Hunting related legal controversies

Discussion in 'Hunters Rights Forum' started by mbalestra, Sep 26, 2006.

  1. mbalestra

    mbalestra Refuge Member

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    All,

    I am a law student desperately in need of an article topic for the Kentucky Law Journal. I am an avid waterfowler and would love to write on a hunting-related topic that can hold my interest; however, I've tried in vain and failed thus far to find anything good. Does anyone have any suggestions or jumping off points from which I can find a topic? I'd be happy to hear any and all thoughts. Thanks a lot.

    Mike Balestra
     
  2. The Other David

    The Other David Elite Refuge Member

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    Mike,

    Tell us more. Gun related? Sunday hunting? Bucks only?

    David
     
  3. mbalestra

    mbalestra Refuge Member

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    Well, I purposely wanted to invite any and all suggestions on what you all find interesting. The more hotly debated and rooted in statutes and case law, the better. Gun related issues are always good and there is plenty of law behind them.

    My best option thus far regards the Supreme Court decision (or lackthereof) in June concerning the proper interpretation of the CLean Water Act regarding wetlands adjacent to navigable waterways. The court did not produce a majority opinion on whether or not these wetlands were contemplated by the law and thus leave the issue for lower courts and agencies to decide on a case-by-case basis. If it is found that the Act did not contemplate those wetlands, no permit would be required from the Army Corps of Engineers before draining and filling those wetlands for development. If I chose this topic, I could analyze the court's decision, the Act itself, and any legislative history to try and figure out what is really meant. I would also survey jurisdictions around the country to gauge what interpretations are favored and where. Until Congress tells us what they meant, the future of these wetlands is in limbo.

    Obviously, that is not directly tied to hunting, but the connection is close enough to hold my interest in that conservation and hunting go hand in hand. Further, there is plenty to analyze and given that the supreme court cannot decide what the Act means, it is certainly open for debate. I haven't researched this too much yet and for all know congress has spoken (need to look into that tonight).

    If anyone has ANY suggestions, I'd be happy to hear them, no matter what about. What do hunters need to be worried about? Is some legislation or group threatening our rights and how? I'm really just looking for a debate somewhere, anywhere, that may give rise to a specific topic. The more specific, the better.

    Thanks again. Sorry if that didn't really answer your question David, but I'd really prefer to be open ended and keep my options open.
     
  4. beastmaster

    beastmaster Senior Refuge Member

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    Why not address why those politicians sworn to uphold and defend the constitution are always after the second ammendment ? What part of it do they not understand ? Why only at election time is there a flood of gun violence brought to the front page by the liberal media ? Why do the anti gun crowd such as Clinton , Fienstien Gore Kerry Edwards Kennedy Boxer and others like them want to disarm this country and take away guns from law abiding citizens.? Why wont they enforce the gunlaws on the books ? Why are they so soft on cri,inals and so hard on legitamant gun owners ?

    I have to give a thumbs up to the PA legislature though. They were protested at their meetings in Harrisburg by people from Philly begging for more gun controll to stop criminals and gun crimes and killings and the legislature gets it . Most said why make more laws when the current ones are not enforced and no matter what the crimminals will get guns amyway,no matter how many laws u make

    You can also write about why the Government lets our border crossings as wide open as they do,why they give terrorists the same rights as our citizens

    There are many other issues but some of the above may be good to write about
     
  5. The Other David

    The Other David Elite Refuge Member

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    The Clean Water Act does impact hunting, and it provides a good example of the conflict between individual property rights and potential over-reaching by a government agency.

    Go for it!

    You could also look around the NRA-ILA site for some more.

    David
     

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