Wetlands

Date:         Tue, 20 Jul 1993 20:33:03 -0600                                   
Reply-To:     H-Rural Rural & Agricultural History discussion                   
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              <H-RURAL@UICVM.BITNET>                                            
Sender:       H-Rural Rural & Agricultural History discussion                   
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              <H-RURAL@UICVM.BITNET>                                            
From:         "Jim Oberly, History Dept.,                                       
              U of Wisc-Eau Claire" <JOBERLY@CNSVAX.UWEC.EDU>                   
Subject:      Chicago Wetlands research                                         

Crossposted to H-Rural FROM: IN%"HISLAW-L@ULKYVM.BITNET" "History of Law (Feudal, Common, Canon)" 20-JUL-1993 13:21:38.81



My dissertation discusses the treatment of Chicago's wetlands in law. It crosses over between environmental and legal history, in an attempt to follow the leads of Theodore Steinberg / Nature Incorporated (Cambridge 1991) and Arthur McEvoy / The Fishermans' Problem (Cambridge 1986).

I will test for Horwitz's subsidy thesis in the weakening of common law protections to private property owners to favor emergent entrepreneurial industrial uses of property. I will also test for Louise Halper's and Christine Rosen's hypotheses that courts' increasing use of the "balancing doctrine" facilitated their favoring emergent over longstanding industrial uses of property. With luck I'll be mucking about in both archives and marshes (with hipwaders) for the next couple years!

Betsy Braun University of Chicago, History Dept, 3d year grad 5326 Harper, Chicago IL 60615 312/684-1955 etb2@kimbark.uchicago.edu

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Posted: 8 Jul 1994

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