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Federalism, Preemption, and the Nationalization of American Wildlife Management

The Dynamic Balance Between State and Federal Authority

Federalism, Preemption, and the Nationalization of American Wildlife Management cover

Federalism, Preemption, and the Nationalization of American Wildlife Management

The Dynamic Balance Between State and Federal Authority

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Description

Environmental law expert Lowell E. Baier reveals how over centuries the federal government preempted the states’ authority over managing their resident wildlife. He shows the precedents that led to the current state of wildlife management, and how to foster a constructive environment at all levels of government to improve wildlife and biodiversity.

Table of Contents

List of Illustrations xi
Guide to Acronyms, Constitutional Provisions, and Terms xiii
Foreword xvii
Preface xxi
1 From the Mayflower Compact to the US Constitution, 1620–1789 1
2 Defining the New Government and the Separation of Powers, 1789–1835 10
3 Westward Expansion, the First Industrial Revolution, Dual Sovereignty, and the Public Trust Doctrine, 1835–1861 16
4 The Civil War, Reconstruction, the Advent of the Second Industrial Revolution, the Enduring Public Trust Doctrine, and State Ownership of Wildlife, 1861–1896 24
5 America's Changing Culture: Market Hunting, the Lacey Act, the Migratory Bird Treaty Act, and the Beginning of the Progressive Era, 1896–1910 32
6 The Ethos of the Industrial Revolution Drives the Progressive Movement into America's Social Fabric and Laws, 1910–1919 42
7 Prohibition and Reform: The Emergence of the Administrative State, 1919–1933 55
8 The Great Depression, FDR's New Deal, and a “New” Supreme Court Overwhelms States' Rights, 1933–1941 65
9 The Competi

Product details

Published 19 Mar 2024
Format Paperback
Edition 1st
Extent 342
ISBN 9781538196496
Imprint Rowman & Littlefield Publishers
Illustrations 7 b/w illustrations; 7 b/w photos; 2 graphs;
Dimensions 231 x 150 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Lowell E. Baier

Lowell E. Baier is an attorney and a legal and env…

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Bloomsbury Collections

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