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.


Modern Intellectual Property Law

Modern Intellectual Property Law

Author: Jonathan Galloway

Publisher: Routledge

Published: 2010-07-12

Total Pages: 1437

ISBN-13: 1135267693

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Modern Intellectual Property Law combines coverage of each intellectual property right granted for creations of the mind into a thoughtful, unified textbook. Deconstructing the fundamental topics into short, clear sections separated by subheadings throughout, Colston and Galloway's text is the ideal student companion to this intriguing area of the law. This new edition has been completely revised to bring it up to date with the latest debate and changes to the law. All significant recent developments are covered including the continuing controversy over patents for computer-implemented inventions and biotechnological inventions, the House of Lords' developments of patent law, the ECJ jurisprudence relating to trade mark dilution and comparative advertising, as well as the database right, and international efforts to reconcile copyright with peer-to-peer file sharing. This text also discusses the ongoing effort to achieve an appropriate balance between intellectual property and competition law in order to protect market competition while retaining key incentives to drive the process of innovation. Written for students, this accessible and comprehensive textbook provides the perfect starting point for anyone studying intellectual property law in the UK.


Private Property and the Constitution

Private Property and the Constitution

Author: Bruce Ackerman

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 315

ISBN-13: 0300158068

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The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.


Where Land and Water Meet

Where Land and Water Meet

Author: Nancy Langston

Publisher: University of Washington Press

Published: 2009-11-23

Total Pages: 269

ISBN-13: 0295989831

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Water and land interrelate in surprising and ambiguous ways, and riparian zones, where land and water meet, have effects far outside their boundaries. Using the Malheur Basin in southeastern Oregon as a case study, this intriguing and nuanced book explores the ways people have envisioned boundaries between water and land, the ways they have altered these places, and the often unintended results. The Malheur Basin, once home to the largest cattle empires in the world, experienced unintended widespread environmental degradation in the late nineteenth and early twentieth centuries. After establishment in 1908 of Malheur National Wildlife Refuge as a protected breeding ground for migratory birds, and its expansion in the 1930s and 1940s, the area experienced equally extreme intended modifications aimed at restoring riparian habitat. Refuge managers ditched wetlands, channelized rivers, applied Agent Orange and rotenone to waterways, killed beaver, and cut down willows. Where Land and Water Meet examines the reasoning behind and effects of these interventions, gleaning lessons from their successes and failures. Although remote and specific, the Malheur Basin has myriad ecological and political connections to much larger places. This detailed look at one tangled history of riparian restoration shows how—through appreciation of the complexity of environmental and social influences on land use, and through effective handling of conflict—people can learn to practice a style of pragmatic adaptive resource management that avoids rigid adherence to single agendas and fosters improved relationships with the land.


Environmental Law and Enforcement

Environmental Law and Enforcement

Author: Gregor I. McGregor

Publisher: CRC Press

Published: 1994-04-15

Total Pages: 260

ISBN-13: 9780873717458

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Amid all the laws and regulations on environmental protection and worker safety, what is the responsible business or landowner to do? What should the responsible consultant advise? Environmental Law and Enforcement provides you with a practical guide that takes the mystery out of environmental law and related land use controls. The author provides a synopsis of major environmental topics from A to Z and features citations to the major federal statutes in the United States Code (USC) and the Code of Federal Regulations (CFR) so you can easily find governing statutes and regulations. Special sections discuss the use of experts in case preparation and how to be an effective case witness. A checklist for compliance with the National Environmental Policy Act is included. The book covers strategies to cope with landowner liability for hazardous waste, consultant liability for mistakes in hazardous waste site assessments, and guidelines for emergency managers to minimize legal liability. The section on insurance liability provides practical approaches to dealing with insurance companies on hazardous waste claims. The successful organization will manage for environmental protection as a corporate goal, and consequently stays ahead of new government requirements-away from lawyers and lawsuits-and ahead of the competition. Environmental Law and Enforcement gives you the tools you need to achieve this mission.


Nature's Trust

Nature's Trust

Author: Mary Christina Wood

Publisher: Cambridge University Press

Published: 2014

Total Pages: 461

ISBN-13: 0521195136

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This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.


The Bill of Rights in the Modern State

The Bill of Rights in the Modern State

Author: Geoffrey R. Stone

Publisher: University of Chicago Press

Published: 1992-10-15

Total Pages: 600

ISBN-13: 9780226775326

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Also published as v. 59, no. 1 (winter 1992), of the University of Chicago law review.


Legislated Rights

Legislated Rights

Author: Grégoire Webber

Publisher: Cambridge University Press

Published: 2018-03-01

Total Pages: 223

ISBN-13: 1108642500

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The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.


Water Law

Water Law

Author: William Goldfarb

Publisher: CRC Press

Published: 1988-04

Total Pages: 320

ISBN-13:

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This revised second edition is essential to everyone involved with water and water resources-complying with the myriad federal, state, and local laws and regulations that govern the use and management of water in our attempts to maintain, clean, usable water. It includes the law of water diversion and distribution; water resources development and protection; water treatment and land use; ocean dumping; oil and hazardous substances cleanup; riparian and non-riparian systems; Eastern permit systems; beneficial use; water codes; prior appropriation; surface and ground water; channel modifications; municipal water supply; irrigation; California Water Management Districts; Bureau of Reclamation; Corps of Engineers; Water Resources Development Act of 1986; SCS, TVA, BPA, NEA, CERCLA, CWA, SDWA, RCRA, and their substantial changes in the last four years; water resources planning and research; public use; ownership of beds and banks; wild and scenic rivers; river corridor and instream flow protection; flood insurance, Section 404 and Section 208; the Supreme Court and water conservation; heat dischargers; quality-based effluent limitations; state ground water programs; pretreatment; funding; enforcement; citizen suits; and many more vital topics.