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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 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.
Some analysts have called distrust the biggest governmental crisis of our time. It is unquestionably a huge problem, undermining confidence in our elected institutions, shrinking social capital, slowing innovation, and raising existential questions for democratic government itself. What’s behind the rising distrust in democracies around the world and can we do anything about it? In this lively and thought-provoking essay, Donald F. Kettl, a leading scholar of public policy and management, investigates the deep historical roots of distrust in government, exploring its effects on the social contract between citizens and their elected representatives. Most importantly, the book examines the strategies that present-day governments can follow to earn back our trust, so that the officials we elect can govern more effectively on our behalf.
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.
The foremost experts on the North American Model of Wildlife Conservation come together to discuss its role in the rescue, recovery, and future of our wildlife resources. At the end of the nineteenth century, North America suffered a catastrophic loss of wildlife driven by unbridled resource extraction, market hunting, and unrelenting subsistence killing. This crisis led powerful political forces in the United States and Canada to collaborate in the hopes of reversing the process, not merely halting the extinctions but returning wildlife to abundance. While there was great understanding of how to manage wildlife in Europe, where wildlife management was an old, mature profession, Continental methods depended on social values often unacceptable to North Americans. Even Canada, a loyal colony of England, abandoned wildlife management as practiced in the mother country and joined forces with like-minded Americans to develop a revolutionary system of wildlife conservation. In time, and surviving the close scrutiny and hard ongoing debate of open, democratic societies, this series of conservation practices became known as the North American Model of Wildlife Conservation. In this book, editors Shane P. Mahoney and Valerius Geist, both leading authorities on the North American Model, bring together their expert colleagues to provide a comprehensive overview of the origins, achievements, and shortcomings of this highly successful conservation approach. This volume • reviews the emergence of conservation in late nineteenth–early twentieth century North America • provides detailed explorations of the Model's institutions, principles, laws, and policies • places the Model within ecological, cultural, and socioeconomic contexts • describes the many economic, social, and cultural benefits of wildlife restoration and management • addresses the Model's challenges and limitations while pointing to emerging opportunities for increasing inclusivity and optimizing implementation Studying the North American experience offers insight into how institutionalizing policies and laws while incentivizing citizen engagement can result in a resilient framework for conservation. Written for wildlife professionals, researchers, and students, this book explores the factors that helped fashion an enduring conservation system, one that has not only rescued, recovered, and sustainably utilized wildlife for over a century, but that has also advanced a significant economic driver and a greater scientific understanding of wildlife ecology. Contributors: Leonard A. Brennan, Rosie Cooney, James L. Cummins, Kathryn Frens, Valerius Geist, James R. Heffelfinger, David G. Hewitt, Paul R. Krausman, Shane P. Mahoney, John F. Organ, James Peek, William Porter, John Sandlos, James A. Schaefer
This book presents a comprehensive analysis of the existing nature of India’s groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the “elitist” and the “egalitarian.” The book’s fundamental premise is that despite being an extraordinarily critical resource that supports India’s burgeoning population’s ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book’s introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management–Inter-state Water Conflicts–Aquifers–Water Markets–Water Security–Water Law Reform–Groundwater Law–Water Law–Sustainable Development–Hydrology