Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills
Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills
Faculty Journal Articles & Other Writings
The current era arguably poses the most complex and challenging environmental dilemmas in human history. With climate change, increasingly scarce resources, and exponentially expanding demand, traditional legal notions of standing, harm, and liability are being stretched and reshaped to accommodate a shifting set of values regarding natural resources and potentially respond to the moment. While these novel and innovative approaches are modestly reshaping the fields of natural resources and environmental law, however, the historical and time-honored claims of Indian tribes are also presenting avenues for rethinking the foundations of those areas of law. Arising both within and outside of the …
Mitigating Malheur's Misfortune: The Public Interest In The Public's Public Lands, Sandra B. Zellmer
Mitigating Malheur's Misfortune: The Public Interest In The Public's Public Lands, Sandra B. Zellmer
Faculty Law Review Articles
The Article begins its inquiry with an in-depth look at the forty-one-day long standoff between armed militants and law enforcement officials at Malheur, which means "misfortune" in French. The occupation of the Refuge ended with one death and the prosecution of over two dozen individuals for trespass, destruction of government property, conspiracy, and related charges. It all began when the Hammonds, who held grazing permits on Bureau of Land Management ("BLM") land adjacent to the Refuge, were prosecuted for starting fires on federal land.1 The Hammonds' conviction for the incident might have been the end of the story, but another …