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<a href='http://scholarship.law.berkeley.edu/facpubs/1471' target="_blank">Yale Law Journal</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/879' target="_blank">University of Colorado Law Review</a>
The problems raised in this article center on Section 8 of the Reclamation Act of 1902. This section delineates the rights reserved to the states where a Federal Reclamation Program is in force. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1267' target="_blank">Natural Resources Journal</a>
Although there is a growing acceptance of the doctrine that a city should provide neighboring suburbs with water on reasonable and nondiscriminatory terms, courts continue to rule for the defendant cities. A workable solution may be to impose a duty on defendant cities of compiling and producing the cost data for each item utilized in determining rates. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1310' target="_blank">Michigan Law Review</a>
The Federal Reclamation Program was designed to provide farmers with irrigation water at prices they could afford. Since the worth of this right is reflected in land values, a seller of a farm in a reclamation project may receive payment for this right. This essentially converts the reclamation subsidy into cash at the expense of successors on the project. This article offers a potential solution. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1322' target="_blank">Michigan Law Review</a>
This article suggests that a solution to the slum housing dilemma may be the recognition of civil damage action against landlords who fail to maintain their premises in safe and decent condition. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1329' target="_blank">Michigan Law Review</a>
A response to Professors Blum and Dunham. -
1st ed. New York, Public Affairs Committee Devices built into the American legal system to temper strict and mechanical law enforcement with a certain amount of mercy, common sense, and human justice.
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<a href='http://scholarship.law.berkeley.edu/facpubs/1359' target="_blank">Michigan Law Review</a>
Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. -
<a href='http://works.bepress.com/joseph_sax/45/' target="_blank">Book</a>
Defending the Environment: A Strategy for Citizen Action examines the implications for the democratic state of a representative government which delegates authority for the management of natural resources to agencies. Further, it is a proposal for political and environmental activism which will mitigate the problems caused by agency management of these resources. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1586' target="_blank">Yale Law Journal</a>
Despite the intensive efforts of commentators and judges, our ability to distinguish satisfactorily between "takings" in the constitutional sense, for which compensation is compelled, and exercises of the police power, for which compensation is not compelled, has advanced only slightly since the Supreme Court began to struggle with the problem some eighty years ago. -
<a href='http://scholarship.law.berkeley.edu/facpubs/414' target="_blank">Student Lawyer</a>
The opportunity to bring various institutional decision makers into a given problem itself increases the likelihood that better decisions will be made because of the pressure that each institution can bring upon the others to do their job better. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1401' target="_blank">Michigan Law Review</a>
The Michigan Environmental Protection Act of 1970 (EPA) represents a departure from the long-standing tradition under which control of environmental quality has been left almost exclusively in the hands of regulatory agencies: it gives to ordinary citizens an opportunity to take the initiative in environmental law enforcement. -
<a href='http://scholarship.law.berkeley.edu/facpubs/145' target="_blank">Natural Resources Journal</a>
Subjects and Keywords: Mineral King decision; Morton (Mineral King case); Sierra Club v U.S. Supreme Court; Walt Disney Enterprises Int -
<a href='http://scholarship.law.berkeley.edu/facpubs/599' target="_blank">Oklahoma Law Review</a>
Most regulatory laws fail because the people who write and enforce them seem oblivious to the one matter they should most care about - the behavioral realities that govern the institutions sought to be regulated. The field of administrative law, whose domain this is, seems hopelessly out of touch. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1108' target="_blank">Ecology Law Quarterly</a>
In this Article the draftsman of the Michigan Act reviews the first three years of its implementation. The authors find that the Act has received relatively little substantive interpretation, but that a considerable volume of litigation has occurred without the dire consequences which some had predicted. -
<a href='http://works.bepress.com/joseph_sax/10' target="_blank">Natural History</a>
Discusses the principles, purposes and prospects of national parks in the United States. Three prominent figures associated with national park movements; Attractiveness and success of the idea of creating national parks; History of congressional enactments establishing the national parks; Role of national parks in a democratic society; Reasons for the objection to the use of national parks for conventions. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1489' target="_blank">Michigan Law Review</a>
The decision to establish the parks as distinctive public lands has itself produced difficulties, for, although the parks alone were set aside to be conserved "unimpaired for the enjoyment of future generations," the parks do not stand alone. On their borders, and sometimes in their midst, are private landholdings, which are subject to no such
protective mandate. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1553' target="_blank">Environmental Law</a>
While advocates for parks and wilderness have never been a major force in American politics, they hve achieved some extraordinary successes. There is an ideal at work that is capable of eliciting intense responses from many people. -
<a href='http://scholarship.law.berkeley.edu/facpubs/108' target="_blank">Creighton Law Review</a>
To a significant extent, National Parks management decisions effectively determine who the visitors will be, what they will do, and in what numbers, by choices that must be made, one way or the other. -
<a href='http://works.bepress.com/joseph_sax/14/' target="_blank">Michigan Environs (WMEAC) 1 No. 5</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/323' target="_blank">Duke Law Journal</a>
The National Parks are enclaves of preservation adrift in a sea of development. Inevitably conflicts arise, for even the most conventional private land uses are frequently incompatible with the historic, archeological, and ecological preservation mandates under which the park system operates. -
<a href='http://works.bepress.com/joseph_sax/46/' target="_blank">Book</a>
The author gives an "analysis of a fundamental dilemma in the management of public lands, relative especially to their recreational uses. He contrasts (1) the preservationist advocacy of 'contemplative' recreation such as is possible only in areas insulated from commercial exploitation, as opposed to (2) the mass culture's pursuit of conventional touristic amusements in developed resort areas." -
<a href='http://scholarship.law.berkeley.edu/facpubs/186' target="_blank">U.C. Davis Law Review</a>
Taken at face value, the public trust appears simply to limit public alienation of certain properties. Yet when so narrowly interpreted, it generates some rather peculiar responses. -
<a href='http://works.bepress.com/joseph_sax/16' target="_blank">High Country News</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/1248' target="_blank">Washington Law Review</a>
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<a href='http://works.bepress.com/joseph_sax/17' target="_blank">The New York Times</a>
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<a href='http://works.bepress.com/joseph_sax/18' target="_blank">Natural History Magazine</a>
Reports on proposals to given private concessionaires a larger role in United States' parks. Park service history; Benefits of the proposal; Role of railroads in the development of parks. -
<a href='http://works.bepress.com/joseph_sax/19' target="_blank">Natural History Magazine</a>
Features wilderness areas for nature enthusiasts in France. Key features of wilderness areas; Collection of national parks and reserves memorializing relationships between man and nature; Dual function of the administration of national parks. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1022' target="_blank">University of Pittsburgh Law Review</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/331' target="_blank">Utah Law Review</a>
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<a href='http://works.bepress.com/joseph_sax/22' target="_blank">Rethinking the Public Lands</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/306' target="_blank">University of Michigan Journal of Law Reform</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/1221' target="_blank">University of Colorado Law Review</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/285' target="_blank">Case Western Reserve Journal of International Law</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/494' target="_blank">Land and Water Law Review</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/166' target="_blank">Ecology Law Quarterly</a>
Subjects and Keywords: Administrative structure and organization; Conflict resolution; Federal interagency relations; Glacier National Park; Land use; Montana -
<a href='http://scholarship.law.berkeley.edu/facpubs/1564' target="_blank">UCLA Journal of Environmental Law and Policy</a>
Subjects: United States. Supreme Court; Land use; Constitution; Environmental law; Property right; Status report -
<a href='http://works.bepress.com/joseph_sax/25' target="_blank">Annual Report, School of Natural Resources, University of Michigan</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/369' target="_blank">Environmental Law</a>
Subjects and Keywords: Legislation; Public demand; Water rights, private -
<a href='http://scholarship.law.berkeley.edu/facpubs/1294' target="_blank">University of Colorado Law Review</a>
Subjects: Water -- Law & legislation; Economics -
<a href='http://scholarship.law.berkeley.edu/facpubs/1380' target="_blank">Journal of Land Use & Environmental Law</a>
Subjects: Environmental protection; Jurisprudence -
<a href='http://scholarship.law.berkeley.edu/facpubs/1662' target="_blank">Michigan Law Review</a>
Subjects: Gregoire, Henri, 1750-1831; Historic preservation; Cultural property -
<a href='http://works.bepress.com/joseph_sax/28' target="_blank">Places</a>
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<a href='http://scholarship.law.berkeley.edu/californialawreview/vol78/iss6/3/' target="_blank">California Law Review</a>
In this Article, the author examines the genesis of preservation policies in the United Kingdom. The author traces the history of a bill introduced by Sir John Lubbock, thoughtfully exploring the origins of the concepts of cultural heritage property. -
<a href='http://scholarship.law.berkeley.edu/facpubs/1783' target="_blank">UCLA Journal of Environmental Law and Policy</a>
Subjects and Keywords: Wetlands; Global warming; Insurance scheme; Proposal, strategic; Sea level, rising; Wetland fate -
<a href='http://works.bepress.com/joseph_sax/32' target="_blank">The Greater Yellowstone Ecosystem</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/596' target="_blank">Loyola of Los Angeles Law Review</a>
Subjects: Eminent domain -
<a href='http://scholarship.law.berkeley.edu/facpubs/448' target="_blank">Ecology Law Quarterly</a>
Subjects: Environmental protection; Public lands -
<a href='http://scholarship.law.berkeley.edu/facpubs/1017' target="_blank">Stanford Law Review</a>
Subjects: Eminent domain; Environmental protection -
<a href='http://scholarship.law.berkeley.edu/facpubs/597' target="_blank">Loyola of Los Angeles Law Review</a>
Subjects: Water -- Law & legislation; Property rights -
<a href='http://scholarship.law.berkeley.edu/facpubs/420' target="_blank">West-Northwest Journal of Environmental Law-Policy-Thought</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/932' target="_blank">Hastings West-Northwest Journal of Environmental Law and Policy</a>
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Consultation on law and policy by Joseph L. Sax This volume presents the results of a five-year study of wildlife-management policies in national parks.
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<a href='http://scholarship.law.berkeley.edu/facpubs/510' target="_blank">Ecology Law Quarterly</a>
Subjects and Keywords: POLITICAL science
Author-Supplied Keywords: Legislation, environmental vs antienvironmental; Politics; Private property rights; Takings legislation; US Congress, 104th -
<a href='http://scholarship.law.berkeley.edu/facpubs/184' target="_blank">Pace Environmental Law Review</a>
Subjects: Eminent domain; Environmental protection -
<a href='http://scholarship.law.berkeley.edu/facpubs/543' target="_blank">Ecology Law Quarterly</a>
Subjects: Endangered species -
<a href='http://works.bepress.com/joseph_sax/37' target="_blank">Rocky Mountain Mineral Law Institute</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/2140' target="_blank">California Law Review</a>
Discusses the emphasis of the United States environmental law on biodiversity protection and restoration. Information on the legal issues encountered in enforcing the Endangered Species Act (ESA); Details on the cases related to ESA; How biodiversity values are being integrated into established resource economies. -
<a href='http://scholarship.law.berkeley.edu/facpubs/611' target="_blank">Ecology Law Quarterly</a>
Subjects: Land use; Biodiversity; Ecosystem management -
<a href='http://works.bepress.com/joseph_sax/47/' target="_blank">Book</a>
Some of the world's greatest treasures are private property, and no matter their significance, the public has no claims on them. An owner of Leonardo da Vinci's notebook would be within his rights to throw it in the fireplace, as James Joyce's grandson did with letters from the author's daughter, or Warren Harding's widow did with her husband's Teapot Dome papers. This is a book about such rights and why they are wrong. -
<a href='http://scholarship.law.berkeley.edu/facpubs/972' target="_blank">Washburn Law Journal</a>
Subjects: Restoration ecology; Biodiversity -
<a href='http://scholarship.law.berkeley.edu/facpubs/378' target="_blank">Pace Environmental Law Review</a>
Subjects: Eminent domain; Wetlands; Endangered species -
<a href='http://scholarship.law.berkeley.edu/facpubs/1394' target="_blank">University of Denver Water Law Review</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/429' target="_blank">University of Illinois Law Review</a>
Subjects: Property rights; Land use -
<a href='http://scholarship.law.berkeley.edu/facpubs/905' target="_blank">Vanderbilt Journal of Transnational Law</a>
The article reflects on the trends in art collection in England. The history of access as a proprietary duty is explored. The conflict of interests between the owner of an artwork and the public is examined in detail. -
<a href='http://scholarship.law.berkeley.edu/facpubs/793' target="_blank">Ecology Law Quarterly</a>
Subjects: Glacier National Park (Mont.); Ecosystem management; Regional planning -
<a href='http://works.bepress.com/joseph_sax/48/' target="_blank">Book, Fourth Edition</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/664' target="_blank">University of Hawai'i Law Review</a>
Subjects: Public purpose doctrine (Eminent domain); Constitutional law -
<a href='http://scholarship.law.berkeley.edu/facpubs/820' target="_blank">Ecology Law Quarterly</a>
Subjects: Freshwater ecology; Water supply -- West (U.S.) -
<a href='http://inthenews.berkeleylawblogs.org/2007/07/30/joseph-sax-wins-international-blue-planet-prize-for-research-on-environmental-law/' target="_blank">In the News</a>
“This (award) is simply the latest in a series of well-deserved accolades Professor Sax has received over his remarkable career,” said Cymie Payne, associate director of Boalt’s Center for Environmental Law and Policy… -
<a href='http://inthenews.berkeleylawblogs.org/2007/07/30/joseph-sax-on-legacy-of-environmental-movement/' target="_blank">In the News</a>
KQED (89.5 FM) Forum with Michael Krasny, July 17
Audio The show discusses the legal legacy of the environmental movement as well as the role of industry. -
Environmental Law Institute. Clifford Rechtschaffen & Denise Antolini, editors.
Creative Common Law Strategies for Protecting the Environment vividly illustrates that environmental common law has never been more alive, and perhaps more needed for meeting complex environmental challenges, than it is today. -
<a href='http://scholarship.law.berkeley.edu/facpubs/172' target="_blank">Hastings West-Northwest Journal of Environmental Law and Policy</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/171' target="_blank">Hastings West-Northwest Journal of Environmental Law and Policy</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/170' target="_blank">Hastings West-Northwest Journal of Environmental Law and Policy</a>
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<a href='http://works.bepress.com/joseph_sax/44' target="_blank">Encyclopedia of Environmental Ethics and Philosophy</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/94' target="_blank">Vermont Journal of Environmental Law</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/834' target="_blank">Vermont Law Review</a>
The article focuses on regulatory takings and its creation of a system of winners and losers, burdening a few with the obligations that should have been equitably apportioned. It notes the need to find ways to deal with regulatory cases crying for fairness because of the inability of the lower courts to resolve its doctrinal mysteries. -
<a href='http://works.bepress.com/joseph_sax/39' target="_blank">University of Hawaii Law Review</a>
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<a href='http://scholarship.law.berkeley.edu/facpubs/1133' target="_blank">Natural Resources Journal</a>
We allow owners to consume limited resources like open space and habitat in a version of a prior appropriation system so that nothing is left to later-developing landowners when the limits of acceptable use are acknowledged through late-stage regulation. We can and should do something about it as an alternative to constitutional litigation. -
<a href='http://scholarship.law.berkeley.edu/facpubs/527' target="_blank">Tulane Environmental Law Journal</a>
Subjects: Accretion; Real property; Water -- Law & legislation -
<a href='http://scholarship.law.berkeley.edu/facpubs/757/' target="_blank">Utah Environmental Law Review</a>
<p>Delivered at the 15th Annual Symposium of the Wallace Stegner Center for Land, Resources and the Environment held on March 11, 2011</p> -
<a href='http://inthenews.berkeleylawblogs.org/2012/03/21/daniel-farber-and-joseph-sax-recount-berkeley-laws-environmental-legacy/' target="_blank">In the News</a>
“It traces back to work done at the law school, to community activists and to people in public office,” says Sax. “We need the legal basis to get the job done, and the place where that happens is in the law school.” -
<a href='http://scholarship.law.berkeley.edu/facpubs/2139/' target="_blank">Vermont Law Review</a>
This article focuses on reserved public rights in water and discusses the water history of the U.S. It discusses California water laws and its eminent domain provisions. -
<a href='http://www.nytimes.com/2014/03/11/us/joseph-l-sax-who-pioneered-legal-protections-for-natural-resources-dies-at-78.html?_r=1' target="_blank">NY Times, by Douglas Martin</a>
Joseph Sax's obituary from the New York Times -
<a href='http://www.law.berkeley.edu/16842.htm' target="_blank">Text by Andrew Cohen</a>
Berkeley Law Professor Emeritus Joseph Sax, widely known as the “father of environmental law,” died Sunday, March 9, in San Francisco of complications from a series of strokes. He was 78. -
<a href='http://www.dailycal.org/2014/03/17/joseph-sax-uc-berkeley-professor-emeritus-law-dies-78/' target="_blank">The Daily Californian, by Ivy Kim</a>
Joseph Sax's obituary from the Daily Californian
