-
Takings and the Police Power
<a href='http://scholarship.law.berkeley.edu/facpubs/1471' target="_blank">Yale Law Journal</a> -
Problems of Federalism in Reclamation Law
<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. -
Municipal Water Supply for Nonresidents: Recent Developments and a Suggestion for the Future
<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. -
Selling Reclamation Water Rights: A Case Study in Federal Subsidy Policy
<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. -
Slumlordism as a Tort
<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. -
Slumlordism as a Tort--A Brief Response
<a href='http://scholarship.law.berkeley.edu/facpubs/1329' target="_blank">Michigan Law Review</a>
A response to Professors Blum and Dunham. -
Law and Justice
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. -
The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention
<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. -
Defending the Environment: a strategy for citizen action
<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. -
Takings, Private Property and Public Rights
<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. -
Heal the Environment - Apply a Compress of Cold Cash
<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. -
Michigan's Environmental Protection Act of 1970: A Progress Report
<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. -
Standing to Sue: A Critical Review of the Mineral King Decision
<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 -
The (Unhappy) Truth about NEPA
<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. -
Environmental Citizen Suits: Three Years' Experience under the Michigan Environmental Protection Act
<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. -
America's National Parks, Their Principles, Purposes and Prospects
<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. -
Helpless Giants: The National Parks and the Regulation of Private Lands
<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. -
Freedom: Voices from the Wilderness
<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. -
Fashioning a Recreation Policy For Our National Parklands: The Philosophy of Choice and the Choice of Philosophy
<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. -
MEPA Ten Years Later
<a href='http://works.bepress.com/joseph_sax/14/' target="_blank">Michigan Environs (WMEAC) 1 No. 5</a> -
Buying Scenery: Land Acquisitions for the National Park Service
<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. -
Mountains Without Handrails: Reflections on the National Parks
<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." -
Liberating the Public Trust Doctrine from Its Historical Shackles
<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. -
Profiting From Parks: None of Watt's Business
<a href='http://works.bepress.com/joseph_sax/16' target="_blank">High Country News</a> -
Some Thoughts on the Decline of Private Property
<a href='http://scholarship.law.berkeley.edu/facpubs/1248' target="_blank">Washington Law Review</a> -
Off the Beaten Path in France
<a href='http://works.bepress.com/joseph_sax/17' target="_blank">The New York Times</a> -
Free Enterprise in the Woods
<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. -
In Search of Past Harmony
<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. -
Do Communities Have Rights - The National Parks as a Laboratory of New Ideas
<a href='http://scholarship.law.berkeley.edu/facpubs/1022' target="_blank">University of Pittsburgh Law Review</a> -
Why We Will Not (Should Not) Sell the Public Lands: Changing Conceptions of Private Property
<a href='http://scholarship.law.berkeley.edu/facpubs/331' target="_blank">Utah Law Review</a> -
The Claim for Retention of the Public Lands
<a href='http://works.bepress.com/joseph_sax/22' target="_blank">Rethinking the Public Lands</a> -
Why I Teach Water Law
<a href='http://scholarship.law.berkeley.edu/facpubs/306' target="_blank">University of Michigan Journal of Law Reform</a> -
The Legitimacy of Collective Values: The Case of the Public Lands
<a href='http://scholarship.law.berkeley.edu/facpubs/1221' target="_blank">University of Colorado Law Review</a> -
A Model State Water Act for Great Lakes Management: Explanation and Text
<a href='http://scholarship.law.berkeley.edu/facpubs/285' target="_blank">Case Western Reserve Journal of International Law</a> -
Tribute to Frank J. Trelease
<a href='http://scholarship.law.berkeley.edu/facpubs/494' target="_blank">Land and Water Law Review</a> -
Glacier National Park and Its Neighbors: A Study of Federal Interagency Relations
<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 -
Property Rights in the U.S. Supreme Court: A Status Report
<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 -
Inching Toward A Land Ethic: Wildlife Law in Transition
<a href='http://works.bepress.com/joseph_sax/25' target="_blank">Annual Report, School of Natural Resources, University of Michigan</a> -
The Limits of Private Rights in Public Waters
<a href='http://scholarship.law.berkeley.edu/facpubs/369' target="_blank">Environmental Law</a>
Subjects and Keywords: Legislation; Public demand; Water rights, private -
The Constitution, Property Rights and the Future of Water Law
<a href='http://scholarship.law.berkeley.edu/facpubs/1294' target="_blank">University of Colorado Law Review</a>
Subjects: Water -- Law & legislation; Economics -
The Search for Environmental Rights
<a href='http://scholarship.law.berkeley.edu/facpubs/1380' target="_blank">Journal of Land Use & Environmental Law</a>
Subjects: Environmental protection; Jurisprudence -
Heritage Preservation as a Public Duty: The Abbe Gregoire and the Origins of an Idea
<a href='http://scholarship.law.berkeley.edu/facpubs/1662' target="_blank">Michigan Law Review</a>
Subjects: Gregoire, Henri, 1750-1831; Historic preservation; Cultural property -
Olmsted's Yosemite, A Vision Betrayed
<a href='http://works.bepress.com/joseph_sax/28' target="_blank">Places</a> -
Is Anyone Minding Stonehenge -- The Origins of Cultural Property Proection in England
<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. -
The Fate of Wetlands in the Face of Rising Sea Levels: A Strategic Proposal
<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 -
Ecosystems and Property Rights in Greater Yellowstone: The Legal System in Transition
<a href='http://works.bepress.com/joseph_sax/32' target="_blank">The Greater Yellowstone Ecosystem</a> -
The Constitutional Dimensions of Property: A Debate
<a href='http://scholarship.law.berkeley.edu/facpubs/596' target="_blank">Loyola of Los Angeles Law Review</a>
Subjects: Eminent domain -
Nature and Habitat Conservation and Protection in the United States
<a href='http://scholarship.law.berkeley.edu/facpubs/448' target="_blank">Ecology Law Quarterly</a>
Subjects: Environmental protection; Public lands -
Property Rights and the Economy of Nature: Understanding Lucas v. South Carolina Coastal Council
<a href='http://scholarship.law.berkeley.edu/facpubs/1017' target="_blank">Stanford Law Review</a>
Subjects: Eminent domain; Environmental protection -
"Rights That Inhere in the Title Itself": The Impact of the Lucas Case on Western Water Law
<a href='http://scholarship.law.berkeley.edu/facpubs/597' target="_blank">Loyola of Los Angeles Law Review</a>
Subjects: Water -- Law & legislation; Property rights -
Understanding the Transfers
<a href='http://scholarship.law.berkeley.edu/facpubs/420' target="_blank">West-Northwest Journal of Environmental Law-Policy-Thought</a> -
Proposals for Public Land Reform: Sorting Out the Good, the Bad and the Indifferent
<a href='http://scholarship.law.berkeley.edu/facpubs/932' target="_blank">Hastings West-Northwest Journal of Environmental Law and Policy</a> -
Wildlife Policies in the U.S. National Parks
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. -
Takings Legislation: Where It Stands and What Is Next
<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 -
The Second Annual Lloyd K. Garrison Lecture on Environmental Law Conducted at Pace University School of Law April 23, 1996 - Using Property Rights to Attack Environmental Protection
<a href='http://scholarship.law.berkeley.edu/facpubs/184' target="_blank">Pace Environmental Law Review</a>
Subjects: Eminent domain; Environmental protection -
The Ecosystem Approach: New Departures for Land and Water, Closing Remarks
<a href='http://scholarship.law.berkeley.edu/facpubs/543' target="_blank">Ecology Law Quarterly</a>
Subjects: Endangered species -
Public Land Law in the 21st Century
<a href='http://works.bepress.com/joseph_sax/37' target="_blank">Rocky Mountain Mineral Law Institute</a> -
Environmental Law at the Turn of the Century: A Reportorial Fragment of Contemporary History
<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. -
Comment on John Harte's Paper, Land Use, Biodiversity, and Ecosystem Integrity: The Challenge of Preserving Earth's Life Support System
<a href='http://scholarship.law.berkeley.edu/facpubs/611' target="_blank">Ecology Law Quarterly</a>
Subjects: Land use; Biodiversity; Ecosystem management -
Playing Darts With A Rembrandt: Public and Private Rights in Cultural Treasures
<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. -
The New Age of Environmental Restoration
<a href='http://scholarship.law.berkeley.edu/facpubs/972' target="_blank">Washburn Law Journal</a>
Subjects: Restoration ecology; Biodiversity -
Using Property Rights to Attack Environmental Protection
<a href='http://scholarship.law.berkeley.edu/facpubs/378' target="_blank">Pace Environmental Law Review</a>
Subjects: Eminent domain; Wetlands; Endangered species -
We Don't Do Groundwater: A Morsel of California Legal History
<a href='http://scholarship.law.berkeley.edu/facpubs/1394' target="_blank">University of Denver Water Law Review</a> -
Why America Has a Property Rights Movement
<a href='http://scholarship.law.berkeley.edu/facpubs/429' target="_blank">University of Illinois Law Review</a>
Subjects: Property rights; Land use -
Imaginatively Public: The English Experience of Art as Heritage Property
<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. -
The Realities of Regional Resource Management: Glacier National Park and Its Neighbors Revisited
<a href='http://scholarship.law.berkeley.edu/facpubs/793' target="_blank">Ecology Law Quarterly</a>
Subjects: Glacier National Park (Mont.); Ecosystem management; Regional planning -
Legal Control of Water Resources
<a href='http://works.bepress.com/joseph_sax/48/' target="_blank">Book, Fourth Edition</a> -
Kelo: A Case Rightly Decided
<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 -
Reflections on Western Water Law
<a href='http://scholarship.law.berkeley.edu/facpubs/820' target="_blank">Ecology Law Quarterly</a>
Subjects: Freshwater ecology; Water supply -- West (U.S.) -
Joseph Sax Wins International Blue Planet Prize for Research on Environmental Law
<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… -
Joseph Sax on the Legacy of the Envrionmental Movement
<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. -
Creative common law strategies for protecting the environment
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. -
Proposals for Public Land Reform: Sorting out the Good, the Bad and the Indifferent
<a href='http://scholarship.law.berkeley.edu/facpubs/172' target="_blank">Hastings West-Northwest Journal of Environmental Law and Policy</a> -
Understanding Transfers: Community Rights and the Privatization of Water
<a href='http://scholarship.law.berkeley.edu/facpubs/171' target="_blank">Hastings West-Northwest Journal of Environmental Law and Policy</a> -
The Unfinished Agenda of Environmental Law
<a href='http://scholarship.law.berkeley.edu/facpubs/170' target="_blank">Hastings West-Northwest Journal of Environmental Law and Policy</a> -
Environmental Law
<a href='http://works.bepress.com/joseph_sax/44' target="_blank">Encyclopedia of Environmental Ethics and Philosophy</a> -
Some Unorthodox Thoughts about Rising Sea Levels, Beach Erosion, and Property Rights
<a href='http://scholarship.law.berkeley.edu/facpubs/94' target="_blank">Vermont Journal of Environmental Law</a> -
The Property Rights Sweepstakes: Has Anyone Held the Winning Ticket
<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. -
The Public Trust Doctrine, in Symposium, Managing Hawai’i’s Public Trust Doctrine
<a href='http://works.bepress.com/joseph_sax/39' target="_blank">University of Hawaii Law Review</a> -
Land Use Regulation: Time to Think about Fairness
<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. -
The Accretion/Avulsion Puzzle: Its Past Revealed, Its Future Proposed
<a href='http://scholarship.law.berkeley.edu/facpubs/527' target="_blank">Tulane Environmental Law Journal</a>
Subjects: Accretion; Real property; Water -- Law & legislation -
Ownership, Property, and Sustainability
<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> -
Daniel Farber and Joseph Sax Recount Berkeley Law's Environmental Legacy
<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.” -
Reserved Public Rights in Water
<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. -
Joseph Sax, Who Pioneered Environmental Law, Dies at 78
<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 -
Professor and Environmental Law Pioneer Joseph Sax Dies at 78
<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. -
Joseph Sax, UC Berkeley professor emeritus and father of environmental law, dies at 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
