This updated chapter of the Lexis Treatise, Waters & Water Rights provides an overview of the statutes and cases governing water law in New York State. The state's water law is primarily codified in Article 15 of New York Environmental Conservation Law, with residual issues defined by common...

Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive...

Twenty years ago Glacier National Park was considered the park most at risk from external threats, such as mining and timber harvesting on adjacent lands. This finding led to an earlier Article that examined whether Glacier officials were effectively defending the park from these external...

This article, written for the Eighth Annual Legal Scholarship Symposium celebrating the work of Richard A. Epstein, assesses Epstein’s advocacy of a default rule for patent conveyances. The article first explains how nineteenth-century patent doctrine supports Epstein’s argument for a...

There is a large literature that finds that common law countries perform better than civil law countries in various aspects of the institutional environment. The present paper extends these findings to another dimension of institutional quality - the cost of registering property. In a sample of...

Yankee Stadium may be scheduled for demolition at the end of the 2008 baseball season, but the storied ballpark will live on in the memories of all baseball fans. "The House That Ruth Built" examines the legal history of the Yankees in their four New York homes: Hilltop Park, the Polo Grounds,...

By examining a novel data set of land acquisitions and condemnations for roads by all 50 states, this article attempts to formulate a positive theory of states' invocation of their eminent domain power. Litigation models based on irrationality and asymmetric information suggest that geography,...

This is the tables of contents and cases, the preface, and part of the introductory chapter to the 3rd edition of Native American Natural Resources Law, published by Carolina Academic Press. This coursebook is suitable for a 2- or 3-credit course in Indian Law or Environmental and Natural...

Recent legislation passed in March 2012 in the State of Utah – the “Transfer of Public Lands Act and Related Study,” (“TPLA”) also commonly referred to House Bill 148 (“H.B. 148”) – has demanded that the federal government, by December 31, 2014, “extinguish title” to certain...