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Inter-imperial riparian regulation V: Encounters of authorized empires in Miner?

Yesterday I mentioned why American water regulation might have been engaging to judges making use of French regulation in Canada. In the present day we transfer the main focus again to London and the Privy Council: The reliance by counsel in Miner v. Gilmour on American sources for a query of French regulation, together with the courtroom’s conflation of the French regulation and the frequent regulation (mentioned in Half III of this collection), would appear…

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Unraveling the racial context of property rights

Joseph Singer just lately posted “Indian Title: Unraveling the Racial Context of Property Rights, or Methods to Cease Participating in Conquest”, an article related, I believe, to these engaged with the historical past of legislation and the surroundings. The summary: John Marshall The case of Johnson v. M’Intosh, 21 US 543 (1823), is taught in lots of property legislation courses and is the one data given to new legislation college students in regards to the…

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Inter-imperial riparian legislation VI: Miner as an inter-imperial authorized authority and Conclusion

On Friday we mentioned the place of French and American legislation in Privy Council water selections, main as much as the seminal 1858 case of Miner v. Gilmour. At the moment we'll have a look at how Miner grew to become an inter-imperial authority, as Lord Kingsdown's abstract of the relative rights of riparian homeowners was cited extensively all through the British Empire and past (for examples of the case's affect, see the article on which this collection…

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California Air Assets Board’s 50th anniversary

From Authorized Planet: On Friday, January 19, 2018, the College of California, Davis, will host a serious convention commemorating the California Air Assets Board’s 50th anniversary.  The convention represents a three-way partnership between UCD College of Legislation’s California Environmental Legislation and Coverage Middle, UCD’s Institute for Transportation Research and CARB. Since its creation in 1967, CARB has been a mannequin of environmental stewardship, air pollution management innovation and public service.  Years earlier than passage of…

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The redwood wars

The most recent American Historic Overview has a overview by Neil Maher of Darren Speece's Defending Giants: The Redwood Wars and the Transformation of American Environmental Politics (U. Washington Press, 2017). Some excerpts: Speece begins with the battle’s prehistory, describing the rise within the area through the late nineteenth and early twentieth centuries of a “corporatist” logging trade that was permitted, with encouragement from the California Board of Forestry, to self-regulate reducing practices on privately owned…

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Inter-imperial riparian regulation IV: The attraction of American regulation

Yesterday I mentioned the in depth use water regulation judicial selections within the courts of Decrease Canada, with its pre-revolutionary French property regulation, fabricated from American sources. At present I talk about why they might have regarded to a jurisdiction that had by no means belonged to the previous empire from which the native regulation derived, and now not belonged to the brand new empire of which Canada was now a component.  Hon. Justice T.C.…

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Water rights III – Property in water: Principle

(Persevering with the sequence on water rights🙂The query of how and why water has been ruled by regimes of personal, public, and customary property has occupied students for a while, typically in tandem with the normative situation of which kind of property regime is finest for the useful resource.  Harold Demsetz As in lots of different fields, financial evaluation has proved to be a dominant theoretical lens for understanding the event of water rights, producing each…

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