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Full-Text Articles in Law

Justice Delayed: Government Officials' Authority To Wind Down Constitutional Violations, Neil H. Buchanan, Michael C. Dorf Mar 2023

Justice Delayed: Government Officials' Authority To Wind Down Constitutional Violations, Neil H. Buchanan, Michael C. Dorf

UF Law Faculty Publications

Upon finding that a government program is unconstitutional, courts in the United States sometimes allow executive officials a grace period to wind it down rather than insisting on its immediate cessation. Courts likewise occasionally afford a legislature a grace period to repeal an unconstitutional law. Yet no one has even attempted to explain the source of authority for allowing ongoing constitutional violations or to prescribe the limits on permissible compliance delays. Until now.

Judicial toleration of a continuing constitutional violation can be conceptualized as an exercise of the equitable discretion to withhold injunctive relief, but that rationale does not justify …


Pro-Environmental Behaviours In Protected Areas: A Systematic Literature Review And Future Research Directions, Kourosh Esfandiar, Joanna Pearce, Ross Dowling, Edmund Goh Jan 2022

Pro-Environmental Behaviours In Protected Areas: A Systematic Literature Review And Future Research Directions, Kourosh Esfandiar, Joanna Pearce, Ross Dowling, Edmund Goh

Research outputs 2022 to 2026

Understanding pro-environmental behaviours (PEBs) in protected areas has attracted considerable research attention. This perennial issue is pertinent in reducing negative compounded impacts and/or increasing positive impacts in protected areas. This study aims to provide a review of the literature to unpack the existing publications of PEBs in protected areas and to scope future research avenues. A total of 88 empirical research journal articles were collected through Scopus, Web of Science and Google Scholar databases. Results showed 43.18% of the articles analysed considered PEBs as a general group of behaviours while the remaining 56.82% were specific domains of PEBs including littering, …


On Foxes And Hedgehogs, Roger P. Alford Jan 2022

On Foxes And Hedgehogs, Roger P. Alford

Journal Articles

This Article is about John Nagle’s many means to one great end. It will outline the many themes of his scholarship: (i) environmental law, (ii) statutory interpretation, (iii) constitutional law, (iv) nuisance and pollution, (v) election law and campaign finance, (vi) Christianity and the environment, and (vii) national parks. It will offer conclusions on how he used his scholarly interests as a means to pursue his overarching worldview.


Honoring Sally Jewell, Charles Wilkinson Jan 2020

Honoring Sally Jewell, Charles Wilkinson

Publications

No abstract provided.


Nof Kdumim: Remaking The Ancient Landscape In East Jerusalem’S National Parks, Irus Braverman Dec 2019

Nof Kdumim: Remaking The Ancient Landscape In East Jerusalem’S National Parks, Irus Braverman

Journal Articles

This article explores two national parks in East Jerusalem and their legal administration as the focus of contradictory and complementary attempts at preservation, colonization, and normalization. Drawing on in-depth interviews with, and observations of, officials from the Israel Nature and Parks Authority and others, I expose the Judaizing of the landscape in Jerusalem. Nature never stands for itself; it is always an echo of a human presence and, in this case, of a Jewish past and its modern reunion. The project of imagining the natural landscape as one that embodies an ancient past—what Israeli officials have referred to in our …


Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace Jun 2017

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

  • U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
  • U.S. Department of the Interior, Office of the Solicitor, Opinion of June 3, 1924, M-12501, M-12529 (cited …


Slides: Flpma In Its Historical Context, John D. Leshy Oct 2016

Slides: Flpma In Its Historical Context, John D. Leshy

FLPMA Turns 40 (October 21)

Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law

36 slides

This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.

See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm


Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters Oct 2016

Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters

Winter, Wilderness, and Climate--Threats and Solutions (October 12)

In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.

This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.


Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine Oct 2016

Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine

Winter, Wilderness, and Climate--Threats and Solutions (October 12)

Presenters:

Jim Ramey, The Wilderness Society

Lindsay Bourgoine, Protect Our Winters

56 slides


Oil & Gas Drilling In National Parks, Elizabeth Ann Glass Geltman Jan 2016

Oil & Gas Drilling In National Parks, Elizabeth Ann Glass Geltman

Publications and Research

While a great deal of public attention addresses the Halliburton loophole of the Energy Policy Act of 2005 and Bureau of Land Management efforts to regulate hydraulic fracturing on public lands, less attention has been paid to the National Park Service “9B Regulations,” which provide a national regulatory framework governing the exercise of nonfederal oil and gas rights in national parks. This article begins with a review of law pertaining to oil and gas drilling in national parks. The article examines the tension in striking a balance between environmental protection, conservation of national lands and achieving energy independence, including National …


How National Park Law Really Works, John Copeland Nagle Jan 2015

How National Park Law Really Works, John Copeland Nagle

Journal Articles

This article provides the first explanation of the relationship between the three overlapping sources of national park law. It first explains how the Organic Act affords the National Park Service substantial discretion to manage the national parks, including deciding the proper balance between enjoyment and conservation in particular instances. It next shows how federal environmental statutes push national park management toward preservation rather than enjoyment. Third, Congress often intervenes to mandate particular management outcomes at individual parks, typically but not always toward enjoyment rather than preservation. The result is that the NPS has substantial discretion to manage national parks in …


Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society Sep 2014

Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society

Celebrating the Great Law: The Wilderness Act at 50 (September 4-5)

"A conference sponsored by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Wilderness Society."

On September 3, 2014, the National Wilderness Preservation System—established and protected by the Wilderness Act of 1964—celebrates its 50th anniversary. We are gathering on September 4th and 5th to celebrate Wilderness—“ornery old wilderness, scratchy, sweaty, and distant, but sacred every step of the way”—and to commemorate the great law so central to its protection.

This is not an ordinary conference, full of dry presentations or heated policy debates. Instead, this will be a full-throated love song to wild country. We have brought …


Landscape Level Management Of Parks, Refuges, And Preserves For Ecosystem Resilience, Robert L. Glicksman, Graeme S. Cumming Jan 2012

Landscape Level Management Of Parks, Refuges, And Preserves For Ecosystem Resilience, Robert L. Glicksman, Graeme S. Cumming

GW Law Faculty Publications & Other Works

The laws governing management of national parks, wildlife refuges, and other federal land preserves seek to conserve natural resources in highly treasured locations. The nature of conservation has changed substantially, however, since Congress first enacted these laws. It is clear that protected ecosystems are influenced by outside events and that management of human-dominated ecosystems is essential to long-term sustainability of the ecosystems containing protected preserves. The effects of climate change, invasive species introductions, and other broad-scale anthropogenic influences are expected to alter the functioning of natural systems in ways that will make it impossible for protected areas to function as …


Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols Nov 2010

Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Jeremy Nichols, Climate & Energy Program Director, WildEarth Guardians, Denver, CO

18 slides


Slides: Climate Change And Public Lands: Examples From National Parks, Stephen Saunders Jun 2010

Slides: Climate Change And Public Lands: Examples From National Parks, Stephen Saunders

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Stephen Saunders, President, The Rocky Mountain Climate Organization (Denver, CO)

40 slides


Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband Jun 2010

Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: James R. Rasband, Dean of the J. Reuben Clark Law School, Brigham Young University (Provo, UT)

32 slides


Slides: Grazing On The Public Lands, William G. Myers Iii Jun 2010

Slides: Grazing On The Public Lands, William G. Myers Iii

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: William G. Myers III, Partner, Holland & Hart; former Solicitor of the U.S. Department of the Interior (Boise, ID)

8 slides


Agenda: The Past, Present, And Future Of Our Public Lands: Celebrating The 40th Anniversary Of The Public Land Law Review Commission's Report, One Third Of The Nation's Land, University Of Colorado Boulder. Natural Resources Law Center Jun 2010

Agenda: The Past, Present, And Future Of Our Public Lands: Celebrating The 40th Anniversary Of The Public Land Law Review Commission's Report, One Third Of The Nation's Land, University Of Colorado Boulder. Natural Resources Law Center

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Sponsors: US Dept. of the Interior, Bureau of Land Management; Western Resource Advocates; The Wilderness Society; National Wildlife Federation; Rocky Mountain Mineral Law Foundation Grants Program, Red Lodge Clearinghouse; United States Forest Service, Rocky Mountain Research Station.

Conference moderators, panelists and speakers included University of Colorado Law School professors William Boyd, David H. Getches, Sarah Krakoff, Mark Squillace and Charles F. Wilkinson.

In 1964 Congress established the Public Land Law Review Commission to review the public land laws of the United States and to determine whether revisions were necessary. The Commission was comprised of six members appointed by the President, …


Slides: Why Public Lands? A Question Not Addressed 40 Years Ago, Thomas Michael Power Jun 2010

Slides: Why Public Lands? A Question Not Addressed 40 Years Ago, Thomas Michael Power

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Thomas Michael Power, Consulting Economist, Power Consulting; Research Professor and Professor Emeritus, Economics Department, University of Montana (Missoula, MT)

17 slides


Slides: Forests And Grasslands, Federico Cheever Jun 2007

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides


Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter Jun 2007

Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

7 pages.

Includes bibliographical references

"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"


Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis Jun 2007

Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder

43 slides


Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon Jun 2007

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references


Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West Oct 2006

Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Celebrating the Centennial of the Antiquities Act (October 9)

For 100 years, the Antiquities Act has been used by nearly every President in the 20th century to set aside and protect lands threatened with privatization and development. The list of lands first protected under the Antiquities Act – and that might never have been protected without it – is truly remarkable. Many of our most treasured national parks including the Grand Canyon, Olympic, Zion, Arches, Glacier Bay, and Acadia, began as national monuments. All told, Presidents have issued 123 proclamations setting aside millions of acres of land under the Antiquities Act.

The Natural Resources Law Center and the Center …


Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace Oct 2006

Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides


Parks As Gyms? Recreational Paradigms And Public Health In The National Parks, Jay D. Wexler Jan 2004

Parks As Gyms? Recreational Paradigms And Public Health In The National Parks, Jay D. Wexler

Faculty Scholarship

When scholars and policymakers think about the relationship between public health and environmental law and policy, they likely think first about controlling pollution and other toxic substances. As other articles have amply demonstrated, water pollution, air pollution, and other environmental toxins can have significant deleterious effects on the public's health. Scholars rightly pay serious attention to these relationships, and policymakers wisely devise methods and strategies to ameliorate the public health risks posed by these polluting substances.

Although pollution control might be the most obvious and important intersection between environmental policy and public health, legal and policy decisions regarding the management …


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 …


Recreation As An Ally For Environmental Protection, Gary Sprung Jun 1998

Recreation As An Ally For Environmental Protection, Gary Sprung

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Contains references.


River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock Jun 1997

River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains references.


The Problem Of Statutory Detail In National Park Establishment Legislation And Its Relationship To Pollution Control Law, Robert L. Fischman Jan 1997

The Problem Of Statutory Detail In National Park Establishment Legislation And Its Relationship To Pollution Control Law, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.