Institutional Repository. University of Miami Law School. Ronald L. Tobia. University of Miami Law Review

Similar documents
PLT s GreenSchools! Correlation to the National Curriculum Standards for Social Studies

The reviewer finds it an unusually congenial task to comment

Natural Resources Journal

United States History and Geography Correlated to the Revised NCSS Thematic Strands

The Role of Modern Arbitration in the Progressive Development of Florida Law

New York State Social Studies High School Standards 1

The Politics of Conservation, by Frank E. Smith

Legislation Defining Louisiana's Coastal Boundaries

Oakwood City School District: Fourth Grade Social Studies. Fourth Grade Social Studies

Civil Law Property - Alluvion - Distinguishing Lakes Form Rivers and Streams

INSPIRED STANDARDS MATCH: LOUISIANA

Comparative Law: Western European and Latin American Legal Systems -- Cases and Materials. John Henry Merryman and David S. Clark

APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN COMPACT

Lynn Ilon Seoul National University

The Public Trust Doctrine and Lakes Wisconsin Lakes Partnership Conference (April 6, 2017)

World Trade and the Law of GATT, by John H. Jackson

Book Review of The Road From Runnymeade: Magna Carta and Constitutionalism in America

Thematic maps Locate India s neighbors in the map and learns the essential facts of these countries

Subject : Social Science Grade : IX Year : Year Planner Text book used: NCERT

Idaho Content Standards for Social Studies. Grade 5

WORKER'S COMPENSATION LAW AND PRACTICE Second Edition. By Wex S. Malone and H. Alston Johnson, III. West Publishing Co Pp. xvi and 654.

Louisiana Law Review. David Lehman. Volume 20 Number 3 April Repository Citation

POLITICAL SCIENCE 566 POLITICAL INTEREST GROUPS Spring 2009 Andrew McFarland

Resign to Run: A Qualification for State Office or a New Theory of Abandonment?

CONSOLIDATED VERSION

Oath of Admission to The Florida Bar, The Florida Bar Creed of Professionalism, The Florida Bar

Social Studies Lesson Plan- SS.4.C.2.1 Discuss public issues in Florida that impact the daily lives of its citizens

Consolidation of State and Federal Wetland Permitting Programs Implementation of House Bill 759 (Chapter , Laws of Florida) Florida

(Review) Globalizing Roman Culture: Unity, Diversity and Empire

IN THE SUPREME COURT OF FLORIDA

SECTION 9. FEEDLOT REGULATIONS

Conservation Authorities Act Loi sur les offices de protection de la nature

International Law Association The Helsinki Rules on the Uses of the Waters of International Rivers Helsinki, August 1966

Grade 8 Social Studies - Geography Standard Describe location of human populations and cultural characteristics of.

Cases and Materials on New York Pleading and Practice (2nd Ed.)(Book Review)

Political Science. Political Science-1. Faculty: Ball, Chair; Fair, Koch, Lowi, Potter, Sullivan

Cases and Materials on Remedies

YEAR 7 HUMANITIES & SOCIAL SCIENCES EXAMINATION SEMESTER QUESTION AND ANSWER BOOKLET

Detailed program structure and contents for the M.A. Political Science

Review of Law and Social Process in United States History, By James Willard Hurst

WORLD PEACE THROUGH WORLD LAW, by G. Clark and L. B. Sohn. Harvard University Press, Cambridge, $7.50.

Judicial Legislation, by Fred V. Cahill

SOUTHERN POLITICS IN STATE AND NATION. By V. O. Key, Jr. with Alexander Heard. New York: Alfred A. Knopf

Book Review of Civil Justice and the Jury

Federal Civil Practice

TOWN OF HOLLIS, NEW HAMPSHIRE EXCAVATION, REMOVAL OR MOVEMENT OF EARTH REGULATIONS

Standards of Professional Courtesy and Civility for South Florida

To Pass, or not to Pass The Equal Rights Amendment Dilemma

Wisconsin Model Academic Standards for Social Studies Grades K -6

Public Land and Resources Law Review

LANGUAGE IN INDIA Strength for Today and Bright Hope for Tomorrow Volume 11 : 11 November 2011 ISSN

The President, Office and Powers , History and Analysis of Practice and Opinion by Edward S. Corwin

Commercial Soil Erosion Permit Application

The Mason Papers Leslie Zines. All rights reserved.

Burges Salmon. The Legal 500 & The In-House Lawyer. Legal Briefing Projects, energy and natural resources. The Legal 500

AN OVERVIEW OF THE WISCONSIN SUPREME COURT'S LAKE BEULAH DECISION

POLITICAL SCIENCE 566 POLITICAL INTEREST GROUPS FALL 2011 Andrew McFarland

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA

Planning for Immigration

HANDBOOK ON COHESION POLICY IN THE EUROPEAN UNION

Louisiana Law Review. Ben R. Miller. Volume 13 Number 1 November Repository Citation

Book Review: Government Discrimination: Equal Protection Law and Litigation

Prescription of Movables - Meaning of "Stolen" in Articles 3506 and 3507, Louisiana Civil Code of 1870

Labor Grievance Arbitration in the United States

INTERNATIONAL ECONOMICS, FINANCE AND TRADE Vol. II - Property Rights and the Environment - Lata Gangadharan, Pushkar Maitra

Book Review: Collective Bargaining Law in Canada, by A. W. R. Carrothers

22. POLITICAL SCIENCE (Code No. 028)

22. POLITICAL SCIENCE (Code No. 028) ( )

302 CMR: DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

A TREATISE ON INTERNATIONAL CRIMINAL LAW. 2 Vols. Edited by M.

REPORT IN THE MATTER OF AN INDUSTRIAL INQUIRY COMMISSION PURSUANT TO SECTION 37 OF THE LABOUR RELATIONS ACT, and

Social Studies Standard Articulated by Grade Level

2014 SASKATCHEWAN EMPLOYMENT 2014 CHAPTER 27. An Act to amend The Saskatchewan Employment Act and to repeal The Public Service Essential Services Act

Pepperdine Law Review

Exploration of the functions of Health Impact Assessment in real world-policy making

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D

i-publisher i-publisher is an e-journal Management solution.

The present volume is an accomplished theoretical inquiry. Book Review. Journal of. Economics SUMMER Carmen Elena Dorobăț VOL. 20 N O.

Advanced Placement United States History

BOOK REVIEW. The Law of International Waterways. by R. R. Baxter. Harvard University Press, 1964, pp. vii, 371

DRAFT WATER BILL 2012 TABLE OF CONTENTS PART I PRELIMINARY 1 PART II OWNERSHIP, USE AND MANAGEMENT OF WATER RESOURCES 3

Download Global Environmental Politics: From Person To Planet Epub

European Journal of Legal Studies

TOF WHITE PAPER - SECTION re EXTENDED CONTINENTAL SHELF

Radio and Davis Parcel Informal Wetland Determination Environmental Resource Permit Application No Permit No IF Collier County

SAMPLE CHAPTERS UNESCO EOLSS POWER AND THE STATE. John Scott Department of Sociology, University of Plymouth, UK

ENGLISH LANGUAGE ARTS IV Correlation to Common Core READING STANDARDS FOR LITERATURE KEY IDEAS AND DETAILS Student Text Practice Book

The Kelvingrove Review Issue 2

Managing Texas Groundwater Resources Through Groundwater Conservation Districts

Global Ethics: An Introduction Written by Kimberly Hutchings Cambridge: Polity, 2010 (ISBN: ) 244pp.

LEGISLATIVE COUNSELʹS DIGEST

Follow this and additional works at: Part of the Library and Information Science Commons

Management prerogatives, plant closings, and the NLRA: A response

Workmen's Compensation Benefits Recoverable on the Existence of a Quasi Contract

OHIO DEPARTMENT OF NATURAL RESOURCES RULE MAKING GUIDE

Title 12: CONSERVATION

Revisiting Pollution and Property Rights: A Christian Libertarian Perspective

POLITICAL SCIENCE 102: INTRODUCTION TO AMERICAN POLITICS North Seattle Community College Fall Quarter 2007 Monday and Wednesday: 6:00-8:30 p.m.

Emerging Patterns for Regulation of Consumptive Use of Water in the Eastern United States

GRADE 4: Indiana in the Nation and the World

Transcription:

University of Miami Law School Institutional Repository University of Miami Law Review 7-1-1969 WATER LAW AND ADMINISTRATION-THE FLORIDA EXPERIENCE. By Frank E. Maloney, Sheldon J. Plager, and Fletcher N. Baldwin, Jr. Gainesville, Florida: University of Florida Press Ronald L. Tobia Follow this and additional works at: http://repository.law.miami.edu/umlr Recommended Citation Ronald L. Tobia, WATER LAW AND ADMINISTRATION-THE FLORIDA EXPERIENCE. By Frank E. Maloney, Sheldon J. Plager, and Fletcher N. Baldwin, Jr. Gainesville, Florida: University of Florida Press, 23 U. Miami L. Rev. 854 (1969) Available at: http://repository.law.miami.edu/umlr/vol23/iss4/12 This Book Review is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized administrator of Institutional Repository. For more information, please contact library@law.miami.edu.

WATER LAW AND ADMINISTRATION-THE FLORIDA EXPERIENCE. By Frank E. Maloney, Sheldon J. Plager, and Fletcher N. Baldwin, Jr. Gainesville, Flordia: University of Flordia Press. 1968. Pp. xx, 488 ($25.00). This is a comprehensive exposition not only of Flordia water law but also of Florida water resources, water problems, and the legal and administrative machinery employed for solutions. The approach is somewhat different from the usual law text in that it is not per se a concise elucidation of legal principles; rather, it is a study, analysis and portrayal of water itself. Water is the focus of attention, the enigma posing problems, and the subject for analysis and scrutiny. The book is important not only from a legal, but also from historical, political, and sociological viewpoints; it traces the concern with water problems in Florida as it changed from that of drainage to those of conservation, pollution and flood control. It shows the necessity of area, as distinguished from local, control, by pointing out that what happens in Lake Okeechobee affects the Everglades and all of South Florida. It demonstrates the cooperation of state and federal governments in water-control activities in Florida. Considerable geological, water, and soil engineering data is included in the book. A separate chapter is devoted!to the role of the federal government in the development and regulation of Florida's water resources, and there is a detailed exposition of the functions and activities of the many water management districts in Florida. From the lawyer's viewpoint, there is a delineation of familiar legal principles concerning water use and land boundaries abutting water. The rules, however, are discussed and appraised from both an historical and a functional viewpoint so that added insight into the reasonableness and applicability of the rules is achieved. Furthermore, the situations giving rise to the acquisition of water rights are explored. For example, not only are riparian rights discussed but also the situations giving rise to the acquisition of such rights. At a -time when -the purchase and filling of submerged land is sought with increasing frequency, lawyers may find the extensive treatment of wharfing and filling and the historical exposition of the various state bulkhead laws to be of particular interest. Similarly, the exposition of "the strange history" of the Riparian Rights Act of 1953, Fla. Stat. 271.09 (2) [p. 441, may prove not only interesting but also significant in particular cases. Added insight may also be acquired into accretion, reliction and related boundary problems, such as the location of the

water mark on land bordering water bodies and the ascertainment of whether the physical description does, in fact, extend to the water mark. The first chapter, uninspiringly entitled "Introduction," is an exposition of important facts and figures about water in general and water in Florida in particular. There is an explanation of the hydrological cycle, complete with illustrations, convincingly demonstrating that water is, in reality, the same substance whether it be in the form of vapor in the atmosphere, falling precipitation, flowing rivers, or percolating liquid beneath the earth's surface. Furthermore, it is pointed out that the water is constantly moving from one form to another in an endless cycle, aiding or harassing mankind, as the particular case may be. Thus, the writers demonstrate the unrealistic approach of the common law in separate classification and treatment of percolating waters, flowing streams, and diffused surface waters. This unusual legal text is aided by charts, graphs, maps, and even pictures. Unfortunately, a glossary of terms is lacking and would certainly be helpful since there are many references to technical terms not familiar to all readers. The book is a culmination of work which began shortly after the establishment of the Florida Water Resources Study Commission by the Florida Legislature in 1955, a brief review of which work is contained in the Preface. Some of the material, in substance if not in form, previously appeared in articles in the University of Florida Law Review. The complete book is a valuable contribution to the available literature and knowledge on water problems. The extensive material on Florida administrative agencies, and the activity of the federal government, particularly that of the Corps of Engineers, is especially valuable. Dean Maloney and Professors Plager and Baldwin are to be congratulated on producing a unique book which should be most influential in the future activities and attitudes towards the development and implementation of rational water policies. RALPH E. BOYER PROFESSOR OF LAW LABOR AND THE LEGAL PROCESS. By Harry H. Wellington. Yale University Press, 1968. Pp. xi, 409. $10.00. Harry H. Wellington, a specialist in labor law at the Yale Law School, has approached labor-management relations law in a unique manner. Even though he makes no pretense of discussing the entire discipline in depth, the author effectively addresses himself to the practical problems which labor policy-makers must face. The introductory remarks present a basic premise: our contemporary problems are the same problems initially forseen by the early nineteenth century judges. Conse-

UNIVERSITY OF MIAMI LAW REVIEW [VoL. XXIII quently, the study commences at the very beginning of American labor law in order to better explain these problems and to develop a legal theory of collective bargaining. The preface to the book outlines the author's analysis, which consists of an examination of national policy toward labor together with an exploration of the role of law and of legal institutions in the development and effectuation of that policy. An inquiry is made into both the limitations of law and legal institutions and the utility or disutility of employing law to attain social goals. Throughout the work, the author searches for theories in order to explain the relationship between the legal process and political, economic and social forces-forces which not only elevated collective bargaining to its present position at the center of national labor policy, but also created the problems which surround it. This well written book examines in detail the five major problems created by collective bargaining and the proper role of law in their solution. Two problems-major strikes and the inflationary effects of bargaining settlements-threaten the survival of existing labor-management institutions, according to the author. The other three problems discussed are union participation and management prerogatives in the negotiation and administration of the collective agreement, the individual in the collective structure, and unions in the political process. This cohesive study not only goes to the heart of the major issues of national labor policy, but also suggests viable solutions which focus upon as much "private ordering" or free collective bargaining as possible. The suggestion is that reform must only come from within the system. The book is divided into five parts according to its major topics. The first topic discussed is the origin and structure of national labor policy. The author examines the ramifications of modern problems of ancient lineage and inquires into the utility of law and of legal institutions' attempts to solve the issues presented. The second major division considers management rights and union participation in negotiation and administration of collective bargaining agreements. Professor Wellington feels that there is a need for reform in this area and suggests that judicial enforcement of collective bargaining agreements should be concerned less with effectuating the statutory goal of industrial peace than with preserving the ideal of freedom of contract. The book then proceeds to examine the place of the individual employee in the collective bargaining structure. The author successfully portrays the tensions which exist today between the dissenter and the majority, and concludes that accommodation is most difficult in labormanagement relations. The principal claim made is that the government has an inescapable obligation to protect the individual worker, through law, from unfair bargaining decisions. The next topic considered is the political power of organized labor. The argument is made that the political activities of unions are no threat

to our democratic system. The fact that supports this thesis is the inability of organized labor to deliver its members as a voting bloc. The last part of the book discusses major work stoppages. The central concern of the author is to search for the appropriate response of the legal process to strikes and inflation, which proceeds from his assumption that it is highly desirable to preserve as much of the present system as is possible. In these pages Professor Wellington relates one of his most profound beliefs: that the commitment to the concept of "private ordering" in collective bargaining must never be sacrificed. The author feels that it should be the aim of policy-makers in labormanagement relations to solve a perceived problem with as little disruption to existing institutions as possible. Specific proposals and suggestions are spelled out in the final pages to solve problems within the existing legal framework. The answers given by Professor Wellington are grounded upon his basic belief, reflected throughout his book, that collective bargaining remains the best method of ordering labor-management relations and unions to serve American democracy. It is the reviewer's opinion that this work is a fresh approach to a complicated area of law. Its value can be measured not only in practical terms but also in its intellectual contributions to labor law. This scholarly study will take its place on the shelf next to some of the truly great books in labor-management relations law. RONALD L. TOBIA