Law Commons^™

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power

Faculty Scholarship

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Faculty Scholarship

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …

Converting Conditional Water Rights To Instream Flow Protection: A Property Transfer Strategy, David L. Harrison

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

64 pages.

Contains references.

Changing Conceptions Of Property And Sovereignty In Natural Resources Law: Questioning The Public Trust Doctrine, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

This Article considers and evaluates the 'public trust doctrine," one of the most remarkable legal bases upon which natural resources law has relied in this ongoing transformation. The public trust doctrine is based on an amorphous notion that has been with us since the days of Justinian - the notion that the public possesses inviolable rights in certain natural resources. Commentators first hailed the doctrine in 1970 as offering the most promising legal basis upon which individual members of the public could maintain a lawsuit to protect natural resources from needless degradation and destruction. In the seminal article on the …