(Eugene Volokh)
It's an Irish case, Lough Swilly Shellfish Growers Co-operative Society Ltd & Anor v. Bradley & Anor, and it deals with the claim that, "[u]nder English law, as a result of Magna Carta, [private] fisheries could not be created in tidal waters unless they existed prior to the death of Henry II." But that provision of Magna Carta, the court says, is yesterday's news, having been repealed in relevant part by subsequent legislation (if I understand the matter correctly).
Thanks to Prof. Seth Tillman for the pointer.
Published on September 12, 2011 22:13