Gabriel S. Sampson, Eric Edwards and Nathan P. Hendricks | November 2, 2023 | Property
Below is the abstract for “The Capitalization of Incomplete Property Rights to the Groundwater Commons,” available for download on SSRN. Incomplete property rights are common across a range of natural resources such as fisheries and groundwater. The High Plains...
Matthew L.M. Fletcher | March 22, 2023 | American Indian Law, Property
This article was originally published on SCOTUSblog.com on March 21, 2023. What water the United States owes the Navajo Nation under the 1868 Treaty of Bosque Redondo formed the crux of the argument in Arizona v. Navajo Nation. The treaty, known by the Navajo people...
Luis Inaraja Vera | March 20, 2023 | Property
Below is the abstract for “Takings Property and Appropriative Water Rights,” available for download on SSRN. The Takings Clause of the Fifth Amendment to the United States Constitution provides that “private property [shall not] be taken for public use, without just...
Jeffrey B. Litwak and Edward J. Sullivan | February 22, 2023 | Property
Below is the abstract for “Oregon Land Use Law: Cases and Materials,” available for download on SSRN. Land use law is a staple in most law schools and in undergraduate and graduate planning programs throughout the United States. Occasionally, students may take a...
Reed D. Benson | November 16, 2022 | Property
Below is the abstract for “Public Ownership, Public Rights: Recreational Stream Access Decisions in the Mountain West,” available for download on SSRN. Stream access disputes involve a clash of public and private rights. Boaters and anglers often view streams as...
