Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Environmental Law (2)
- Law and Society (2)
- Natural Resources Law (2)
- Public Law and Legal Theory (2)
- Antitrust (1)
-
- Bedouin in Israel (1)
- Common resource pool (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Corporations (1)
- Courts (1)
- Customary law (1)
- Dispute Resolution (1)
- Ecology (1)
- Economics (1)
- Environmental law (1)
- Fishery (1)
- History (1)
- Human Rights Law (1)
- Indian and Aboriginal Law (1)
- Indigenous land rights (1)
- Jurisprudence (1)
- Land Use Planning (1)
- Land dispossession (1)
- Land use (1)
- Law and Economics (1)
- Law and economics (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering
Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering
Michael Blumm
For most of its four-decade history, section 404(c) of the Clean Water Act could have been considered to be a sleeper provision of environmental law. The proviso authorizes the U.S. Environmental Protection Agency (EPA) overrule permits for discharges of dredged or fill material issued by the U.S. Army Corps of Engineers (Corps) where necessary to ensure protection of fish and wildlife habitat, municipal water supplies, and recreational areas against unacceptable adverse effects. This authority of one federal agency to veto the decisions of another federal agency is quite unusual, perhaps unprecedented in environmental law. The exceptional nature of section 404(c) …
The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana
The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana
Morad Elsana
ABSTRACT This paper introduces new possibilities for the recognition of Bedouin land in Israel. It shows that the application of the prevalent methods of indigenous land recognition is possible in the Bedouin case, and it would bring legal recognition of Bedouin land rights. The paper first presents the recognition of indigenous peoples land right in Canada, Australia, and other countries, while concentrating on the native title doctrine and the adoption of indigenous customary law. It shows how many colonial legal systems eventually discovered that their judicial systems included principles that recognize indigenous customary land rights. The application of such principles …
The Commons, Capitalism, And The Constitution, George Skouras
The Commons, Capitalism, And The Constitution, George Skouras
George Skouras
Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.