Environmental Law

A journal investigating issues of environment law and policy on a local, national and international level.

Articles from Vol. 28, No. 2, Summer

Borrowing Instead of Taking: How the Seemingly Opposite Threads of Indian Treaty Rights and Property Rights Activism Could Intertwine to Restore Salmon to the Rivers
This Article examines the nature of the right to fish that Indian tribes reserved in treaties with the United States Government, concluding that the exercise of the treaty right to fish is a compensable Fifth Amendment property right. The...
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Not in My Backyard PASH V. HPC: The Clash between Native Hawaiian Gathering Rights and Western Concepts of Property in Hawaii
Western property law in Hawaii exists in an uneasy truce with the original native gathering practices that existed before the arrival of Europeans. The Author traces the development of Hawaiian law, from the early cases that severely restricted...
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