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Articles 121 - 142 of 142
Full-Text Articles in Natural Resources Law
What Is Natural Resources Law?, Robert L. Fischman
What Is Natural Resources Law?, Robert L. Fischman
University of Colorado Law Review
No abstract provided.
Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff
University of Colorado Law Review
No abstract provided.
Reflections On The Tenth Anniversary Of The Refuge Improvement Act, Robert L. Fischman
Reflections On The Tenth Anniversary Of The Refuge Improvement Act, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
What Is Natural Resources Law?, Robert L. Fischman
What Is Natural Resources Law?, Robert L. Fischman
Articles by Maurer Faculty
A recent flurry of new natural resources law casebooks, coming a quarter-century since the publication of the last significant new teaching materials, is an occasion to revisit the boundaries that define the field. The similarities among the casebooks are stronger than their differences, and represent a consensus about what composes natural resources law. The published teaching materials as well as an informal poll of natural resources law professors show a substantial overlap between natural resources and environmental law course coverage. Administrative implementation of statutes dominates both subjects. Both courses typically cover environmental impact analysis and endangered species protection. The new …
Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff
Publications
No abstract provided.
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Publications
No abstract provided.
Broadening Narrow Perspectives And Nuisance Law: Protecting Ecosystem Services In The Acf Basin, Robert Haskell Abrams
Broadening Narrow Perspectives And Nuisance Law: Protecting Ecosystem Services In The Acf Basin, Robert Haskell Abrams
Journal Publications
The political stalemate among the neighboring states of Georgia, Alabama, and Florida over the cooperative management of the Apalachicola-Chattahoochee-Flint (ACF) River Basin has been chronicled in numerous articles in the past. This Article will canvas parallel ground in relation to the ACF Basin. In addition, this Article will consider the usual mantra about why the legal deck appears to be stacked against the bottom of the basin where the principal benefits of the water are derived from the ecological systems that are supported by a more natural flow regime. After that, however, the Article will explain how the greatly expanded …
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
Journal Publications
In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …
Appalachian Stereotypes And Mountain Top Removal, Jill M. Fraley
Appalachian Stereotypes And Mountain Top Removal, Jill M. Fraley
Scholarly Articles
The fight to save Appalachia from absolute devastation by mining companies has, thus far, been a losing battle. As the photographs recently published in Vanity Fair and Audubon so vividly proclaim, Appalachia—the great hidden forest of the United States—is still being laid to waste, mile by mile, despite the work of valiant activists. Although there have been numerous obstacles, the primary reason for failure is wrapped up in the image of Appalachia in the public consciousness. This single hurdle—the image of Appalachia—stands behind, buttressing numerous obstacles to ending mountain top removal mining.
From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond
From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond
Natural Resources Journal
No abstract provided.
Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King
Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King
Articles by Maurer Faculty
This article considers recent trends in federalism, with particular attention to natural resource law's statutory savings clauses. It begins with a case study of elk management in Jackson Hole, Wyoming. The elk controversy shows how a statutory savings clause can provide a state with traction to advance its interests, and demonstrates how the political winds of change can shift the balance of state-federal relations. The article then focuses on the common statutory savings clauses and their roles in circumscribing federal agency authority and establishing a basis for cooperation between federal and state governments. We analyze the interpretive approaches the judiciary …
Joe Stell's Life, Career, & Contributions, Susan Kelly
Joe Stell's Life, Career, & Contributions, Susan Kelly
Water Matters!
Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …
From Martz To The Twenty-First Century: A Half- Century Of Natural Resources Law Casebooks And Pedagogy, Michael C. Blumm, David H. Becker
From Martz To The Twenty-First Century: A Half- Century Of Natural Resources Law Casebooks And Pedagogy, Michael C. Blumm, David H. Becker
University of Colorado Law Review
Clyde Martz published the first natural resources law casebook in 1951, combining the previously discrete subjects of water law, mining law, and oil and gas law. Martz relied almost exclusively on case excerpts and emphasized the creation of private rights in natural resources. Over the nexthalf century, through several generations of casebooks, the natural resources course developed in response to the rise of the environmental movement and a series of energy crises. This article traces the evolution of the natural resources law casebooks from Martz's pioneering effort through several generations of texts to a new generation of casebooks that has …
E-Mail To Rebecca, Dale D. Goble
E-Mail To Rebecca, Dale D. Goble
University of Colorado Law Review
H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …
After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank
After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank
University of Colorado Law Review
In both its 1995 decision United States v. Lopez and in its 2000 decision United States v. Morrison, the Supreme Court had adopted a narrow economic interpretation of congressional authority to regulate intrastate activities under the Commerce Clause. In four separate cases, three circuit courts (the District of Columbia, Fourth, and Fifth Circuits) struggled with deciding whether Congress may still protect endangered and threatened species that have little commercial value under the Commerce Clause after Lopez and Morrison. In each case, the court concluded that Congress did have the authority to protect endangered species under the Commerce Clause, including small …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Democratising Or Demonising The World Heritage Convention?, Natasha Affolder
Democratising Or Demonising The World Heritage Convention?, Natasha Affolder
All Faculty Publications
In recent disputes surrounding mining projects in and around World Heritage sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of 'democratic deficits' originate from both opponents and supporters of the Convention regime. They challenge the compatibility of international processes with national law and institutions, raise questions of accountability and transparency, and revisit tensions between state sovereignty and common heritage. This paper traces these perceptions of democratic shortcomings in the Convention regime to certain misunderstandings of the Convention, to failed participatory processes at the national level, and to the …
Lateral Access To The Rhode Island Shore: Introductory Report, Amanda Argentieri
Lateral Access To The Rhode Island Shore: Introductory Report, Amanda Argentieri
Sea Grant Law Fellow Publications
No abstract provided.
Requirements For Evaluating The Performance Of Individual Fishing Quota (Ifq): A Legal Analysis, Tory Randall
Requirements For Evaluating The Performance Of Individual Fishing Quota (Ifq): A Legal Analysis, Tory Randall
Sea Grant Law Fellow Publications
No abstract provided.
First Circuit Interprets Rapanos To Determine Which Test To Apply, Jonathan Lew
First Circuit Interprets Rapanos To Determine Which Test To Apply, Jonathan Lew
Sea Grant Law Fellow Publications
No abstract provided.
Emerging Commons And Tragic Institutions, Brigham Daniels
Emerging Commons And Tragic Institutions, Brigham Daniels
Faculty Scholarship
For the past forty years, scholars have developed an immense literature devoted to understanding and solving the tragedy of the commons. The most prominent solutions to this tragedy have focused on building and maintaining stable institutions. This Article reexamines this foundational literature by exploring the costs of stability. In many cases, far more than is generally recognized, the way we value the commons changes. When values change, stable institutions that once made perfect sense become rigid institutions that block change. This Article explains how institutions most able to solve the tragedy of the commons often cause a tragedy of another …
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Publications
No abstract provided.