Putting the Public Trust Doctrine to Work PDF Download

Author: David C. Slade
Publisher:
ISBN:
Category : Coastal zone management
Languages : en
Pages : 418

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Author: Helen F. Althaus
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 482

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Author: Sara Warner
Publisher: University of Georgia Press
ISBN: 0820336572
Category : Nature
Languages : en
Pages : 296

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Book Description
In most states the boundary separating public waters from private uplands--the ordinary high water line (OHWL)--is a flashpoint between proponents of either property rights or public-trust protection of our water. Using Florida as a case study, Down to the Waterline is the first book-length analysis of the OHWL doctrine and its legal, technical, and cultural underpinnings. Sara Warner not only covers the historical function of the OHWL but tells how advances in science and our environmental attitudes have led us to a more complex encounter with this ancient boundary. Florida sees a steady influx of new residents who crowd along its extensive coasts and interior shorelines--yet who also demand pristine water resources. The OHWL establishes public access and private ownership limits on some of the state’s most valuable land: in economic terms, waterfront real estate; in ecological terms, marshes and wetlands. Sara Warner brings to life many of the courtroom battles fought over the OHWL through the perspectives of ranchers, outdoors enthusiasts, developers, surveyors, scientists, and policymakers. While explaining the OHWL’s legal and political intricacies, Warner never loses sight of the wonder of herons wading a marsh or a largemouth bass breaking a smooth lake surface. To her the OHWL is not just an ideological battleground; it is a marker of how we see the natural world. What do we think we’re doing when we channel a river or fill a swamp? she asks--for it matters greatly where we focus our attention before invoking the awesome capabilities of technology.

Author: United States. Army. Corps of Engineers. Honolulu District
Publisher:
ISBN:
Category : Environmental impact analysis
Languages : en
Pages : 626

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 656

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Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Tamar T Frankel
Publisher: Oxford University Press
ISBN: 0199750270
Category : Law
Languages : en
Pages : 334

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Book Description
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.

Author: Peter J. Galie
Publisher: SUNY Press
ISBN: 1438463332
Category : Political Science
Languages : en
Pages : 342

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Book Description
Examines the significant gaps between what New York State’s constitution says and how the state is actually governed and offers ideas for reform. On its face, New York State’s constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are “inoperative,” and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New York’s Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the state’s constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined. “This is an impressive volume, teeming with invaluable insights. It presents a compelling message: since many of the dysfunctions in state governance are inextricably tied to the organizational structures and policies detailed—and sometimes followed, sometimes disregarded—in the state constitution, constitutional reform is imperative. Anyone concerned about the operation and current dysfunction of New York State government should read this book.” — Vincent M. Bonventre, Albany Law School “This book will be enormously useful in guiding the public and scholarly debate in the lead-up to the November 2017 vote on the question of whether to hold a state constitutional convention.” — John J. Dinan, author of The American State Constitutional Tradition

Author: B. Delworth Gardner
Publisher: Transaction Publishers
ISBN: 1412845785
Category : Nature
Languages : en
Pages : 427

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Book Description
Water is becoming increasingly scarce. If recent usage trends continue, shortages are inevitable. Aquanomics discusses some of the instruments and policies that may be implemented to postpone, or even avoid, the onset of “water crises.” These policies include establishing secure andtransferable private water rights and extending these rights to uses that traditionally have not been allowed, includingaltering in-stream flows and ecosystem functions. The editors argue that such policies will help maximize water quantity and quality as water becomes scarcer and more valuable. Aquanomics contains many examples of how this is being accomplished, particularly in the formation of water markets and market-like exchanges of water rights. Many observers see calamity ahead unless water supplies are harnessed and effectively conserved, and unless water quality can be improved. It is also clear that declining water quality is a serious problem in much of the world, as increasing human activities induce high levels of water degradation. Those who voice these concerns, argue the contributors to this volume, fail to consider the forces for improvement inherent in market political-economic systems that can address water issues. The contributors see water quality in economically advanced countries as improving, and they believe this establishes the validity of market-based approaches.

Author: Christine A. Klein
Publisher: Aspen Publishing
ISBN: 1454897570
Category : Law
Languages : en
Pages : 1804

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Book Description
Offering broad national coverage on an array of topics, Natural Resources Law, Fourth Edition conveys the drama behind resource disputes and policy and the love-of-place. Most cases are introduced with a photo or map of the place, along with a context-setting paragraph. Each group of cases—both foundational cases as well as new decisions—begins with a factually rich discussion problem tailored to the cases that follow. Many problems mirror traditional essay exam questions; others raise contemporary policy issues. This highly teachable book groups readings into discrete, assignment-sized chunks of 25-40 pages, allowing coverage of 2-4 cases or one problem during each class section. The main emphasis is on primary sources, and each chapter opens with relevant statutory and regulatory sections.