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Rule of capture

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Institution
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Articles 1 - 7 of 7

Full-Text Articles in Law

Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray Jan 2014

Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray

Law Faculty Scholarly Articles

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …


Facts, Information, And The Newly Discovered Record In Pierson V. Post, James E. Krier Jan 2009

Facts, Information, And The Newly Discovered Record In Pierson V. Post, James E. Krier

Articles

Unlike Professors Fernandez, Banner, and Donahue, I am not a legal historian; like them, however, I am much interested in the comings and goings of the famous old case about the fox. It figures significantly in my course on property and in my co-authored book on the subject. The background of the case is noted in the book and will be updated in the next edition to take account of Fernandez's discovery of the hitherto lost judgment roll in the case.I Her find yields many facts, but, in my judgment, virtually no information. Facts are necessary to information, but not …


Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute Jun 2008

Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

16 pages.

Includes bibliographical references

"2007"

"Collaborative Governance Report 2"


Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock Jun 2000

Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock

Water and Growth in the West (Summer Conference, June 7-9)

13 pages.


Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier Jan 1996

Capture And Counteraction: Self- Help By Environmental Zealots (Allen Chair Symposium 1996: The Future Of Environmental And Land-Use Regulation), James E. Krier

Articles

Self-help is a largely neglected topic in American legal studies.1 With the exception of a survey by a group of law students published a dozen years ago,2 there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way.3 This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.


Groundwater Law In The Great Lakes States: A Lawyer's Catalog For The Benefit Of Water Planners, Robert H. Abrams Jan 1993

Groundwater Law In The Great Lakes States: A Lawyer's Catalog For The Benefit Of Water Planners, Robert H. Abrams

Journal Publications

Water rights are of single importance in the Great Lakes region. Of primary concern are the various laws that govern the allocation and use of water. Virtually every Great Lakes state has its own rich history of judicially resolved water disputes. These disputes have occasioned the generation of a common law of waters and water rights which are often supplemented by statutes. Not only is this true for surface waters, it is also true for groundwater. It is the groundwater resource that this article addresses.


Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom Jun 1992

Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

18 pages.