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Articles 1 - 16 of 16
Full-Text Articles in Law
No Trespassing: The Legal Origins Of Louisiana’S Water Access Dispute, Karly Kyzar Dorr
No Trespassing: The Legal Origins Of Louisiana’S Water Access Dispute, Karly Kyzar Dorr
Journal of Civil Law Studies
Since the birth of the civil law tradition, the public’s right to access and use running waters has been recognized and protected through written legal sources, statutes, and codes. However, although the State of Louisiana is often lauded as the “Sportsman’s Paradise,” the current judicial interpretation of water access rights has restricted the public’s ability to use waterways, in particular running waters, for recreational pursuits such as fishing and hunting. The purpose of this essay is first to highlight the trajectory of the development of the law relative to the public’s right to access and use running waters. The analysis …
Solving Contemporary Issues In Conservation Through A Market-Based International Park System, Ian Finley
Solving Contemporary Issues In Conservation Through A Market-Based International Park System, Ian Finley
Indiana Journal of Global Legal Studies
In 2016, the United States National Park Service celebrated its centennial, which caused a flurry of calls for reflection and recommendations for improvements for national parks.1 People began urging the national parks to reaffirm their commitment to conservation and recreation, along with encouraging more research.2 It seemed to be a natural time to revisit the original “justification for both Yosemite and Yellowstone park [that] was the protection of unique scenery in the national interest.”3 That being said, in light of developments in national parks over the last one hundred years, it is important to challenge or at least qualify that …
Toward Sustainable Recreation On Colorado's Fourteeners, Rebecca Sokol
Toward Sustainable Recreation On Colorado's Fourteeners, Rebecca Sokol
University of Colorado Law Review
Colorado's fourteen-thousand-foot mountains, commonly known as fourteeners, are attracting visitors in unprecedented numbers. As people flock to the state's most popular peaks, hikers degrade the environment and create safety problems. This Comment addresses potential approaches to recreation management on fourteeners and argues that traditional use-limit management methods, like visitor quotas, do not align with sustainability objectives. The Forest Service, the primary land management agency for most fourteeners, has a duty to promote sustainable recreation by incorporating environmental, social, and economic factors into its decision-making processes. However, the Forest Service tends to rely on use limits even though these methods would …
The Exculpatory Contract And Public Policy, Ralph C. Anzivino
The Exculpatory Contract And Public Policy, Ralph C. Anzivino
Marquette Law Review
Across the country, lawyers have searched for the magic formula to draft an exculpatory contract that would successfully exculpate their client in the event someone was injured while participating in a recreational activity sponsored by the client. Some examples of events would include snow skiing, swimming at a guest-only pool, horseback riding, white-water rafting, camping, running in a marathon, visiting a haunted house at Halloween, or a myriad of other events. The uniform standard by which the enforceability of these exculpatory clauses is measured is whether the exculpatory contract is against public policy.
The public policy of any state can …
Intellectual Property In Experience, Madhavi Sunder
Intellectual Property In Experience, Madhavi Sunder
Michigan Law Review
In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that give fantasy owners …
Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle
Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle
Michigan Journal of Environmental & Administrative Law
President Nixon recognized the controversy surrounding off-road vehicle (ORV) use on public lands when he signed Executive Order 11,644 in 1972. The Executive Order set out minimization criteria that bound federal land management agencies’ ORV area and trail designations. Forty years later, agencies are still struggling to implement the minimization criteria. Recent court opinions have struck down implementation attempts by the National Park Service, Bureau of Land Management, and Forest Service. This note argues that agencies require additional guidance for ORV management, particularly in light of case law that sets a floor for achieving minimization. After examining how the mandate …
The Curious Untidiness Of Property & Ecosystem Services: A Hybrid Method Of Measuring Place, John Page, Ann Brower, Johannes Welsch
The Curious Untidiness Of Property & Ecosystem Services: A Hybrid Method Of Measuring Place, John Page, Ann Brower, Johannes Welsch
Pace Environmental Law Review
Theoretically, this paper builds on ideas of ecosystem services (ES) in landscapes, property theories of plurality and marginality, and the legal geography of localized place. Methodologically, we will explore three divergent ways of measuring ES in a propertied landscape. Substantively, combining property theory and spatial methods in this way will allow for future consideration of property arrangements that might be more optimal and representative of contextualized place.
Part II presents the qualitative method--a narrative description of the flow of resources and services across a transect from the mountains to the sea. Narrative is effective in describing the aesthetics and indelibly …
Blueprint For The Great Lakes Trail, Melissa K. Scanlan
Blueprint For The Great Lakes Trail, Melissa K. Scanlan
Michigan Journal of Environmental & Administrative Law
The Great Lakes are vast yet vulnerable. There is a need to focus the public’s attention on the significance of the lakes for the region as a cohesive, binational whole. To address this need, build on existing water law, and engage the public, this Article provides a blueprint to establish a Great Lakes Trail on the shores of the Great Lakes. The Trail will link together 10,000 miles of coastline and provide the longest marked walking trail in the world. It will demarcate an already existing, yet largely unrecognized, public trust easement and engage the public with their common heritage …
The Challenges Of Integrating Tourism Into Canadian And Australian Coastal Zone Management, Alison Gill, Lorne K. Kriwoken, Suzanne Dobson, Liza D. Fallon
The Challenges Of Integrating Tourism Into Canadian And Australian Coastal Zone Management, Alison Gill, Lorne K. Kriwoken, Suzanne Dobson, Liza D. Fallon
Dalhousie Law Journal
This article discusses the challenges of integrating tourism into Canadian and Australian coastal zone management. Comparisons are drawn between coastal and marine tounsm resources in Australia and Canada. The resources considered include the cruise ship industry, recreational boating, fishing, sea kayaking, SCUBA diving and marine wildlife tourism. In the introduction, some of the problems of definition and data are addressed. Tourism is described as an industry, but unlike many traditional industries, the tourism arena consists of a myriad of players and sectors. After the comparison of tourism resources in both countries, the power and politics associated with managing user conflicts …
Assumption Of Risk: An Age-Old Defense Still Viable In Sports And Recreation Cases, Alexander J. Drago
Assumption Of Risk: An Age-Old Defense Still Viable In Sports And Recreation Cases, Alexander J. Drago
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Local Government Community Greenspace Preservation: Create The Georgia Greenspace Commission: Establish The Georgia Greenspace Trust Fund, John Mcmahon
Georgia State University Law Review
By adding several sections to the Georgia Code relating to local government, the Act creates the Georgia Greenspace Commission and provides for its membership, powers and duties, and operations. The Act provides a flexible framework of policies, rules, and regulations through which Georgia's populous and rapidly growing cities and counties can voluntarily develop programs to preserve community green space for recreational activities and protection of natural resources. The Act also creates the Georgia Greenspace Trust Fund, provides guidelines for appropriations and contributions to the fund, and defines how grants will be disbursed to local governments for preservation of greenspace.
Sports Facilities, Redevelopment, And The Centrality Of Downtown Areas: Observations And Lessons From Experiences In A Rustbelt And Sunbelt City, Mark S. Rosentraub
Sports Facilities, Redevelopment, And The Centrality Of Downtown Areas: Observations And Lessons From Experiences In A Rustbelt And Sunbelt City, Mark S. Rosentraub
Marquette Sports Law Review
No abstract provided.
Persistence Of The Ancient Regime: Custom Utility And The Common Law In The Nineteenth Century , Andrea C. Loux
Persistence Of The Ancient Regime: Custom Utility And The Common Law In The Nineteenth Century , Andrea C. Loux
Cornell Law Review
No abstract provided.
Conference Reports: The First Munsungan Conference: Paying To Play In The Maine Woods, Christopher Spruce
Conference Reports: The First Munsungan Conference: Paying To Play In The Maine Woods, Christopher Spruce
Maine Policy Review
No abstract provided.
California's Coast: The Struggle Today -- A Plan For Tomorrow (Part I), Peter M. Douglas, Joseph E. Petrillo
California's Coast: The Struggle Today -- A Plan For Tomorrow (Part I), Peter M. Douglas, Joseph E. Petrillo
Florida State University Law Review
No abstract provided.
California's Coast: The Struggle Today -- A Plan For Tomorrow (Part Ii), Peter M. Douglas, Joseph E. Petrillo
California's Coast: The Struggle Today -- A Plan For Tomorrow (Part Ii), Peter M. Douglas, Joseph E. Petrillo
Florida State University Law Review
No abstract provided.