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Articles 31 - 33 of 33
Full-Text Articles in Law
Ocean Zoning And Spatial Access Privileges: Rewriting The Tragedy Of The Regulated Ocean, Josh Eagle, James N. Sanchirico, Barton H. Thompson Jr.
Ocean Zoning And Spatial Access Privileges: Rewriting The Tragedy Of The Regulated Ocean, Josh Eagle, James N. Sanchirico, Barton H. Thompson Jr.
Faculty Publications
No abstract provided.
A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle
A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle
Faculty Publications
The holding of the U.S. Court of Appeals for the Federal Circuit in American Pelagic Fishing Co. v. United States points to the conclusion that the government will almost never be liable, under the Takings Clause, when fisheries regulations reduce the value of commercial fishing permits, vessels, or gear. From the perspective of natural resource economics, this is a healthy result. Economists suggest that solving commons problems requires that natural resources be under the complete control of a sole owner who makes self-interested decisions about resource use, and if the Fifth Amendment required the government owner to compensate fishermen when …
Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle
Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle
Faculty Publications
Two high-level committees - the U.S. Commission on Ocean Policy and the Pew Oceans Commission - have recently issued reports expressing grave concerns about the condition of America's oceans. In these reports, the commissions suggest that institutional flaws underlie current problems. Specifically, the commissions' views are that state and federal agencies with marine jurisdiction lack the mechanisms, and the incentives, to coordinate their management activities. Accordingly, both commissions recommend the creation of regional ocean governance bodies. Although the commissions' designs differ, their goal is the same: management that operates on a larger scale and incorporates more ocean interests. This article …