Modern Water Law
Modern Water Law

Author: Robert W. Adler

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781609302320

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Modern Water Law provides a comprehensive text to study the range of legal issues and doctrines that affect water resources. This is a national book that uses many recent cases, bringing a fresh perspective to the field. The authors begin with private water use rights, including common law doctrines for riparian reasonable use and prior appropriation, as well as groundwater rights and the statutory schemes for administering water use rights. The book explores the range of public rights in water, including navigation, the public trust doctrine, federal reserved rights, and interstate water management. The book also introduces modern challenges and environmental protection goals, focusing on the energy-water nexus, water pollution, and endangered species conflicts. The final chapters combine these concepts in the context of complex watershed restoration challenges and water rights takings litigation.

The Public Nature of Private Property
The Public Nature of Private Property

Author: Professor Michael Diamond

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 275

ISBN-13: 1409497682

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What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

The Future of the Law of the Sea
The Future of the Law of the Sea

Author: Gemma Andreone

Publisher: Springer

Published: 2017-03-30

Total Pages: 278

ISBN-13: 3319512749

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This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

Human Rights in the Private Sphere
Human Rights in the Private Sphere

Author: Andrew Clapham

Publisher: Oxford University Press on Demand

Published: 1996

Total Pages: 385

ISBN-13: 9780198764311

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This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.

Environment and Experience
Environment and Experience

Author: Peter Boag

Publisher: Univ of California Press

Published: 2022-04-29

Total Pages: 228

ISBN-13: 0520306163

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The pioneer battling with a hostile environment—whether it be arid land, drought, dust storms, dense forests, or harsh winters—is a staple of western American history. In this innovative, multi-disciplinary work, Peter Boag takes issue with the image of the settler against the frontier, arguing that settlers viewed their new surroundings positively and attempted to create communities in harmony with the landscape. Using Oregon's Calapooia Valley as a case study, Boag presents a history of both land and people that shows the process of change as settlers populated the land and turned it to their own uses. By combining local sources, ranging from letters and diaries to early maps and local histories, and drawing upon the methods of geography, natural history, and literary analysis, Boag has created a richly detailed grass-roots portrait of a frontier community. Most significantly, he analyzes the connections among environmental, cultural, and social changes in ways that illuminate the frontier experience throughout the American west. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.

Water Law
Water Law

Author: Robin Kundis Craig

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9781634603133

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Softbound - New, softbound print book.

Lakefront
Lakefront

Author: Joseph D. Kearney

Publisher: Cornell University Press

Published: 2021-05-15

Total Pages: 532

ISBN-13: 150175467X

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How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.

Public Interest, Private Property
Public Interest, Private Property

Author: Anneke Smit

Publisher: UBC Press

Published: 2015-12-15

Total Pages: 335

ISBN-13: 0774829346

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At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.