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- Coastal zone management; takings doctrine; United States Supreme Court; legislation; Nollan v. California; Lucas v. South Carolina; land-use management; Beachfront Management Act (1)
- United States Coast Guard; towing vessel safety; marine casualties; National Transportation Safety Board; legislation (1)
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Towing Vessel Safety: Analysis Of Congressional And Coast Guard Investigative Response To Operator Involvement In Casualties Where A Presumption Of Negligence Exist, Paul J. Cormier
Theses and Major Papers
Legislation proposed by members of the 103rd Congress to address towing vessel safety resulted from three focusing events. The proposed legislation was not passed. There is a continuing need to address the human element in marine casualties. Prevention through enforcement is a viable solution to some human causal factors. Numerous personnel investigations which should have been initiated following towing vessel groundings during 1992 and 1993, were not pursued; despite a presumption of negligence that exists in grounding cases. Due to the presumption, all groundings, and particularly those attributed to human factors during a casualty investigation provide sufficient reason to initiate …
The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase
The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase
Theses and Major Papers
There is an increasingly powerful and vocal group coalescing in society today, sometimes described as anti-environmentalists or Property Firsters, who feel that the government has exceeded its authority in interfering with individual rights for the purpose of protecting natural resources. Regardless of any personal convictions regarding this often emotionally-charged issue, people involved in coastal management and planning should be aware of the changes in legal doctrines which have come about as a result of "property first" challenges to regulatory or zoning statutes. These challenges have been pursued successfully in the courts by characterizing state and local land use ordinances as …