Environment, Law, and History

The latest issue of Western Legal History  is dedicated to the topic of "Water", and I plan to post on a number of the pieces in ...

Owen Smitherman has posted "History, Public Rights, and Article III Standing" , forthcoming in the Harvard Journal of Law and Publ...

I haven't posted in the last few weeks, leading my friends at the Legal History Blog to reasonably conclude that my series on Nature ver...

In the last installment in this series we looked at how the English rule on escaping water in Rylands v Fletcher was rejected in British I...

Bhanutpt, Krishna River In the previous post in this series , we looked at how nineteenth-century American courts debated whether the commo...

As I mentioned in a post last week , the first topic covered in my article "Nature Versus the Common Law: Nature as a Norm in the Water...

A little while back I published "Nature Versus the Common Law: Nature as a Norm in the Water Law of the British World" in the Fre...

California's Camp Fire, November 2018 Peter Reich recently posted "What Happened to Hispanic Natural Resources Law in Californi...

This weeks addition to the digital library of historical environmental law is Joshua Toulmin Smith's  The Laws of England Relating to P...

Following up last week's post on Michael Lobban's piece on the British Rivers Pollution Prevention Act, 1876 , the second work to be...

This past summer I noted that I posted a draft of my "Historical Analysis in Environmental Law" (on SSRN and Academia ), forthcom...

Daniel James Carr recently posted "The Historical Development of Animal Welfare Law in Nineteenth Century Scotland" . The abstract...

On Friday we discussed the place of French and American law in Privy Council water decisions , leading up to the seminal 1858 case of  Mine...

Yesterday I discussed why American water law may have been attractive to judges applying French law in Canada. Today we move the focus back...

Yesterday I discussed the extensive use water law judicial decisions in the courts of Lower Canada, with its pre-revolutionary French proper...

Continuing where yesterday's post left off: As the judges of the Privy Council recognized, the law governing the conflict between Mine...

It seems I forgot to mention my own article when I posted it a while back.  "Riparian Rights in Lower Canada and Canada East: Inter-Imp...

The next article from the special issue of Western Legal History  on Southern California water is Peter Reich's own "The All-Americ...

Joe Jones,  Wastelands  (c. 1937) Jill Fraley recently posted "Waste Law" , a critique of Morton Horwitz's influential ac...

I recently came across Maureen Brady's "Defining 'Navigability': Balancing State-Court Flexibility and Private Rights in...