Law Commons^™

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.

A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski

Publications and Research

Abstract

Purpose – In this paper, a call to the library and information science community to support documentation and conservation of cultural and biocultural heritage has been presented.

Design/methodology/approach – Based in existing Literature, this proposal is generative and descriptive— rather than prescriptive—regarding precisely how libraries should collaborate to employ technical and ethical best practices to provide access to vital data, research and cultural narratives relating to climate.

Findings – COVID-19 and climate destruction signal urgent global challenges. Library best practices are positioned to respond to climate change. Literature indicates how libraries preserve, share and cross-link cultural and scientific knowledge. …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Precipice Regulations And Perverse Incentives: Comparing Historic Preservation Designation And Endangered Species Listing, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The insight upon which this article is built is that the common structures of these two legal regimes create incentives toward destroying the resources they seek to protect. The shift from legal freedom to exploit resources to strict limitation on property modification and the lengthy and public process to designate or list specific resources for protection provide the motive and the opportunity to legally frustrate the application of the statutes. This article seeks to understand how these perverse incentives are created and how they can be lessened. The procedural and substantive provisions of both legal regimes have evolved to reduce …

The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?, Mark P. Nevitt

Faculty Articles

Japanese Prime Minister Shinzo Abe, the highest political leader in Japan, shook his head in disbelief. His tenure as Prime Minister had been tense, partly due to the ongoing question of a replacement airfield for the U.S. Marines in Futenma. A predecessor, Yukio Hatoyama, also suffered political fallout stemming from his reversal of a public promise to find a replacement location for the U.S. Marine Corps Air Station. Prior to the Hatoyama administration, the Japanese government had selected a new location for the Marine Air Station, a remote area far removed from the busy city of Okinawa in Henoko. Moving …

''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong

Faculty Journal Articles

By treating spatial conflict as one way communities wrestle with the memory and legacy of slavery, this article unites critical landscape analysis, a tool of legal geography, with legal and cultural analysis and recent scholarship on African American reparations. A slave cemetery lay beneath a parking lot in Shockoe Bottom, a neighborhood of downtown Richmond that was once a major slave-trading hub. In recent years, controversy arose over the site’s use, generating racially charged local debate and two failed lawsuits seeking to preserve the site. This article examines the significance of the African Burial Ground controversy by analyzing its symbolic, …

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,” …

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

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 …

Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …

Handcrafted Collaborative Copyright, Ann Bartow

Law Faculty Scholarship

Tribute essay to Dean Laura Gasaway's tenacious and fearless information access advocacy.

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

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

Celebrating the Centennial of the Antiquities Act (October 9)

3 pages.

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

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

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

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

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.

Phase I Archaeological Intensive Survey Of Hassanamesitt Woods Property, Grafton, Massachusetts, Jack Gary, Stephen Mrozowski, David B. Landon

Andrew Fiske Memorial Center for Archaeological Research Publications

The Center for Cultural and Environmental History conducted a Phase I archaeological intensive survey of the Hassanamesitt Woods property in Grafton, Massachusetts from October 2004 through January 2005. Documentary evidence has suggested that the property may contain remains of the church for the Praying Indian village of Hassanamisco, established by John Eliot in 1660. Historical deed research has also placed several Nipmuc families on the property in the early 18th century, suggesting the area was resettled by the original inhabitants of Hassanimisco in the aftermath of King Philip's War. Throughout the course of the 18th and 19th centuries the property …

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.

Preserving A Place For The Past In Our Future: A Survey Of Historic Preservation In West Virginia, Megan M. Carpenter

Law Faculty Scholarship

No abstract provided.

Arcata Sports Complex Project, Susie Van Kirk

Susie Van Kirk Papers

The City of Arcata is developing a sports complex, including playing fields and structures, on its property lying south and west of 7th and Union Streets. Prior to the commencement of construction, an archaeological investigation was performed to determine the extent and significance of a previously-identified prehistoric site. In addition to artifacts associated with the prehistoric time period, historic artifacts were also encountered. To assist in the evaluation of these artifacts, research of the historic component of the property was undertaken. This report discusses the historic environment and land use, land ownerships, biographical information on some of the families associated …

Jack Shaw Bridge, Susie Van Kirk

Susie Van Kirk Papers

To adequately assess the historical significance of the Mad River suspension bridge near Mountain View, commonly referred to as the Jack Shaw Bridge, it was necessary to research not only the bridge but the surrounding area as well. Resulting information provides a context or association for understanding the bridge's role in local history.

1698 11th Street, Susie Van Kirk

Susie Van Kirk Papers

Compilation of records and deed information regarding the 1698 11th Street house.

Raab House, Susie Van Kirk

Susie Van Kirk Papers

The architectural integrity of the house continues to be impaired by past and on-going alterations. Window and door changes along with major interior reconstruction have altered the house considerably from its original appearance. It is the addition on the southwest corner, however, that is so intrusive as to permanently compromise the house's historic architecture. For this reason, I am recommending denial of the application for historic designation.

The Beers-Ely House, Susie Van Kirk

Susie Van Kirk Papers

It was during Bertha Averell's ownership that the house was remodeled with Craftsman features. The tax assessment for 1924 shows an increase in assessed value for improvements which could indicate the new construction.

The Ely-Ioelu family ownership spanned more than forty years. Paul and Anna Ely were well-known Arcata residents who owned the Varsity Sweet Shop/Restaurant on the east side of the Plaza from 1945 until 1968. They lived in the house until their daughter and her husband purchased it in 1965.

Alford-Nielson House, Susie Van Kirk

Susie Van Kirk Papers

Chain of title for original lot on Main Street in downtown Ferndale.

Mcmillan House, Susie Van Kirk

Susie Van Kirk Papers

The architectural integrity of the McMillan House has been negatively impacted by several significant alterations. These include the addition in the northeast corner, the front door, the louvered window in the upstairs of the south wall, and the window shutters. Other alterations have occurred, but they are not particularly intrusive and could remain without impinging upon the building's architecture.

The David Simpson House, Susie Van Kirk

Susie Van Kirk Papers

The David Simpson House is recommended for historic designation as a significant example of settlement-era architecture. Built in 1877, the house is a visible reminder of the community's settlement period and a notable example of the popular front-facing gable house-type.