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Full-Text Articles in Law

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer Jan 2003

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer

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No abstract provided.


Western Justice, Richard B. Collins Jan 2003

Western Justice, Richard B. Collins

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No abstract provided.


Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff Jan 2003

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

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No abstract provided.


In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter Jan 2003

In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter

Publications

This paper examines the challenge of protecting American Indian sacred sites located on federal public lands. Many have addressed this issue in the religious freedoms context, but I believe the problem is just as much about property law. The Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association, for example, would appear to suggest that federal ownership of certain sacred sites trumps tribal free exercise clause claims regarding those sites. This holding corresponds with a classic model in which "[p]roperty is about rights over things and the people who have those rights are called owners." However, a …


The Monumental Legacy Of The Antiquities Act Of 1906, Mark Squillace Jan 2003

The Monumental Legacy Of The Antiquities Act Of 1906, Mark Squillace

Publications

The Antiquities Act of 1906 authorizes the President of the United States "to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon [federal] lands . . . to be national monuments . . . " The law was passed during the Theodore Roosevelt administration, and Roosevelt quickly set about designating a wide range of lands and resources as national monuments, including notably, the 800,000 acre Grand Canyon National Monument. Roosevelt's expansive interpretation of the law was embraced by later presidents and ultimately by the Supreme Court. In …