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The Rock: The Role Water Plays In Our Lives, Ronald Griffin 2019 Florida Agricultural and Mechanical University

The Rock: The Role Water Plays In Our Lives, Ronald Griffin

Faculty Books and Book Contributions

We witness increasing interconnectedness of issues, internationalization of flows of goods and movement of labor, intergovernmental cooperation, new attitudes to personal rights and meaning of family, including human rights, as well as changes of values, moral principles and ethical conceptions.We live in a pervious world. Traditional boundaries have become permeable. One of the great challenges of our time is the response of the law to current developments. The authors of the collection of essays offered in this book seek to analyze some of these challenges.The essays are revised versions based on presentations at the International Conferences on Law ...


The National Flood Insurance Program At Fifty: How The Fifth Amendment Takings Doctrine Skews Federal Flood Policy, Christine A. Klein 2019 University of Florida Levin College of Law

The National Flood Insurance Program At Fifty: How The Fifth Amendment Takings Doctrine Skews Federal Flood Policy, Christine A. Klein

UF Law Faculty Publications

The National Flood Insurance Program (“NFIP”) of 1968 marked its fiftieth anniversary in 2018. Despite the program’s long history, few appreciate that the NFIP was never intended as a permanent federal subsidy for flood-prone properties along rivers and coastlines abandoned as commercially unviable by the private insurance industry. Instead, Congress provided flood insurance at below-cost rates as only an interim solution until state and local governments enacted permanent self-help land-use regulations that would restrict development in risky areas. By encouraging local governments to enact floodplain regulations, Congress intended to shift the costs of development in known flood areas back ...


Board Of Editors, 2019 Alexander Blewett III School of Law at the University of Montana

Board Of Editors

Public Land & Resources Law Review

No abstract provided.


Crowley Acknowledgement, 2019 Alexander Blewett III School of Law at the University of Montana

Crowley Acknowledgement

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2019 Alexander Blewett III School of Law at the University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Indigenous Law At The Supreme Court Of Canada, Russell Brown 2019 Alexander Blewett III School of Law at the University of Montana

Indigenous Law At The Supreme Court Of Canada, Russell Brown

Public Land & Resources Law Review

No abstract provided.


Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills 2019 Alexander Blewett III School of Law at the University of Montana

Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills

Public Land & Resources Law Review

No abstract provided.


Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner 2019 University of Arizona

Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner

Public Land & Resources Law Review

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending ...


Table Of Contents, 2019 Alexander Blewett III School of Law at the University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2019 Alexander Blewett III School of Law at the University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy 2019 University of California, Hastings College of the Law

The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy

Public Land & Resources Law Review

No abstract provided.


Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones 2019 Lewis and Clark Law School

Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones

Public Land & Resources Law Review

No abstract provided.


Massachusetts Lobstermen’S Association V. Ross, Daniel Brister 2019 Alexander Blewett III School of Law at the University of Montana

Massachusetts Lobstermen’S Association V. Ross, Daniel Brister

Public Land & Resources Law Review

President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects ...


Land Development & Commercial Real Estate Problems (Volume Ii): 2018-19, Morton G. Gross 2019 Osgoode Hall Law School of York University

Land Development & Commercial Real Estate Problems (Volume Ii): 2018-19, Morton G. Gross

Osgoode Course Casebooks

Course number: 5160.03


Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa 2019 University of New Mexico - School of Law

Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa

Faculty Scholarship

On August 5, 2015, contractors for the U.S. Environmental Protection Agency (EPA) investigating the Gold King Mine in southwestern Colorado accidently released some three million gallons of contaminated water into the Animas River, triggering weeks of front-page headlines, months of congressional hearings, and now years of litigation. River of Lost Souls: The Science, Politics, and Greed Behind the Gold King Mine Disaster, a new book by Jonathan P. Thompson, suggests by its title a human folly behind this “disaster” much broader and deeper than one tragic accident wrought by EPA contractors. On this thesis, Thompson certainly delivers. However, what ...


A Requiem For Regulatory Takings: Reclaiming Eminent Domain For Constitutional Property Claims, Danaya C. Wright 2019 University of Florida Levin College of Law

A Requiem For Regulatory Takings: Reclaiming Eminent Domain For Constitutional Property Claims, Danaya C. Wright

UF Law Faculty Publications

For the past forty years, the United States Supreme Court has embraced the doctrine of regulatory takings, despite being unable to provide any coherent and reliable guidance on when a regulation goes so far as to require compensation. But Justice Thomas's admission in Murr v. Wisconsin (2017) that there is no real historical basis for the Court's regulatory takings jurisprudence offers a chance to reconsider the doctrine anew. Looking back to Justice Holmes's prophetic statement in Pennsylvania Coal Co. v. Mahon, that a regulation can go too far and require an exercise of eminent domain to sustain ...


Rethinking Public Land Use Planning, Mark Squillace 2019 University of Colorado Law School

Rethinking Public Land Use Planning, Mark Squillace

Articles

The public land use planning process is broken. The land use plans of the principal multiple-use agencies—the United States Forest Service and the Bureau of Land Management (“BLM”)—are unnecessarily complex, take too long to complete, monopolize the time and resources of public land management agency staffs, and fail to engage the general public in any meaningful way. Moreover, the end result is too often a plan that is not sufficiently nimble to respond to changing conditions on the ground, a problem that appears to be accelerating due to climate change.

It might seem easy to chalk up these ...


The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor 2019 Alexander Blewett III School of Law at the University of Montana

The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2019 Alexander Blewett III School of Law at the University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Board Of Editors, 2019 Alexander Blewett III School of Law at the University of Montana

Board Of Editors

Public Land & Resources Law Review

No abstract provided.


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