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Articles 1 - 30 of 74
Full-Text Articles in Law
The Public Trust Doctrine, Property, And Society, Erin Ryan
The Public Trust Doctrine, Property, And Society, Erin Ryan
Scholarly Publications
The public trust doctrine creates a set of sovereign rights and responsibilities with regard to certain resource commons, obligating the state to manage them in trust for the public. In the last century, the doctrine has gradually transformed from an affirmation of sovereign authority over trust resources to a recognition of sovereign responsibility to protect them for present and future generations. Especially in the United States, it has evolved through common, constitutional, and statutory law to protect a broader variety of resources and associated values, including ecological, recreational, and scenic values. Today, the doctrine is frequently invoked in natural resource …
A Short History Of The Public Trust Doctrine And Its Intersection With Private Water Law, Erin Ryan
A Short History Of The Public Trust Doctrine And Its Intersection With Private Water Law, Erin Ryan
Scholarly Publications
This article explores the development of public trust principles from early Roman and British law through modern U.S. law as a public commons approach to natural resource management, especially with regard to waterways. It then analyzes the tension between the common pool approach underlying the public trust regulation of waterways and the contrasting theoretical premises of American laws that regulate private use of the water within them—especially the privatization model embedded in the doctrine of prior appropriations, which assigns perpetual rights to withdraw from the watercourse on a first-in-time basis. The public trust doctrine, the protagonist of much modern environmental …
The Public Trust Doctrine In The 21st Century, Nicholas A. Robinson
The Public Trust Doctrine In The 21st Century, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
In this Symposium's initial lecture, I will (a) provide a glimpse into life in Medieval England to explain the context from which Magna Carta arose, (b) describe the evolution of environmental rights from Magna Carta to the Forest Carter, (c) explore in a case study how “liberties of the forest” functioned for 800 years in England's Royal Forest of Dean, ultimately sustaining the ecological systems of Dean, (d) discuss the “liberties of the forest” in light of Elinor Ostom's common pool analyses, and (e) offer some views on the question just posed. I shall start by describing the English environment …
The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney
The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney
Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Happy 790th, Magna Carta!, Thomas J. Mcsweeney
Happy 790th, Magna Carta!, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Taming Sherman's Wilderness, Derrian Smith
Taming Sherman's Wilderness, Derrian Smith
Indiana Law Journal
This Note proceeds in four Parts. Part I outlines the interpretive difficulties spawned by the vagueness of the Sherman Act—particularly, the judiciary’s necessary but undeniable departures from the text of the statute and the resulting doctrinal confusion. Part II considers ways in which the judiciary’s decision-making in Sherman Act cases approximates agency rulemaking and whether it makes sense to delegate interpretive authority to an antitrust agency. Yet, while the agency solution has upside, it would not easily escape criticisms that the Act does not provide sufficient notice of the conduct it proscribes and that the Act is an impermissible delegation …
The Most Fundamental Right, Nicholas A. Robinson
The Most Fundamental Right, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
The Magna Carta and successors recognize a right to the environment as central to human existence. Along with associated rule of law and due process, 193 national charters recognize such a right — but not the U.S. Constitution. This right does lie latent in America’s state constitutions, however, and can also be read into the federal document as well. Meanwhile, recognition of environmental rights is expanding globally.
Due Process Of War, Nathan Chapman
Due Process Of War, Nathan Chapman
Scholarly Works
The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights during war is one of the most challenging and contested questions of constitutional law. The Supreme Court has not provided a consistent or historically informed framework for analyzing due process during war. Based on the English background, the text and history of the U.S. Constitution, and early American practice, this Article argues that due process was originally understood to apply to many but not to all deprivations of rights during war. It proposes a framework for analyzing due process during war that accords …
Due Process Of War, Nathan Chapman
Due Process Of War, Nathan Chapman
Scholarly Works
The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights during war is one of the most challenging and contested questions of constitutional law. The Supreme Court has not provided a consistent or historically informed framework for analyzing due process during war. Based on the English background, the text and history of the U.S. Constitution, and early American practice, this Article argues that due process was originally understood to apply to many but not to all deprivations of rights during war. It proposes a framework for analyzing due process during war that accords …
Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson
Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance.
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
Online Issue: Table Of Contents
Online Issue: Table Of Contents
University of Richmond Law Review
No abstract provided.
The Lost Due Process Doctrines, Paul J. Larkin Jr.
The Lost Due Process Doctrines, Paul J. Larkin Jr.
Catholic University Law Review
Due process jurisprudence has long been dominated by discussion of its procedural requirements and substantive limitations. Through the lens of the Constitution’s Due Process Clause, however, the Supreme Court has also considered the geographic reach and substantive exercise of legal authority, the delegation of law making to private parties, the incorporation doctrine, and the issues of fundamental fairness. These doctrines have existed for some time, but the Supreme Court has never explained how they fit into its “procedural vs. substantive” dichotomy. This article examines these Lost Due Process Doctrines and poses the question of whether they should suffer the same …
The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand
The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand
William & Mary Bill of Rights Journal
No abstract provided.
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
William & Mary Bill of Rights Journal
No abstract provided.
The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker
The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker
William & Mary Bill of Rights Journal
No abstract provided.
Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey
Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey
William & Mary Bill of Rights Journal
No abstract provided.
The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson
The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson
William & Mary Bill of Rights Journal
No abstract provided.
Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp
Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp
William & Mary Bill of Rights Journal
No abstract provided.
Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry
Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry
William & Mary Bill of Rights Journal
No abstract provided.
Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.
Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.
William & Mary Bill of Rights Journal
No abstract provided.
The Church And Magna Carta, R. H. Helmholz
The Church And Magna Carta, R. H. Helmholz
William & Mary Bill of Rights Journal
No abstract provided.
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
William & Mary Bill of Rights Journal
No abstract provided.
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson
Law Faculty Publications
This essay, first presented at the Magna Carta anniversary symposium of the Baronial Order of Magna Charta on April 16, 2015, at The Cosmos Club, in Washington, D.C., takes as its inspiration the spirit of the rule of law, as laid down in the Magna Carta. Specifically, the author argues that the popular election and reelection of judges undermines the rule of law, and democracy in general, by exposing judges to the manipulations of financial corruption, political intimidation, and the often irrational shifts in popular opinion. To correct this problem, the author calls for amendment of the thirty-nine state constitutions …
[Symposium Remarks By Unh Professor Of History David Bachrach, April 12, 2016 ], David Bachrach
[Symposium Remarks By Unh Professor Of History David Bachrach, April 12, 2016 ], David Bachrach
Speaker Remarks
Magna Carta did not emerge de novo in its fully fledged state in the late spring of 1215. The list of baronial demands, made on behalf of the kingdom as a whole, were born out of grievances that, in some cases, dated back more than a century. University of New Hampshire Professor of History David Bachrach discusses several key clauses of the Magna Carta as well as why this document was a touchstone for major political change.
Exhibit On Historical Accord Makes Debut At Law School, David Brooks
Exhibit On Historical Accord Makes Debut At Law School, David Brooks
Media Coverage
Newspaper article from Concord Monitor newspaper dated April 12, 2016. The article includes a description of the Magna Carta: An Enduring Legacy, 1215-2015 exhibit and symposium, as well as remarks by the University of New Hampshire School of Law Library Director Sue Zago. In addition to details about the exhibit, the article features historic information on the Magna Carta as well as some interesting examples of its present day influence.