5 research outputs found

    Solutions for Uneasy Neighbors: Regulating the Reservation Environment after Brendale v. Confederated Tribes & Bands of Yakima Indian Nation, 109 S. Ct. 2994 (1989)

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    The United States Supreme Court\u27s decision in Brendale v. Confederated Tribes & Bands of Yakima Indian Nation undermines comprehensive land use planning in some parts of Indian reservations and contributes to an environment of legal uncertainty on reservations. The loss of effective land use planning on Indian reservations will have an adverse impact on the interests of both tribal members and non-members. Extension of Brendale to other forms of environmental regulation would have an even more detrimental impact on the responsible development of reservations. This Note exposes the infeasibility of Brendale and suggests a cooperative approach for resolving jurisdictional conflicts on Indian reservations

    The Public Trust Doctrine and Coastal Zone Management in Washington State

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    The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine\u27s principles have found their way into several of Washington\u27s regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state\u27s police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of this dynamic common law doctrine

    The Public Trust Doctrine and Coastal Zone Management in Washington State

    Get PDF
    The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine\u27s principles have found their way into several of Washington\u27s regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state\u27s police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential future developments of this dynamic common law doctrine

    Balancing Cooperation and Competition: A New in Era in U.S.-China Relations

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    Created as part of the 2016 Jackson School for International Studies SIS 495: Task Force.The dyadic pairing of the United States and China has emerged as the most important bilateral relationship of the twenty-first century. While the U.S. continues to dominate the post-Cold War world order as sole superpower, it is increasingly challenged by the burdens of global leadership. Chief among these challengers is China, whose increasing economic importance and rising political and military power on the world stage has created opportunities for both confrontation and cooperation. Whether the two countries will ultimately work together to promote international peace and economic development, or whether their relationship will devolve into acrimony as their respective national objectives increasingly collide, remains to be seen. Recent history has indicated that a positive bilateral relationship between the U.S. and China based on mutual respect and recognition of benefits is possible. Over the past decades the U.S. and China have developed ever-closer trade and investment ties as China has embraced free-market economic behavior, leading to profound economic interdependence between the two nations. In an increasingly globalized world, China’s integration into multilateral systems of financial governance such as the World Trade Organization (WTO) have demonstrated China’s willingness to conform to international norms and standards. In the security sphere, China’s evolving policy towards North Korea and nuclear proliferation have made positive strides despite recent setbacks. Despite the victory of the Democratic Progressive Party (DPP) in Taiwan’s January 2016 elections, both the U.S. and China have taken a pragmatic approach to maintaining current political and diplomatic arrangements. Bilateral cooperation on environmental policy, highlighted by a series of agreements culminating in last year’s 21st Conference of the Parties (COP21) Paris Agreement, is another collaborative opportunity for both countries, as is increasing cooperation in emergent policy fields such as intellectual property (IP) and cybersecurity
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