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Full-Text Articles in Law
Sharing Property, Kellen Zale
Sharing Property, Kellen Zale
University of Colorado Law Review
The sharing economy-the rapidly evolving sector of peer-topeer transactions epitomized by Airbnb and Uber-is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities-renting your car out to a tourist for a day, paying to spend the weekend in a …
Regulating Hydraulic Fracturing Through Land Use: State Preemption Prevails, Kevin J. Duffy
Regulating Hydraulic Fracturing Through Land Use: State Preemption Prevails, Kevin J. Duffy
University of Colorado Law Review
Hydraulic fracturing enables oil and gas operators to maximize hydrocarbon extraction from unconventional reservoirs. The increasing prevalence of fracturing generates robust debate and review of the environmental and economic impacts of the practice. An unbiased political dialogue of fracturing proves challenging. The technical complexity of the process and the divergent perceptions of local and state decision-makers foment regulatory tension. A division-of authority contest between the state government and home-rule cities ensues. In Colorado, state-level preemption gives courts a tool to invalidate local regulation of oil and gas activities where an operational conflict exists between the state and local law. However, …
The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler
The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler
University of Colorado Law Review
Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use …