MICHAEL CAIN
Michael Cain is an attorney for the Wisconsin Department of Natural Resources (WDNR) and he came to talk to us about the evolution of the public trust doctrine in Wisconsin dealing with navigable water and current development issues related to the public trust. The doctrine states that a sizable body of common law has developed which holds that all navigable waters are held in trust by the state for the public and through the DNR Department of Justice and District Attorneys they have an affirmative duty to protect these public trust waters. With the increase in recreational and developmental pressures the amount of aquatic resources diminishes increasing the importance of this issue and the grounds of the public trust doctrine. This is important because the doctrine provides the foundation for preserving aquatic natural resources for the future.
Wisconsin is facing developmental problems mainly, but not limited to, the northern part of the state. People want to buy lakefront property to put their home or cottage on to get further from the cities and closer to nature. What they don’t realize is that developing this lakefront property like your home in the cities is ruining the natural vegetation and destroying shoreline habitat. The runoff of chemicals gets in the water affecting water quality and the removal of shoreline vegetation for recreational purposes reduces wildlife habitat. Basically they are pushing out the wildlife that they are trying to get closer to by being in the north woods.
Cain talked about the historical aspect behind the public trust doctrine and its judicial construction. The doctrine was written to reflect the “public’s interest” in waterways and to respond to the activities that have and will impact the navigable waterways. The doctrine took into consideration cases such as Willow River vs. Wade in 1898 recognizing the right of the public to fish in navigable waters. The doctrine was later expanded with the recognition of changes in public needs and use such as recreational purposes and scenic beauty.
Many important cases have come before the Supreme Court since the expansion of the trust doctrine. Take the Village of Menomonee Falls vs. DNR where there was the proposal to channelize two and a half miles of Lilly Creek with concrete for purposes of stormwater control. The DNR won this case because it would destroy the natural habitat and aesthetics of the stream and was inconsistent with the goals for the area that had already been established.
There have been many, many court cases throughout the history of the United States. One important case that I believe to be important is the court case of Clinton v. New York. This case involves more than just President Bill Clinton, the City of New York; it involved Snake River Farmers’ as well. This case mostly resolves around the president’s power of the line item veto. In 1996 President Bill Clinton signed the Line Item Veto Act into law. This would allow the president to get rid of a part of a bill and not disapprove the entire bill. The first time that President Clinton used this power he used it to refine the Balanced Budget Act of 1997, he got rid of a part of the bill that waived the Federal Governments statutory right to get back or receive $2.6 billion in taxes that were levied by the City of New York. President Clinton also line item vetoed a section of the Taxpayer Relief Act of 1997 this wouldn’t allow certain food processors and refiners to sell their stock to farmers to defer the recognition of capital gains. This is when the Snake River Farmers’ and City of New York went after Clinton for doing so this is where the case of Clinton v. The City of New York originated from. In this case there were constitutional issues that were raised, major arguments presented, and the final ruling from the Supreme Court.
...gain ruled in favor of the Establishment Clause. These cases include Murray v. Baltimore School Board, Epperson v. Arkansas, and Stone v. Graham. It also set the grounds for the case, Lemon v. Kurtzman, which set up the “Lemon Test” for deciding if a religious function is Constitutional or not.
The Extra, written by Michael Christie is a short story in which allows the readers to explore the significant ideas within the text such as being dependent on others. Throughout the story it is shown that the narrator is completely dependent on Rick. The narrator can rarely do anything for himself and needs to have Rick help him in many aspects in his life. It says in the story that that the narrator himself could not read and that he needed to wait until Rick got home so that he can read both letters that the narrator had gotten from the government. The narrator is not even able to cook for himself and must wait on Rick to return so that he wouldn’t starve. He wasn’t able to go look through dumpsters for extra thrown out food for him because
The effects of deforestation around my home and throughout my state are becoming more evident every day. When a deer or other wild game loses its home, they move into cities, urban areas, and parks; thus causing issues with the human population. Most people living in Illinois have hit or nearly killed a deer driving on Southern Illinois roadways. This common occurrence could be kept at bay or maybe even avoided if the deer and wild game had more space to reside. There are many points that coincide with this reality but the main issues are the small subtle ones that affect everyday life and are often overlooked. Picture the Illinois we will leave for our children. Do you see a lush green forest or miles and miles of concrete and steel?
Missouri and Florida’s New Laws Constitutional? Missouri Law Review, Spring2012, Vol. 77 Issue 2, p567-589. 23p. Retrieved from http://web.b.ebscohost.com.southuniversity.libproxy.edmc.edu/ehost/pdfviewer/pdfviewer?sid=aef9f6f7-734d-4a6c-adae-2b97736ecc93%40sessionmgr111&vid=2&hid=127
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...
Missouri and Florida’s New Laws Constitutional? Missouri Law Review, Spring2012, Vol. 77 Issue 2, p567-589. 23p. Retrieved from http://web.b.ebscohost.com.southuniversity.libproxy.edmc.edu/ehost/pdfviewer/pdfviewer?sid=aef9f6f7-734d-4a6c-adae-2b97736ecc93%40sessionmgr111&vid=2&hid=127
As believed, vegetarianism had been originally founded in ancient India and was generally formed on ethical and moral issues. There were two religions that were the first ones who accepted vegetarianism. Hinduism made a cow a sacred animal. Over the time, there were other reasons founded by Hindus that encourage them to be vegetarians: Ahimsa principle that obliges not to injure a living creature, a fear of negative karmic impact and dietary purity. Since there was no religious law prohibiting the consummation of meat, the strong commitment to vegetarianism was based mostly on moral reasons. Buddhism had distinctive reasons for supporting vegetarianism. One of them is the first precept that tells not to kill any living organism. In addition to prohibition of killing, there was also a requirement not to participate in the murder and not to be the cause of death of a living creature. However, there was an amendment that if the animal is already dead and the man did not kill him specifically ...
Every day across America millions of people wake up to start their morning. Throughout the day the vast majority of these people will consume meat, but 3% will replace the pig, cow, and chicken products for vegetable or fruit made meals (Harris). These vegetarians all have many different reasons to make this choice. This decision is a huge change in one’s life and is not without questions. Some people may wonder why would anyone abstain from the amazing food that contains meat. This essay will briefly explain the history of vegetarianism, the reasons for vegetarianism, and answer questions about vegetarianism. Vegetarian diets are all around better than diets containing meat because of three main reasons; the abuse of animals, the environmental damage, and the health benefits for humans.
The most debatable and controversial form of censorship today is the banning of books in school libraries. Banning books that educate students is wrong and selfish. Censorship of books in school libraries is neither uncommon nor an issue of the past. Books with artistic and cultural worth are still challenged constantly by those who want to control what others read. The roots of bigotry and illiteracy that fuel efforts to censor books and free expression are unacceptable and unconditional. Censoring school books in libraries can often lead to censorship of our basic freedoms guaranteed in the First Amendment. In some cases, a minority ends up dictating the majority in censorship cases. To be told what is permissible reading material and what is not is a direct violation of the First Amendment of the Constitution.
Censorship is “the restriction or removal of information, or the prevention of free expression” (Taylor 8). There are many things that can be censored such as books, movies, TV shows, newspapers, and the way people dress. People censor things for a number of reasons- they do not agree with it, find it offensive, or think that it is just inappropriate in general. Different people consider different things inappropriate, so the content of what is censored varies. Anyone can censor, including parents, teachers, school officials, and board members (Taylor 8-10) Many things are censored in schools and places where children are present because parents do not want their kids to be exposed to inappropriate content (Taylor 10). Students are entitled to their First Amendment rights just as much as adults are, but schools still censor things like newspapers, books, and clothing.
More recently and more frequently the government has undermined the protections afforded in the Taking Clause by seizing private property for “public use’ and not for “public good”. The Supreme Court has been
The types of games that children play change dramatically compared to early childhood. In addition to the activities that they already play, they start to strive for a challenge. Middle childhood is the time when children acquire skills such as reading and arithmetic. During this time children start to play games that are complicated and rule oriented. Because of these changes, children begin to play games based on strategy such as playing cards and other games that test their mind. They play games such as Pokémon or Yu-Gi-Oh. These card games require children to count, remember, and plan strategies. By playing these games, children begin to plan consciously, coordinate actions, evaluate their progress, and modify their plans and strategies based on reflection and evaluation.
Do you love visiting the beautiful National Lakeshores? Hunting, fishing, and camping with friends and family? There have been bills passed around the United States of America on whether or not government should be allowed to sell Federal and National lands. But there has been conservative and sports groups that don’t agree with this bill and has stopped it from happening.
Isajlovic-Terry, Natasha, and Lynne Mckechnie. "An Exploratory Study of Children's Views of Censorship." Children and Libraries (Spring 2012): 38-43. Print.