Open Access. Powered by Scholars. Published by Universities.®

Architecture Commons

Open Access. Powered by Scholars. Published by Universities.®

Land Use Law

Series

Institution
Keyword
Publication Year
Publication

Articles 1 - 30 of 47

Full-Text Articles in Architecture

Biophilic Design And Biophilic Cities: An Explainer, Kincaid Brown Jan 2024

Biophilic Design And Biophilic Cities: An Explainer, Kincaid Brown

Law Librarian Scholarship

The COVID-19 pandemic brought into focus that outdoor activities in natural settings have a positive impact on mental health, and individuals participating in outdoor activity report higher rates of emotional well-being than individuals who do not participate in such activity. Biophilic design is an architectural practice that aims to connect people to nature through design concepts with one of the benefits being psychological. Other benefits of biophilic design include improvements to environmental quality, physical health, support of animal species and habitats, and more resilient and energy-efficient cities.


Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law Feb 2022

Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Yimby And Covid-19, Michael Lewyn Jan 2021

Yimby And Covid-19, Michael Lewyn

Scholarly Works

Discusses whether the COVID-19 pandemic strengthens the case for the pro-housing YIMBY (Yes In My Back Yard) movement.


Comprehensive Rezonings, Sara C. Bronin Jan 2019

Comprehensive Rezonings, Sara C. Bronin

Cornell Law Faculty Publications

Of all powers given to local governments, the power to zone is one of the most significant. Zoning dictates everything that gets built in a locality—and thus effectively dictates all of the key activities that take place within it. Nationwide, most zoning codes were adopted in the first half of the twentieth century. Many, including the zoning codes of New York City and Chicago, were significantly revised in the 1960s. While these codes have been revised piecemeal, just a few American cities have undergone a comprehensive revision: replacing the old code with a completely new one.

A comprehensive rezoning can …


Rent Certainty Is Not Rent Control, Tom Dunne Oct 2015

Rent Certainty Is Not Rent Control, Tom Dunne

Reports

The housing crisis and the debate about rent control should result in a beneficial change to the regulation of the sector but the opportunity could be lost for want of clarity of thinking about the nature of rent certainty and the distinction between it and rent control. At present rent is regulated by the Residential Tenancies Act 2004 (RTA 2004) which provides that rent can only change once a year and cannot be more than the market rent. Many argue a greater degree of rent certainty is required and that rent should not be allowed to increase by more than …


Energy In The Ecopolis, Sara C. Bronin Jun 2015

Energy In The Ecopolis, Sara C. Bronin

Cornell Law Faculty Publications

Climate change, resource scarcity, and environmental degradation demand a paradigm shift in urban development. Currently, too many of our cities exacerbate these problems: they pollute, consume, and process resources in ways that negatively impact our natural world. Cities of the future must make nature their model, instituting circular metabolic processes that mimic, embrace, and enhance nature. In other words, a city must be a regenerative city or, as some say, an “ecopolis.” So, how to get there—to ecopolis—from here? In this Comment, I propose a partial answer by focusing on certain legal frameworks that must be reenvisioned to enable the …


Architectural Exclusion: Discrimination And Segregation Through Physical Design Of The Built Environment, Sarah Schindler Jan 2015

Architectural Exclusion: Discrimination And Segregation Through Physical Design Of The Built Environment, Sarah Schindler

Sturm College of Law: Faculty Scholarship

The built environment is characterized by man-made physical features that make it difficult for certain individuals—often poor people and people of color—to access certain places. Bridges were designed to be so low that buses could not pass under them in order to prevent people of color from accessing a public beach. Walls, fences, and highways separate historically white neighborhoods from historically black ones. Wealthy communities have declined to be served by public transit so as to make it difficult for individuals from poorer areas to access their neighborhoods.

Although the law has addressed the exclusionary impacts of racially restrictive covenants …


Inclusionary Eminent Domain, Gerald S. Dickinson Jan 2014

Inclusionary Eminent Domain, Gerald S. Dickinson

Articles

This Article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept provides a framework that molds eminent domain takings and economic redevelopment into an inclusionary land assembly model equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. The tools to achieve this include Community Benefit Agreements (“CBAs”), Land Assembly Districts (“LADs”), Community Development Corporations (“CDCs”), Land Banks (“LABs”), Community Land Trusts (“CLTs”) and Neighborhood Improvement Districts (“NIDs”). The origin of the concept derives from the zoning law context, where exclusionary zoning in the suburbs excluded …


The Rebirth Of The Neighborhood, J. Peter Byrne Jan 2013

The Rebirth Of The Neighborhood, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This essay argues that new urban residents primarily seek a type of community properly called a neighborhood. “Neighborhood” refers to a legible, pedestrian-scale area that has an identity apart from the corporate and bureaucratic structures that dominate the larger society. Such a neighborhood fosters repeated, casual contacts with neighbors and merchants, such as while one pursues Saturday errands or takes children to activities. Dealing with independent local merchants and artisans face-to-face provides a sense of liberation from large power structures, where most such residents work. Having easy access to places of sociability like coffee shops and bars permits spontaneous “meet-ups,” …


Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli Dec 2012

Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Climate change, understood as a statistically significant variation in the mean state of the climate or its variability, is the greatest environmental challenge of this generation (Intergovernmental Panel on Climate Change, 2001). Marshfield is already being affected by changes in the climate that will have a profound effect on the town’s economy, public health, coastal resources, natural features, water systems, and public and private infrastructure. Adaptation strategies have been widely recognized as playing an important role in improving a community’s ability to respond to climate stressors by resisting damage and recovering quickly.

Based on review of climate projections for the …


Prelude To A Master Plan: Ware, Massachusetts, Belen Alfaro, Bruno Carneiro, Margaret Engesser, Kathryn E. Fox, Evadne R. Friedman, Timothy Inacio, Anita Lockesmith, Christina Mills, Stephanie Molden, Meagen Mulherin, Russell Pandres, Vinicius Pereira, Brian Reid, Pedro Soto, Jennifer Stromsten Oct 2012

Prelude To A Master Plan: Ware, Massachusetts, Belen Alfaro, Bruno Carneiro, Margaret Engesser, Kathryn E. Fox, Evadne R. Friedman, Timothy Inacio, Anita Lockesmith, Christina Mills, Stephanie Molden, Meagen Mulherin, Russell Pandres, Vinicius Pereira, Brian Reid, Pedro Soto, Jennifer Stromsten

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Prelude to a Master Plan offers ideas, recommendations, and a toolkit to help the town chart its own path towards that future. While the teams and individual students worked to ‘drill down’ into specific topic areas, the Studio defined three basic areas in order to think about how the various assets, challenges and ideas undermine or reinforce one another. The report is loosely organized in those terms: addressing the outlying rural areas and issues specific to these places, considering one of the key growth areas that has extended from town and the conflicts that arise from the many uses occurring …


Historic Preservation And Its Cultured Despisers: Reflections On The Contemporary Role Of Preservation Law In Urban Development, J. Peter Byrne Jan 2012

Historic Preservation And Its Cultured Despisers: Reflections On The Contemporary Role Of Preservation Law In Urban Development, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The past years have seen widely noticed critiques of historic preservation by “one of our leading urban economists,” Edward Glaeser, and by star architect Rem Koolhaas. Glaeser, an academic economist specializing in urban development, admits that preservation has value. But he argues in his invigorating book, Triumph of the City, and in a contemporaneous article, Preservation Follies, that historic preservation restricts too much development, raises prices, and undermines the vitality of the cities. Koolhaas is a Pritzker Prize-winning architect and oracular theorist of the relation between architecture and culture. In his New York exhibit, Cronocaos, he argued …


Bioretention: Evaluating Their Effectiveness For Improving Water Quality In New England Urban Environments, Mary Dehais Jan 2011

Bioretention: Evaluating Their Effectiveness For Improving Water Quality In New England Urban Environments, Mary Dehais

Masters Theses 1911 - February 2014

Nonpoint source (NPS) pollution is one of the leading causes of water quality problems in the United States. Bioretention has become one of the more frequently used stormwater management practices for addressing NPS pollution in urbanized watersheds in New England. Yet despite increased acceptance, bioretention is not widely practiced. This study explores and evaluates the efficacy of bioretention for protecting urban water quality.

This research found that numerous monitoring methods are used by researchers and industry experts to assess the effectiveness of stormwater best management practices (BMPs) and low impact development (LID) practices that include bioretention. The two most common …


Following Industry's Leed: Municipal Adoption Of Private Green Building Standards, Sarah Schindler Jun 2009

Following Industry's Leed: Municipal Adoption Of Private Green Building Standards, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Local governments are beginning to require new, privately constructed and funded buildings to be “green” buildings. Instead of creating their own, locally-derived definitions of green buildings, many municipalities are adopting an existing private standard created by members of the building industry: LEED (Leadership in Energy and Environmental Design). This Article explains and assesses the privately promulgated LEED standards. It argues that the translation of LEED standards, which were intended to be voluntary, into law raises several theoretical and practical problems. Specifically, private green building ordinances that rely on LEED do not ensure a reduction in the negative local environmental impacts …


The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara C. Bronin Nov 2008

The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara C. Bronin

Cornell Law Faculty Publications

Thirty-seven years ago, a book called The Quiet Revolution in Land Use Control argued that states would soon take over localities' long-held power over land use regulation. In the authors' view, this quiet revolution would occur when policymakers and the public recognized that certain problems - like environmental destruction - were too big for localities to handle on their own. Although the quiet revolution has not yet occurred, this Article suggests that it will, and should, occur alongside the ever-growing green building movement. This movement presents practical and ideological challenges to our current system of regulating land use. This Article …


Notes On The Antiquities Act And Alaska, John Freemuth Oct 2006

Notes On The Antiquities Act And Alaska, John Freemuth

Celebrating the Centennial of the Antiquities Act (October 9)

2 pages.


The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon Oct 2006

The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon

Celebrating the Centennial of the Antiquities Act (October 9)

3 pages.


Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband Oct 2006

Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

13 pages.

Includes bibliographical references


Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West Oct 2006

Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Celebrating the Centennial of the Antiquities Act (October 9)

For 100 years, the Antiquities Act has been used by nearly every President in the 20th century to set aside and protect lands threatened with privatization and development. The list of lands first protected under the Antiquities Act – and that might never have been protected without it – is truly remarkable. Many of our most treasured national parks including the Grand Canyon, Olympic, Zion, Arches, Glacier Bay, and Acadia, began as national monuments. All told, Presidents have issued 123 proclamations setting aside millions of acres of land under the Antiquities Act.

The Natural Resources Law Center and the Center …


Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace Oct 2006

Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides


Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband Oct 2006

Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor James R. Rasband, Brigham Young University School of Law

20 slides


Rehabilitating Rehab Through State Building Codes, Sara C. Bronin May 2006

Rehabilitating Rehab Through State Building Codes, Sara C. Bronin

Cornell Law Faculty Publications

Building codes are not neutral documents. Traditional codes have the effect of deterring the rehabilitation of older structures. But rehabilitation - which can have many positive effects, especially on cities - should be encouraged, not deterred. One promising method of encouraging rehabilitation has been the adoption of rehabilitation codes: building codes that establish flexible but clear requirements for renovators. After analyzing traditional building codes and three different rehabilitation codes, this Note concludes that more states should adopt rehabilitation codes on a mandatory basis.


Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of U.S. Approaches, Elizabeth Brabec, Peter Kumble Mar 2005

Land Planning And Development Mitigation For Protecting Water Quality In The Great Lakes System: An Evaluation Of U.S. Approaches, Elizabeth Brabec, Peter Kumble

Landscape Architecture & Regional Planning Faculty Publication Series

A review of the land use/water quality interface of the Great Lakes system, and the monitoring programs in place. The paper reviews the weakness in the system and suggests opportunities for improvement.


Meridian Hill Park: The Making Of An American Neoclassical Landscape, Elizabeth Brabec Oct 2002

Meridian Hill Park: The Making Of An American Neoclassical Landscape, Elizabeth Brabec

Landscape Architecture & Regional Planning Faculty Publication Series

The neoclassical design was the dominant design movement in landscape architecture at the turn of the last century, dictating the form and design of public parks for most of the first half of the twentieth century. Meridian Hill Park, located just north of the White ouse in Washington, DC, is considered the most ambitious neoclassical park ever conceived in the United States. The paper provides an overview of the design development of the park, illustrating how classical design precedents were used to create a contemporary neo-classical park.


Defining The Pattern Of The Sustainable Urban Region, Elizabeth Brabec, Geoffrey Mcd. Lewis Jan 2002

Defining The Pattern Of The Sustainable Urban Region, Elizabeth Brabec, Geoffrey Mcd. Lewis

Landscape Architecture & Regional Planning Faculty Publication Series

No abstract provided.


Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown Jun 1998

Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

12 pages.


Recreation Management By The Blm: A Local Perspective, Ann Morgan Jun 1998

Recreation Management By The Blm: A Local Perspective, Ann Morgan

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.


Public Issues In Parks And Recreation Activity In The 105th Congress, Barry S. Tindall Jun 1998

Public Issues In Parks And Recreation Activity In The 105th Congress, Barry S. Tindall

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

3 pages.


One State’S Response To Outdoor Recreation Pressures, Laurie Mathews Jun 1998

One State’S Response To Outdoor Recreation Pressures, Laurie Mathews

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

5 pages.


The New Challenge Of Outdoor Recreation, Roz Mcclellan Jun 1998

The New Challenge Of Outdoor Recreation, Roz Mcclellan

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

5 pages.