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Full-Text Articles in Law
The Game Is Afoot: Constitutionalizing The Right To Hunt And Fish In The Tennessee Constitution, Jeffrey Omar Usman
The Game Is Afoot: Constitutionalizing The Right To Hunt And Fish In The Tennessee Constitution, Jeffrey Omar Usman
Law Faculty Scholarship
The normative role of state constitutions, which are simultaneously paramount state law and inferior to the whims of even the most minor federal regulation, is a matter of some uncertainty. In recent years, state constitutions have been significantly affected by another wave of popular constitutionalism. As part of this movement, since 1996, seven states have adopted constitutional provisions guaranteeing a right to hunt and fish. This article explores the constitutionalization of hunting and fishing rights under state constitutions. It begins by tracing hunting and fishing rights through western legal history with a special emphasis on Ancient Rome, England, and the …
Individual Aboriginal Rights, John W. Ragsdale Jr
Individual Aboriginal Rights, John W. Ragsdale Jr
Faculty Works
When Whites first came to North America, they encountered an indigenous population in relative balance with the land. It was not a perfect harmony, but was, nonetheless, capable of enduring indefinitely. Regardless of episodic instability caused by erosion, over-hunting, or deforestation, the distinguishing socio-economic facts were that the native peoples did not treat the land as a commodity or freely exploitable resource, they were not preoccupied with economic growth or personal gain, and they did not believe in human domination over the rest of the world. Instead, their central beliefs were balance and reciprocity. How were these subsistence communities and …