Erskine Wood Sr. Professor of Law

 

Books

GOVERNMENT LIABILITY AND DISASTER MITIGATION: A COMPARATIVE STUDY (University Press 1986).

Articles

Comprehensive River Basin Management: The Limits of Collaborative, Stakeholder-Based, Water Governance, Natural Resources Journal (forthcoming).

The Federal Role in Water Resource Management, 17 New York University Environmental Law Journal 669 (2008).

Speaking of Inconvenient Truths -- A History of the Public Trust Doctrine, 18 Duke Environmental Law & Policy Journal 1 (2008).

Beware of Greens in Praise of the Common Law, 58 Case Western Reserve Law Review 813 (2008).

Background Principles and the Rule of Law: Fifteen Years after Lucas, 35 Ecology Quarterly Law Review 101 (2008).

From Legal History to Legal Theory: Or Is It the Other Way Around, 40 Tulsa Law Review 579 (2005).

American Legal Education: Past, Present and Future, 12 Hakkuoh Review of Law and Politics 298 (2005).

A Dialogue on Private Property, 4 The Green Bag 403 (2004).

Environmental Perspectives: Moving Toward a Market-Oriented Middle Ground, 28 Harvard Journal of Law & Public Policy 61 (2004).

Water Marketing in Western Prior Appropriation States: A Model for the East, 21 Georgia State University Law Review 429 (2004).

Making Environmental Regulation More Adaptive Through Decentralizationi: The Case for Subsidiarity, 52 Kansas Law Review 1377 (2004).

Limited Prospects for Privatization of Public Lands: Presidio and Valles Caldera May Be as Good as It Gets, 44 Natural Resources Journal 475 (2004).

Politics and Judicial Independence: A Proposal for Reform of Judicial Selection in Oregon, 39 Willamette Law Review 1425 (2003).

Either You’re With Us or Against Us: No Room for the Skeptical Environmentalist, 53 Case Western Law Reserve Law Review 391 (2002).

American Legal History According to Horwitz: The Rule of Law Yields to Power, 37 Tulsa Law Review 953 (2002).

Marketing Biodiversity, 38 Idaho Law Review 421 (2002).

The Impact of Land Use Regulations on Small and Emerging Businesses, 5 The Journal of Small and Emerging Business Law 49 (2001) (with Elizabeth Howard).

Retroactivity, the Rule of Law, and the Constitution, 51 Alabama Law Review 1095 (2000).

The Impact of Regulation on Small and Emerging Businesses, 4 The Journal of Small and Emerging Business Law 307 (2000).

The Past and Future of Environmental Law, 30 Environmental Law 23 (2000).

The Public Interest in Private Property Rights, 50 Oklahoma Law Review 377 (1997); reprinted in 35 The Public Land and Resources Law Digest 339 (1998).

Managing America's Public Lands: Proposals for the Future - Introductory Remarks, 18 Public Land and Resources Law Review 143 (1997).

Judge Plager's "Sea Change" in Regulatory Takings Law, 6 Fordham Environmental Law Review 597 (1995).

Managing the Northern Forests: Lessons From the West, 19 Vermont Law Review 477 (1995).

Dolan v. City of Tigard: Another Step in the Right Direction, 25 Environmental Law 143 (1995).

Round Table Discussion: Science, Environment, and the Law, 21 Ecology Law Quarterly 351 (1994).

The Inevitability of Private Rights in Public Lands, 65 University of Colorado Law Review 241 (1994).

Markets, Regulation, and Environmental Protection, 55 Montana Law Review 425 (1994).

Do Species and Nature Have Rights?, 13 Public Land Law Review 51 (1992).

An Exploratory Essay on Native Americans and Environmentalism, 63 University of Colorado Law Review 901 (1992).

Protecting the Environment from Orthodox Environmentalism, 15 Harvard Journal of Law & Public Policy 349 (1991).

Advisory Opinions and Canadian Constitutional Development: The Supreme Court's Reference Jurisdiction, 74 Minnesota Law Review 1251 (1990) (with Mardilyn Saathoff).

Public Lands Management in an Age of Deregulation and Privatization, 10 Public Lands Law Review 29 (1989).

A Fish Out of Water: The Public Trust Doctrine in a Constitutional Democracy, 19 Environmental Law 527 (1989) and in Issues in Legal Scholarship, Joseph Sax and the Public Trust (2003). (http://www.bepress. com/ils/iss4/art6)

Law, Comparative Legal Study, and Disaster Taxonomy, 7 International Journal of Mass Emergencies & Disasters #3 (1989).

Phillips Petroleum v. Mississippi: A Hidden Victory for Private Property, 19 Environmental Law Reporter 10051 (1989).

Avoiding the Takings Clause Through the Myth of Public Rights: The Public Trust and Reserved Rights Doctrines at Work, 3 Journal of Land Use & Environmental Law 171 (1987).

Chicken Law in an Eggshell: A Dissenting Note, 16 Environmental Law 761 (1986).

Trusting the Public Interest to Judges: A Comment on the Public Trust Writings of Professors Sax, Wilkinson, Dunning and Johnson, 63 Denver University Law Review 565 (1986).

Justificacion Legal: La Importancia de la Distincion de Hart Entre Descripcion y Prescripcion, in El Concepto de Derecho de H.L.A. Hart (special edition of Revista de Ciencias Sociales, Universidad de Valparaiso, Chile) (1987).

From Legal History to Legal Theory: A Comment on the Work of Lawrence Friedman, 63 University of Oregon Law Review 671 (1984).

The Commerce Clause and State-Owned Resources: South-Central Timber v. LeReche, Western Natural Resource Litigation Digest 36 (Winter, 1984).

Government Liability and Natural Hazard Mitigation in Japan, The Soviet Union, China, New Zealand and The United States, #1 The International Journal of Mass Emergencies and Disasters 379 (1983).

Governing America's Resources: Federalism in the 1980's, Vol. 12, Environmental Law 863 (1982).

Allocative Impacts of Mineral Severance: Implications for the Regulation of Surface Mining, 22 Natural Resources Journal 201 (1982).

Government Liability for the External Costs of Earthquake Prediction (presented at UNESCO Conference, Paris, April, 1979) (reprinted in Recent Developments in World Seismology, Peking, 1982).

Wilderness and Individual Liberty, 16 Idaho Law Review 407 (1980).

Agriculture and the Columbia River: A Legal and Policy Perspective, 10 Environmental Law 281 (1980).

Toward a Theory of Land Use Planning: Lessons from Oregon (with Reuben C. Plantico), 14 Land and Water Law Review 1 (1979).

A History of Forest Policy in the United States, 8 Environmental Law 239 (1978).

Individual Liberty and Environmental Regulation: Can We Protect People While Preserving the Environment?, 7 Environmental Law 431 (1977).

Allocative and Energetic Implications of Land Use Planning, 5 Environmental Law 477 (1975).

Energy: The Limit to Growth, 5 Environmental Law 1 (1974).

Is the Law Graduate Prepared To Do Research?, 26 Journal of Legal Education 520 (1974).

Chapters

"Protection of Species through the Protection of Water Rights," in J. Adler (ed.), Rebuilding the Ark: New Perspectives on ESA Reform (forthcoming 2010).

"The Evolving Public Trust Doctrine: An Obstable to Water Marketing, in R. Simmons and D. Gardner (eds.), Water Marketing (forthcoming 2010).

"A Mad Scramble for Infrastructure Dollars," in T. Anderson and R. Sousa (eds.), Reacting to the Spending Spree: Policy Changes We Can Afford (2009).

"Indian Property Rights and American Federalism,” (with Miller, Robert) in T. Anderson, B. Benson and T. Flanagan (eds.), Self-Determination: The Other Path for Native Americans (2006).

“Science and Values in Species Protection,” in J. Baden and P. Geddes (eds.), Saving a Place: Endangered Species in the 21st Century (2000).

"Free Market Environmentalism and Fairness," in Environmental Justice and Market Mechanisms: Key Challenges for Environmental Law and Policy (1999).

"Institutional Constraints on Transboundary Water-Marketing," in T. Anderson and P.J. Hill (eds.), Water Marketing - The Next Generation (1997).

"Comments on Earth in the Balance," in J. Baden Environmental Gore (1994).

"In the Interests of Wildlife: Overcoming the Tradition of Public Rights," in T. Anderson and P.J. Hill (eds) Wildlife in the Marketplace (1995).

"A Brief History of North American Water Diplomacy," in T. Anderson (ed.) North American Transboundary Water Marketing (1994).

"A North American Water Marketing Federation," in T. Anderson (ed.) North American Transboundary Water Marketing (1994).

"NAFTA and Water: Dare We Talk About Water Markets?" in A.R. Riggs and Tom Velk (eds.) Beyond NAFTA: An Economic, Political and Sociological Perspective at 97 (1993).

"A Federal System for North American Water Marketing," in J.E. Windsor (ed.) Water Export: Should Canada's Water Be For Sale? (1992).

"Liberalism and Community in Feminist Legal Theory," in N. Reynolds, C. Murphy and R. Moffat (eds.), Liberalism and Community (forthcoming).

"Federalism: A Regional Approach to Global Environmental Problems," in S.K. Majumdar et al (eds) Global Climate Change: Implications, Challenges & Mitigation Measures (1992).

"The Impact of Government Liability on Private Risk Avoidance," in R. Meiners and B. Yandle (eds.), The Economic Consequences of Liability Rules: In Defense of Common Law Liability (1991).

"The Impact of Law on Public and Private Responses to Seismic Risk," in Genie Parasismique et Aspects Vibratoires Dans le Genie Civil (1989).

"Government Liability and Disaster Mitigation," in W. Hays (ed.), Workshop on "Evaluation of Earthquake Hazards and Risk in the Puget Sound and Portland Areas" (1988).

"The Public Trust Doctrine: Judicial Evasion of Constitutional and Prudential Limits on the Police Power," in T. Anderson (ed.) Western Resources in Transition: The Public Trust Doctrine and Property Rights (1987).

"Allocating Water to Instream Uses: Private Alternatives," in America Society of Agricultural Engineers, Water Resources Law (1986).

"Government Tort Liability for Mount St. Helens Fury," in S. Keller (ed.), Mount St. Helens: Five Years Later (1987).

"Environmental Management of Natural Resources in the United States" (with George Coggins), in Natural Resources Management in a Federal State, Canadian Institute of Resources Law (1985).

"Public and Private Allocation of Urban Forest Resources," in G.A. Bradley (ed.), Land Use and Forest Resources in a Changing Environment (1984).

"Policy Implications of Legal Liability for Government Involvement in Earthquake Engineering," in 7 Proceedings of the Eighth World Conference on Earthquake Engineering 909 (1984).

"Naturaleza de la Teoria Legal," 2 Communicaciones 203 (Primer Congreso Internacional de Filosofia del Derecho), Instituto de Cultura Juridica, Universidad Nacional de La Plata, La Plata, Argentina (1982).

"Instream Water Use: Public and Private Alternatives," in T. Anderson (ed.) Water Resources: Bureaucracy, Property Rights, and the Environment, Ballinger Press (1982).

"Water and Public Control," New Directions in Water Policy, Water Resources Research Institute, Oregon State University (1980).

"Allocating Water to In-Stream Uses: A Legal Perspective," 59 EOS - Transactions American Geophysical Union (March, 1978).

Research Reports

LCDC's New Rules for Farm and Forest Land: A Summary & Critique for Oregon Public Policy Institute (1993)

Water Rights Transfers: A Legal, Economic and Informational Analysis of Water in Oregon (with R.G. Kraynick, et al.) Water Resources Research Institute, Oregon State University (1983)

The Allocation of Water to Instream Flows: Montana Water Resources Management, Natural Resources Law Institute, Portland (1980)

The Allocation of Water to Instream Flows: Colorado Water Resources Management (with Marvin Berry), Natural Resources Law Institute, Portland (1980)

The Allocation of Water to Instream Flows: A Comparative Study of Policy Making and Technical Information in the States of Colorado, Idaho, Montana, and Washington (with several others), Natural Resources Law Institute, Portland (1980)

Federal Tort Liability for Natural Disaster Warning Systems (with Steven Rosen) Lewis and Clark Law School, Portland (1977)

The Lake Izabal Area of Guatemala: Communications, Social Change, and Agricultural Development (with William R. Lassey, et al., Center for Planning and Development, Montana State University (1969)

Commentaries

“The Perfect Storm,” Brainstorm NW, (April, 2007)

“Measure 37: The Billion-Dollar Gift Never Given,” The Oregonian (March 26, 2007).

“A Different Context: Using Clients to Impugn Lawyers," The National Law Journal (March 19, 2007).

“Suspending the Law,” The Oregonian (January 18, 2007).

“Implementing Measure 37,” The Oregonian (April 19, 2006).

“Transferability is Key to Property Rights,” The Oregonian (April 19, 2006).

“Compensation on Property Use isn’t a Windfall,” The Oregonian (October 23, 2005).

“Consent or Not,” The Washington Times (May 19, 2003).

“Politics Already Part of Judicial Selection,” The Oregonian (May 12, 2002).

"Concluding Remarks," American Judicature Society Symposium: Selecting Federal Judges; The Role of the Executive and Legislative Branches, 86 Judicature 34 (2002).

"Court Ruling was Correct," The National Law Journal (August 6, 2001) A25.

"Interior Needs a Free Market Approach," Los Angeles Times (January 23, 2001) B9.

"Justices Boost Federalism Again," The National Law Journal (January 22, 2001) A17.

"Law Defines Role for Florida Legislature," The Washington Times (December 1, 2000).

"Courts Won’t Have the Real Last Word on Election," The Oregonian (December 1, 2000).

"Legal Academics are Ducking the Clinton Issue," The National Law Journal (January 25, 1999) A26.

"Lopez Pops Feds' Ballooning Powers,” The National Law Journal A21.

"Supreme Court Actions Misinterpreted," The Oregonian (May 5, 1995) C7.

"Dolan v. City of Tigard: Another Step in the Restoration of the Takings Clause," 5 NRLI News 7 (1994).

"Without Just Compensation, It is Just a Taking," 16 The National Law Journal (May 30, 1994) A19.

"The Right Direction," (comment on Lucas v. South Carolina Coastal Commission) 4 NRLI News 3 (1993).

"Salmon Issue Will Spawn Many Economic Effects," Puget Sound Business Journal (December 4-10, 1992, p.7).

"Truth and Values in Environmental Policy," 1 NRLI News 10 (#2) (1990).

"Can Farmers and Hunters Coexist: Fee Hunting and Other Alternatives," 6Ag. Law Updates #1, p.4 (1988).

"The Public Trust Doctrine: Trampling on Property Rights While Harming the Environment," PERC Viewpoints No. 5 (1988).

"The Courts and National Forest Management," 2 Tomorrow’s Forests 12 (#3) (1987).

"Disaster Mitigation and Government Liability," 9 Natural Hazards Observer 1 (May, 1985).

"The Role of Courts in the Implementation and Administration of Environmental Legislation," 3 The Advocate (No.2) 9 (1984).

"A Distant Perspective on American Law," 2 The Advocate (No. 2) 4 (1983).

"Statewide Land Use Planning: A Process in Search of a Purpose," InSite #57, page 4 (1979).

Book Reviews

Like the Supreme Court, Posner Is Right for the Wrong Reasons, 2002 Law, Probability and Risk 67 (2002).

Justice Breyer's Case for Centralized Executive Government, 1995 The Public Interest Law Review 167 (1995).

Civilization in the Balance: Comments on Senator Al Gore's Earth in the Balance, 23 Environmental Law 233 (1993).

Review of "Theoretical Perspectives on Sexual Difference", 38 The American Journal of Jurisprudence 411 (1993).

Truth, Purpose and Public Policy: Science and Democracy in the Search for Safety, 21 Environmental Law 1091 (1991).

A Coherent Takings Theory At Last: Comments on Richard Epstein's "Takings: Private Property and the Power of Eminent Domain", 17 Environmental Law 153 (1986).

Review of "Regulation of Flood Hazard Areas to Reduce Flood Losses," Volume 3, 2 International Journal of Mass Emergencies and Disasters 439 (1984).

Pollution and Policy: A Case Essay on California and Federal Experience with Motor Vehicles Air Pollution, 1940-1975, 9 Environmental Law 441 (1979).

Public Trusts: Gaining Access to the Courts, 8 Environmental Law 217 (1978).

The Last Stand, 5 Environmental Law 365 (1975).

Trees As a Minority, 5 Environmental Law 199 (1974).