>>> Item number 41, dated 93/07/20 17:50:07 -- ALL

Date:         Tue, 20 Jul 1993 17:50:07 CDT
Reply-To:     Legal History discussion list <H-LAW@UICVM.BITNET>
Sender:       Legal History discussion list <H-LAW@UICVM.BITNET>
From:         cfcrw@ecnuxa.bitnet
Subject:      Chicago wetlands & Horwitz

From: IN%"HISLAW-L@ULKYVM.BITNET" "History of Law (Feudal, Common, Canon)" 2

-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