The paper discusses, form international law perspective the status of the Arab Bedouins in the Negev Desert in the Southern part of Israel. The discussion looks at the principle of Equality and non discrimination, the status of internally-displaced persons, and indigenous people. The last part...

When the Supreme Court announced its 2005 decision in Kelo v. City of New London, few legal scholars were surprised at the outcome, which was premised on precedents extending back to the middle of the 19th century. Legal scholars were surprised, however, by the intense political reaction to Kelo...

Over the past few decades, while land reform has made little headway in most of India, West Bengal has achieved notable land reform progress. This progress has occurred in three areas: the redistribution of agricultural land, the regulation of sharecropping relationships, and the distribution of...

This Article seeks to analyze the potential success of claims available to Native American tribes to protect their cultural resources against potentially competing claims under three circumstances: (1) where agency actions to protect Native American interests are challenged; (2) where agency...

This paper presents the current land regime and nature of economic development found on most Native American reservations, drawing predominantly from the Navajo Nation. It then considers the situation according to (1) neo-classical economics and (2) New Institutional Economics (NIE). The paper...

The future looked bright for Argentina in the early twentieth century. It had already achieved high levels of income per capita and was moving away from authoritarian government towards a more open democracy. Unfortunately, Argentina never finished the transition. The turning point occurred in...

The tension between an expansive reading of the Takings Clause and the state's virtually unlimited power to tax has been the subject of repeated scholarly comment but has received little systematic exploration. Some scholars, most notably Richard Epstein, have attempted to use the tension...

Property rights are fundamental in economic theory. There is, however, no consensus in the economic literature about what property rights are. Economists define property rights variously and, sometimes, in ways that conflict with the conventional understandings of legal scholars and judges. This...

This article explains the numerous environmental protections contained in an unlikely statute, the Federal Power Act, first enacted in 1920. Federally licensed hydropower projects are often the largest influences on streamflows in watersheds, so making the projects environmentally compatible is...

We analyze the effect of the inherited Mexican property institutions in California on the state’s early agricultural development, focusing on land demarcation and the implied water rights. In California large tracts of land, called ranchos, granted during Spanish and Mexican rule of California...