bit when they claim that, unless we dramatically change our way of life, we'll soon see the end of civilization as we know it. I'm not sure when these doomsday predictions got started - probably they go back to Malthus and beyond - but I first became aware of environmental Jeremiadism in college in the early 1970s, when tout-le-monde were reading a little book called The Limits to Growth. …
The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches
The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches
Michigan Law Review
A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is everything where water law typically dictates that the senior water rights holder is satisfied first, even if it means taking all the water and leaving none for anyone else. In the West, water rights belong to "prior appropriators." The earliest users of water secure …
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Michigan Law Review
In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …
Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde
Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde
Michigan Law Review
Primarily due to policy considerations, this Note argues that courts should allocate to the federal agency proposing an activity that may affect the coastal zone the burden of proving consistency with a state CMP. This allocation effectuates Congress's intent to vest states with primary control to preserve the coastal zone. Part I provides a general background of the Act's consistency requirement for federally conducted activities. Part II examines the various factors that courts traditionally consider when allocating burdens of proof in litigation. Part III evaluates these factors as applied to the consistency issue under the CZMA. Part IV concludes that …
A Tale Of Two Rivers, Carol M. Rose
A Tale Of Two Rivers, Carol M. Rose
Michigan Law Review
A Review of The Green Cathedral: Sustainable Development of Amazonia by Juan de Onis and Nature Incorporated: Industrialization and the Waters of New England by Theodore Steinberg
Untangling The Market-Participant Exemption To The Dormant Commerce Clause, Dan T. Coenen
Untangling The Market-Participant Exemption To The Dormant Commerce Clause, Dan T. Coenen
Michigan Law Review
This article explores the market-participant rule. Part I traces the rule's evolution and shows how it has proven less rigid than some initially feared. Part II probes the roots of the rule by challenging justifications for it suggested by other observers. Part III offers an alternative theory of the market-participant doctrine, arguing in particular that it rests on a cluster of rationales that properly have led· the Court to uphold marketplace preferences as the "general rule." Part IV builds on Part III to advance a new, four-part framework for evaluating market-participant issues. Part V then uses that framework to apply …
Reflections On The Exclusionary Zoning Of American Nature, A.E. Keir Nash
Reflections On The Exclusionary Zoning Of American Nature, A.E. Keir Nash
Michigan Law Review
Joseph Sax's Mountains Without Handrails: Reflections on the National Parks deserves more serious scrutiny than does the typical pro-wilderness treatise about the optimum future of our nation's public lands. That is because beneath its elegant form lies a unique argument. Sax's stated central aim is to test the core "preservationist" position concerning nonbusiness use of public lands to determine whether it is a position that Congress, administrative agencies, and the public "should be inclined to follow" (p. 3). The question is, given the "enormous growth of recreation in recent years" (p. 2), whether the national parks, forests, and deserts should …
National Parks And Self-Restraint, Peter Steinhart
National Parks And Self-Restraint, Peter Steinhart
Michigan Law Review
A Review of Mountains Without Handrails: Reflections on the National Parks by Joseph L. Sax
British Wildlife Law Before The American Revolution: Lessons From The Past, Thomas A. Lund
British Wildlife Law Before The American Revolution: Lessons From The Past, Thomas A. Lund
Michigan Law Review
Early legislation may excite the condescending interest ·that Dr. Johnson directed toward a dog walking on its hind legs: "It is not done well; but you are surprised to find it done at all." British wildlife law, however, merits more respect. As long ago as the Middle Ages, man's appetite for meat endowed legislators with at least an ambling competence at wildlife management. Nor has the passage of time made their efforts wholly irrelevant. Early methods of controlling habitat, for example, may still be appropriate since historical change has not altered the needs of animals as it has those of …
Preservation Of America's Open Space: Proposal For A National Land-Use Commission, Paul N. Mccloskey Jr.
Preservation Of America's Open Space: Proposal For A National Land-Use Commission, Paul N. Mccloskey Jr.
Michigan Law Review
Environmental hazards may be divided into four types: those affecting air, those affecting water, those affecting quietude, and those affecting landscape. This Article will focus on the last of these hazards and will analyze a single aspect of it: the continuing loss of open-space lands. I suggest that this loss can be controlled only if we are willing, in the next decade, to review and to overhaul our entire basic system of land use and tax laws, accepting no present law as sacred other than the constitutional guarantee of just compensation for the taking of private property.
The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review
The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review
Michigan Law Review
The scope of the Department's functions is vast, and the statutory and regulatory materials dealing with those functions are overwhelming in their complexity and breadth. For that reason, this Comment will not seek to make an exhaustive examination of the agency's functions and procedures; rather, it will attempt to provide a selective illustration of the agency's procedures and functions and to concentrate on adjudicatory and review procedures, including judicial review. Because recent years have seen a marked increase in attention to resources and to conservation issues by persons and groups not otherwise directly concerned with the disposition of public lands, …
Marine: America The Raped: The Engineering Mentality And The Devastation Of A Continent, Owen Olpin
Marine: America The Raped: The Engineering Mentality And The Devastation Of A Continent, Owen Olpin
Michigan Law Review
A Review of America the Raped: The Engineering Mentality and the Devastation of a Continent by Gene Marine
The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax
The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax
Michigan Law Review
Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. While this Article was being written, several dozen such suits were initiated-to enforce air and water pollution laws in states where public agencies have been created …
Scheingold: The Rule Of Law In European Integration--The Path Of The Schuman Plan, Robert M. Campbell
Scheingold: The Rule Of Law In European Integration--The Path Of The Schuman Plan, Robert M. Campbell
Michigan Law Review
A Review of The Rule of Law in European Integration--The Path of the Schuman Plan by Stuart A. Scheingold
Selling Reclamation Water Rights: A Case Study In Federal Subsidy Policy, Joseph L. Sax
Selling Reclamation Water Rights: A Case Study In Federal Subsidy Policy, Joseph L. Sax
Michigan Law Review
This situation raises some interesting questions about federal reclamation policy and about subsidy policy in general. Why should a program designed to give a needed service at reasonable rates evolve into one where the original recipients, at the end of their time of need, are also rewarded by the gift of a large capital asset? Moreover, why should that reward be given at the expense of their successors on the project, who, one would think, are equally the concern of the reclamation program? These are the questions ·with which this article will be concerned.
Sullivan: Conservation Of Oil And Gas. A Legal History - 1958, Joseph R. Julin
Sullivan: Conservation Of Oil And Gas. A Legal History - 1958, Joseph R. Julin
Michigan Law Review
A Review of Conservation of Oil and Gas. A Legal History - 1958. Edited by Robert E. Sullivan.
Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler
Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler
Michigan Law Review
Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.
The Conference On The Law Of The Sea: A Report, Charles Swan, James Ueberhorst
The Conference On The Law Of The Sea: A Report, Charles Swan, James Ueberhorst
Michigan Law Review
From the viewpoint of the United States, far too much attention was given by many delegates to the political aspects of the articles and too little attention to the legal. Many of the new and the underdeveloped States adopted the position that rules established before they were able to influence their formulation should be changed as a matter of progress. They viewed some aspects of freedom of the high seas as a fiction invented by the maritime nations to rob them of their living resources off their coasts.
Atomic Energy - Uranium Procurement - Legal Aspects Of The Aec Domestic Ore Purchase Program, Michael Scott S.Ed., Edward M. Heppenstall
Atomic Energy - Uranium Procurement - Legal Aspects Of The Aec Domestic Ore Purchase Program, Michael Scott S.Ed., Edward M. Heppenstall
Michigan Law Review
The federal government's domestic uranium ore procurement program, initially announced following World War II to ensure maximum exploration and development for military purposes, has met with extraordinary success. So improved is this country's military uranium picture that the Atomic Energy Commission was recently able to announce that uranium concentrate purchases would not be further increased. This announcement is viewed as a matter .of serious concern by the domestic ore producer, who must continue to look to the federal government as his sole market; a noticeable private market for peaceful uses of atomic energy fuels may not be realized for more …
International Law - Treaties - Inclusion Of Purely Domestic Matters In Reservations, Peter H. Hay S.Ed.
International Law - Treaties - Inclusion Of Purely Domestic Matters In Reservations, Peter H. Hay S.Ed.
Michigan Law Review
In consenting to the ratification of the treaty between the United States and Canada concerning uses of the waters of the Niagara River, the Senate attached a reservation which stated that "no project for redevelopment of the United States' share of such waters shall be undertaken until it be specifically authorized by Act of Congress." On the basis of this reservation, the Federal Power Commission denied the application of the Power Authority of the State of New York for a license under the Federal Power Act covering the new flow of water made available under the treaty. On appeal to …
Legal Control Of Thermonuclear Energy: The Atomic Energy Act And The Hydrogen Program, John S. Walker
Legal Control Of Thermonuclear Energy: The Atomic Energy Act And The Hydrogen Program, John S. Walker
Michigan Law Review
Criticisms which can be focused on our thermonuclear program arise primarily from human factors and not from past or present legislative silence. Nevertheless, our atomic energy legislation can suitably attempt to maximize the opportunities for achieving thermonuclear objectives and to minimize the chances of misjudgment in administration of the law. It is the special responsibility of lawyers that the law adequately recognize and implement so important a field as thermonuclear energy, or that it fail in these respects. The following discussion approaches atomic energy legislation from the new but necessary perspective of the thermonuclear program.
Constitutional Law - Privileges And Immunities - Commerce Clause-Proprietary Interest Of State In Its Natural Resources, Charles D. Bell
Constitutional Law - Privileges And Immunities - Commerce Clause-Proprietary Interest Of State In Its Natural Resources, Charles D. Bell
Michigan Law Review
Plaintiffs, residents of Georgia, sued to enjoin the enforcement of a South Carolina statute imposing on shrimp boats a license fee one-hundred times greater for nonresident owners than for resident owners, and requiring all shrimp to be unloaded, packed, and stamped in South Carolina before shipments into other states. The suit was based on the alleged contravention of the privileges and immunities and commerce clauses of the Constitution of the United States. Plaintiff's petition was dismissed by the trial court. On appeal, held, reversed. The disparity in resident and nonresident license fees constituted discrimination against nonresidents in violation of …
Constitutional Law-Interstate Privileges And Immunities-State's Proprietary Interest In Its Natural Resources, Daniel W. Reddin, Iii
Constitutional Law-Interstate Privileges And Immunities-State's Proprietary Interest In Its Natural Resources, Daniel W. Reddin, Iii
Michigan Law Review
Plaintiffs, non-residents of South Carolina, brought action to enjoin enforcement of the South Carolina statutes regulating fishing within the three mile maritime belt. The statutes imposed an annual license fee on boats engaged in shrimp fishing of $25.00, if owned by residents, and of $2500.00, if owned by non-residents; it exacted a tax of 1/8 cent per pound on green shrimp taken or "canned, shucked or shipped for market," and it required all licensed boats to unload, pack and properly stamp their catch in South Carolina before shipment to another state. Plaintiffs who fish within and beyond the three-mile limit …
Constitutional Law - Discriminatory State Game Legislation - Constitutionality As To Non-Resident Landowner, Russel T. Walker
Constitutional Law - Discriminatory State Game Legislation - Constitutionality As To Non-Resident Landowner, Russel T. Walker
Michigan Law Review
A non-resident landowner and his assignee brought an action to enjoin enforcement of a Louisiana statute which denied them the right to secure licenses to trap furbearing animals or alligators on the former's land until they had resided in the state for not less than one year. Held, the statute, discriminating as it did against landowners purely on the basis of non-residence, was unconstitutional as a deprivation of property and a denial of equal protection of the law. Pavel v. Patterson, (D. C. La. 1938) 24F. Supp. 915.
Waters And Watercourses - Extent Of Riparian Land - Compensation On Condemnation, Gerald M. Stevens
Waters And Watercourses - Extent Of Riparian Land - Compensation On Condemnation, Gerald M. Stevens
Michigan Law Review
Plaintiff owned a ranch comprising over 45,000 acres and fronting for six miles on the North Platte river. One and a half miles of the river frontage were taken by eminent domain proceedings for a dam and reservoir. Plaintiff claimed the value of his whole ranch was reduced by the loss of water rights, by the destruction of sheltering trees and brush, by the creation of a potential hazard to cattle, and by the threat of floods from breaking dam or dikes. He recovered damages on that basis. Reversing the judgment, the court held, riparian rights attached only to …
State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox
State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox
Michigan Law Review
Inapplicability of the common law doctrine of riparian rights to conditions in the arid region moved the first territorial legislature of Colorado to recognize the counter doctrine of prior appropriation. In fact, the right to the water in the streams of Colorado, by prior appropriation, antedated any legislation. "It was the common law of the people, and legislation, both national and territorial, was but a recognition declaratory of the right as it had theretofore and then existed."-1 Adhering to territorial precedent, Colorado was the first state to incorporate the priority doctrine in its organic law.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Lien--Settlement Pending Judgment; Bankruptcy--discharge--Liability Absolutely Owing; Bankruptcy--Partnership--Individual Estate of a Partner; Banks and Banking--Checks on Trust Funds--Deposit to Personal Account of Trustee--Liability of Bank; Banks and Banking--Deposit Slip Headed by Mistake in Another's Name--Bankbook Does not Control; Constitutional Law--freedom To Contract--Master and Servant--Regulating Hours of Service; Constitutional Law--Interstate Commerce--solicitation of Orders for Sale of Intoxicating Liquors; Criminal Law--Offenses by Drivers of Automobiles; Damages--Extent of Liability on Replevin Bond; Damages--What may be Considered in Mitigation in Action for Libel; Deeds--Delivery--Grantee's Name Blank; Equity--Injunction to Restrain Cutting of Timber--Policy of State; Federal Procedure--Removal of Causes--Fraudulent Joinder; Gaming--"Bookmaking"--Oral Bets; Garnishment--Set-off of …
Note And Comment, Harry B. Hutchins, Donald L. Way, Wendal A. Herbruck
Note And Comment, Harry B. Hutchins, Donald L. Way, Wendal A. Herbruck
Michigan Law Review
The Ownership of Sunken Logs; Combination Among Physicians to Fix Prices for Professional Services; The Issuance of Receivers' Certificates to pay Interest, Etc.; The Federal Constitution is Not Violated by a State Law Compelling one Accused of Crime to Testify Against Himself; Transfer of Negotiable Instrument Without Endorsement
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Aliens - Right to Take Land by Descent - Loss of State's Right to Escheat; Bailment - Liability of Incidental Bailee; Bankruptcy - Preferences - Franchise Tax; Bankruptcy - Transfers Required to be Recorded - Preferences; Bills and Notes - Bona Fide Purchaser - Notice of Want of Power in Transferrer; Bills and Notes - Unrestricted Negotiability of Bills of Lading; Constitutional Law - Commerce Clause - Statute Relating to Interstate Carriers as Employers; Constitutional Law - Indeterminate Sentence Law; Courts - Rules of Property - Stare Decisis; Criminal Law - Exclusion of Public from Trials; Criminal Law - Impeachment …