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Articles 1 - 7 of 7
Full-Text Articles in Law
Congressional Discretion Under The Property Clause, Eugene R. Gaetke
Congressional Discretion Under The Property Clause, Eugene R. Gaetke
Law Faculty Scholarly Articles
The property clause of article IV grants Congress the authority to regulate federal lands. In referring to that authority, the Supreme Court has observed that “the power over the public land thus entrusted to Congress is without limitations.”
The simplicity of the Court's statement is appealing. Its implications, however, are troubling, especially for those states in which a substantial amount of federal property exists. If the property clause power of Congress is "without limitations," the power of some states over a considerable portion of the land within their boundaries is severely limited. For those states, an unlimited property clause power …
Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger
Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
6 pages.
Federal Nonreserved Water Rights, Frank J. Trelease
Federal Nonreserved Water Rights, Frank J. Trelease
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
5 pages.
Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.
Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
8 pages.
Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker
Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
24 pages.
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Publications
No abstract provided.
The Boundary Waters Canoe Area Wilderness Act Of 1978: Regulating Nonfederal Property Under The Property Clause, Eugene R. Gaetke
The Boundary Waters Canoe Area Wilderness Act Of 1978: Regulating Nonfederal Property Under The Property Clause, Eugene R. Gaetke
Law Faculty Scholarly Articles
In an effort to resolve the nagging controversy over the management of more than one million acres of public forests, lakes, and streams in northeastern Minnesota, Congress enacted the Boundary Waters Canoe Area Wilderness Act of 1978 (BWCA Act). Despite its objective, the Act has engendered further controversy. Particularly troublesome are several provisions that regulate the use of motorboats on lakes within and partly within the area. Those provisions test the scope of congressional power over nonfederal property under the property clause of article IV of the United States Constitution.
This Article examines the aged Supreme Court cases under which …