Since the 1970s the federal government has been involved in the regulation of wetlands under Section 404 of the Clean Water Act. Like most federal environmental programs, authority for this regulation is premised upon an expansive reading of the Commerce Clause. In 1995, however, the Supreme...

This article explores the tension between antitrust principles and conservation of the marine commons. Part I provides an overview of fishery conservation efforts in theory and practice. As a common pool resource, marine fisheries will fall prey to the "tragedy of the commons" unless consumption...