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Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
I consider in this paper the extent to which courts rationally and on a principled basis can deny to aboriginal claimants, despite the ancientness of their claims, the specific relief of being restored to possession of their aboriginal lands where the case for such specific relief is otherwise made. The paper begins with a brief discussion of the foundations of property in the Western conception, then goes on to discuss the Europeans' asserted title to indigenous lands and the various theories of aboriginal title that have emerged. It then explores the past and existing legal obstacles to the judicial resolution …
The Takings Clause And The Separation Of Powers: An Essay, John A. Humbach
The Takings Clause And The Separation Of Powers: An Essay, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The most fundamental environmental problem is this: across our nation there are literally hundreds of millions of acres of important natural resource lands-- farms, forests, wetlands, reservoir watersheds, shore lands, endangered species habitat--lands that have relatively little commercial value in their present natural condition, but which would have much greater commercial value if their natural values were degraded or destroyed. Stated differently, private property often will yield a much greater profit to its owner if it is used in ways that will harm or obliterate important environmental assets and values. For this reason, private owners are understandably tempted to supplant …