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22 Tex. Rev. L. & Pol. 349 (2017-2018)
Monumental Power: Can Past Proclamations under the Antiquities Act Be Trumped

handle is hein.journals/trlp22 and id is 385 raw text is: MONUMENTAL POWER: CAN PAST PROCLAMATIONS UNDER THE ANTIQUITIES ACT BE TRUMPED? JOHN MURDOCK* INTRODUCTION ............................................ 351 I. OVERVIEW OF THE ANTIQUITIES ACT...................... 354 A. A Brief but Boldly Applied Statute....................354 B. Limited Litigation History.... ..................357 C. Controversies and State Exemptions ................ 361 D. Use of the Act After Carter ... ................... 363 E. Trump Orders a Review of Monuments ....... ........365 F. Recent Recommendations, Proclamations, and Lawsuits.... 367 II. CAN MONUMENT BOUNDARIES BE MODIFIED? ....... ........ 368 A. Trump Shrinks Monuments, As Predecessors Have Done.. ................................ 368 B. 1938 Attorney General Opinion Opposed Revocation but Supported Modification .................. ..... 373 C. Divergent Department of the Interior Opinions ................. 376 D. Academic Opposition to Modification .....................380 1. Comparisons with Other Statutes ....... ..... 381 2. Oddly Drafted FLPMA Provision ...... ...... 386 III. THE DISPUTED POWER TO REVOKE MONUMENTS.................. 392 A. Yoo and Gaziano Advocate Revocation ....... ......393 B. The Best Case for Revocation: Analogy to Revoking Regulations. ...............................394 C. The Treaty Analogy Is of Limited Value..........................397 D. Attorney General Opinions Are Misread....... .......399 E. Case Law Support for an Implied Power to Revoke............. 402 F Case Law Support for the One-Way Ratchet Approach ....... 406 * ProfessorJohn Murdock teaches at the Handong International Law School. From 2002 to 2013, he was an attorney in the Office of the Solicitor at the Department of the Interior, with the bulk of his tenure spent in the Division of Land and Water Resources. He is a graduate of the University of Texas School of Law.

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