Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 18 of 18
Full-Text Articles in Law
Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel
Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts
Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich
Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks
Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker
Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Neighborhood Opposition And The Permissible Purposes Of Zoning, Harold A. Ellis
Neighborhood Opposition And The Permissible Purposes Of Zoning, Harold A. Ellis
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Who Owns Cross Creek?, Charles L. Siemon
Who Owns Cross Creek?, Charles L. Siemon
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer
Florida State University Journal of Land Use and Environmental Law
This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its application. …
Standing On Its Last Legs: Bennett V. Spear And The Past And Future Of Standing In Environmental Cases, Sam Kalen
Florida State University Journal of Land Use and Environmental Law
This Article examines the evolution of standing in environmental disputes. The Article traces environmental standing from the 1970s when the "zone of interests" test was first applied in Association of Data Processing Service Organizations v. Camp, through Lujan v. Defenders of Wildlife over twenty years later, which outlined the three requirements of concrete and particularized imminent injury, traceability, and redressibility. The Article then describes how Bennett v. Spear, decided by the Supreme Court in1997, and other recent lower court decisions have produced a haphazard and incoherent approach to standing in cases involving the National Environmental Policy Act (NEPA) and the …
Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis
Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard
Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet
The Ripeness Doctrine Of The Taking Clause: A Survey Of Decisions Showing Just How Far Federal Courts Will Go To Avoid Adjudicating Land Use Cases, Gregory Overstreet
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Everglades Restoration: A Constitutional Takings Analysis, Sharon S. Tisher
Everglades Restoration: A Constitutional Takings Analysis, Sharon S. Tisher
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Public Trust Doctrine And Sovereignty Lands In Florida: A Legal And Historical Analysis, Sidney F. Ansbacher, Joe Knetsch
The Public Trust Doctrine And Sovereignty Lands In Florida: A Legal And Historical Analysis, Sidney F. Ansbacher, Joe Knetsch
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Avoiding The Takings Clause Through The Myth Of Public Rights: The Public Trust And Reserved Rights Doctrines At Work, James L. Huffman
Avoiding The Takings Clause Through The Myth Of Public Rights: The Public Trust And Reserved Rights Doctrines At Work, James L. Huffman
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson
Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
General Propositions And Concrete Cases: The Search For A Standard In The Conflict Between Individual Property Rights And The Social Interest, Donald C. Dowling, Jr.
General Propositions And Concrete Cases: The Search For A Standard In The Conflict Between Individual Property Rights And The Social Interest, Donald C. Dowling, Jr.
Florida State University Journal of Land Use and Environmental Law
No abstract provided.