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The Tragicomedy Of The Commons, Brigham Daniels 2014 Brigham Young University Law School

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 …


Agglomerama, Lee Anne Fennell 2014 Brigham Young University Law School

Agglomerama, Lee Anne Fennell

BYU Law Review

No abstract provided.


Our Global Commons, Brigham Daniels, James Salzman 2014 Brigham Young University Law School

Our Global Commons, Brigham Daniels, James Salzman

BYU Law Review

No abstract provided.


Surprising Commons, Carol M. Rose 2014 Brigham Young University Law School

Surprising Commons, Carol M. Rose

BYU Law Review

No abstract provided.


Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray 2014 Brigham Young University Law School

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 2014 Brigham Young University Law School

Naming The Tragedy, Eric T. Freyfogle

BYU Law Review

No abstract provided.


Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig 2014 Brigham Young University Law School

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 …


Local Governments And Global Commons, Jonathan Rosenbloom 2014 Brigham Young University Law School

Local Governments And Global Commons, Jonathan Rosenbloom

BYU Law Review

No abstract provided.


Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon 2014 University of Georgia School of Law

Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon

Georgia Journal of International & Comparative Law

No abstract provided.


Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard 2014 Yale Law School

Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard

American Indian Law Journal

No abstract provided.


Appeal No. 0856: City Of North Royalton, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2014 Case Western Reserve University School of Law

Appeal No. 0856: City Of North Royalton, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2013-181; Mandatory Pooling (Callas #8HD Well; Cutter Oil Company)


Appeal No. 0867: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2014 Case Western Reserve University School of Law

Appeal No. 0867: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-129, Chief's Orders 2014-130 (Alfman AP #1 Well and Ruth Porter #1 Well)


Appeal No. 0868: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2014 Case Western Reserve University School of Law

Appeal No. 0868: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-129, Chief's Orders 2014-130 (Alfman AP #1 Well and Ruth Porter #1 Well)


Appeal No. 0861: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2014 Case Western Reserve University School of Law

Appeal No. 0861: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-43 & 2014-44; (Miller #1 Well; bond forfeiture; Cincinnati Insurance Co.)


Appeal No. 0860: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2014 Case Western Reserve University School of Law

Appeal No. 0860: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-43 & 2014-44; (Miller #1 Well; bond forfeiture; Cincinnati Insurance Co.)


One Stick In The Bundle: Characterizing Nonparticipating Royalty Interests Under West Virginia Law, Andrew S. Graham, Allison J. Farrell, Lauren A. Williams, Amber M. Moore 2014 Steptoe & Johnson PLLC

One Stick In The Bundle: Characterizing Nonparticipating Royalty Interests Under West Virginia Law, Andrew S. Graham, Allison J. Farrell, Lauren A. Williams, Amber M. Moore

West Virginia Law Review

No abstract provided.


Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center on Sustainable Investment 2014 Columbia Law School

Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

CCSI, the Sciences Po Law School Clinic, and the Columbia Law School Human Rights Institute recently published an outcome document of a one-day roundtable focused on the opportunities and challenges presented by human rights impact assessments (HRIAs) of large-scale foreign investments. The roundtable, which was held in April 2014 at Columbia University, provided an opportunity for collaborative reflection on the development of HRIAs, as well as on ways to enhance HRIAs as a framework and tool for both human rights advocacy and human rights risk management in respect of foreign investments.

By sharing the outcomes of the roundtable, this document …


Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz 2014 William & Mary Law School

Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz

William & Mary Environmental Law and Policy Review

Although governments have deployed an array of environmental protection laws, our planet continues to experience unprecedented environmental “crises,” including climate change, resource depletion, species extinction, ecosystem damage, and toxic air-water-land pollution. Despite universal acknowledgment and recognition of these serious environmental issues, and despite a growing list of laws designed to address these issues, the reality is that these adverse Earth-based environmental changes continue, and may even be worsening. Environmental protection laws have often failed because they usually include certain problematic characteristics: they are anthropocentric, in that their goal is to protect and benefit humans, not the environment in which humans …


Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production, Monika U. Ehrman 2014 University of Oklahoma College of Law

Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production, Monika U. Ehrman

West Virginia Law Review

No abstract provided.


Local Regulation Of Hyraulic Fracturing, Jesse J. Richardson Jr. 2014 West Virginia University College of Law

Local Regulation Of Hyraulic Fracturing, Jesse J. Richardson Jr.

West Virginia Law Review

No abstract provided.


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