Open Access. Powered by Scholars. Published by Universities.®
Physical Sciences and Mathematics Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 19 of 19
Full-Text Articles in Physical Sciences and Mathematics
Drought By Fifth Amendment: Debunking Water Rights As Real Property Comments, Jacqueline Carlton
Drought By Fifth Amendment: Debunking Water Rights As Real Property Comments, Jacqueline Carlton
Brigham Young University Journal of Public Law
No abstract provided.
The Protection Of Water Resources As A Justification For Self-Defense In International Humanitarian Law, Mark Tyler
The Protection Of Water Resources As A Justification For Self-Defense In International Humanitarian Law, Mark Tyler
Brigham Young University Journal of Public Law
No abstract provided.
A Half-Baked Law: How The Supreme Court's Decision In Koontz V. St. Johns River Water Management District Misses A Key Ingredient To Fifth Amendment Protection, Garrett W. Messerly
A Half-Baked Law: How The Supreme Court's Decision In Koontz V. St. Johns River Water Management District Misses A Key Ingredient To Fifth Amendment Protection, Garrett W. Messerly
BYU Law Review
No abstract provided.
Our Global Commons, Brigham Daniels, James Salzman
Our Global Commons, Brigham Daniels, James Salzman
BYU Law Review
No abstract provided.
The Tragicomedy Of The Commons, Brigham Daniels
The Tragicomedy Of The Commons, Brigham Daniels
BYU Law Review
Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.
That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …
Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig
Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig
BYU Law Review
Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …
Agglomerama, Lee Anne Fennell
Local Governments And Global Commons, Jonathan Rosenbloom
Local Governments And Global Commons, Jonathan Rosenbloom
BYU Law Review
No abstract provided.
Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray
Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray
BYU Law Review
One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …
Naming The Tragedy, Eric T. Freyfogle
The Virginia Beach Quest For Water: Drowning In A Sea Of Litigation, Richard T. Probst
The Virginia Beach Quest For Water: Drowning In A Sea Of Litigation, Richard T. Probst
Brigham Young University Journal of Public Law
No abstract provided.
Wrestling With The Bear: A Compact Approach To Water Allocation, Jeff Boyce
Wrestling With The Bear: A Compact Approach To Water Allocation, Jeff Boyce
Brigham Young University Journal of Public Law
No abstract provided.
Introduction: Multijurisdictional Water Resources Regulation, Ray Jay Davis
Introduction: Multijurisdictional Water Resources Regulation, Ray Jay Davis
Brigham Young University Journal of Public Law
No abstract provided.
International Water Law And The Protection Of River System Ecosystem Integrity, A. Dan Tarlock
International Water Law And The Protection Of River System Ecosystem Integrity, A. Dan Tarlock
Brigham Young University Journal of Public Law
No abstract provided.
The Two Rivers And The Lands Between: Mesopotamia And The International Law Of Transboundary Waters, Joseph W. Dellapenna
The Two Rivers And The Lands Between: Mesopotamia And The International Law Of Transboundary Waters, Joseph W. Dellapenna
Brigham Young University Journal of Public Law
No abstract provided.
The Federal Reserved Rights Doctrine And Practicably Irrigable Acreage: Past, Present And Future, Jennele Morris O'Hair
The Federal Reserved Rights Doctrine And Practicably Irrigable Acreage: Past, Present And Future, Jennele Morris O'Hair
Brigham Young University Journal of Public Law
No abstract provided.
Interstate Compacts That Are For The Birds: A Proposal For Reconciling Federal Wetlands Protection With State Water Rights Through Federal-Interstate Compacts, Erik G. Davis
Brigham Young University Journal of Public Law
No abstract provided.
Las Vegas And The Virgin River: Cashing In On An Unclaimed Jackpot In The Southern Desert, Ryan Dennett
Las Vegas And The Virgin River: Cashing In On An Unclaimed Jackpot In The Southern Desert, Ryan Dennett
Brigham Young University Journal of Public Law
No abstract provided.
Garfield County V. Whi, Inc.: Omen Of Change For Public Land Access Policy, Laramie D. Merritt
Garfield County V. Whi, Inc.: Omen Of Change For Public Land Access Policy, Laramie D. Merritt
Brigham Young University Journal of Public Law
No abstract provided.