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Articles 1 - 30 of 81
Full-Text Articles in Law
The Uncertain Future Of Tourism On Migrating Barrier Islands: How And Why The Outer Banks Of North Carolina Should Adjust To Growing Threats, Lillian Coward
The Uncertain Future Of Tourism On Migrating Barrier Islands: How And Why The Outer Banks Of North Carolina Should Adjust To Growing Threats, Lillian Coward
William & Mary Law Review
Erosion, storms, and the migration of the barrier islands that comprise the Outer Banks themselves are not new. The rising seas that have resulted from climate change have merely exacerbated what has always occurred. What is new, however, is the economic havoc that natural processes and disasters alike can wreak on the islands. Today, because climate change has accelerated natural island migration, individuals, local governments, and the federal government alike have a lot to lose in the fight against the tides.
[...]
This Note will evaluate a variety of potential solutions to the problems that pose nearly existential threats to …
Creating Land With Artificial Oyster Rings: Legal Challenges From State Owned Bottom Land To Living Shorelines, Faith Parker, Will Reach
Creating Land With Artificial Oyster Rings: Legal Challenges From State Owned Bottom Land To Living Shorelines, Faith Parker, Will Reach
Virginia Coastal Policy Center
The Virginia Sea Grant program approached VCPC to conduct research in partnership with the William & Mary Public Policy Program and a James Madison University (JMU) architecture professor, Jori Erdman. Professor Erdman is researching the viability of creating land with artificial oyster rings based on similar projects seen in Louisiana. Professor Erdman has provided the diagrams of the project used throughout this paper. Ultimately, this paper examines some legal issues raised by the use of these rings to prevent coastal erosion or act as a flooding buffer for commercial or residential buildings. With this goal in mind, this paper addresses …
Brigham-Kanner Property Rights Journal, Volume 12, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 12, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Importance of Property Rights
September 29-30, 2022
Panel 1: The Importance of Property Rights: A Tribute to James S. Burling
Panel 3: Roundtable: Emerging Issues in Takings and Property Rights Litigation
Featured Authors (Burling, Kanner, and Valois)
Mitigating Trail Troubles: An Analysis Of The Virginia Recreational Land Use Statute, Rachel Rogers, Cooper Vorel
Mitigating Trail Troubles: An Analysis Of The Virginia Recreational Land Use Statute, Rachel Rogers, Cooper Vorel
Virginia Coastal Policy Center
While the overall focus of this discussion is on the law of Virginia, it is often useful to look elsewhere for comparative purposes. This is especially important when it involves considering the future of Virginia’s recreational land use statute. The overall objective of this discussion is to supplement Virginia’s existing recreational land use legal regime by exploring specific issues related to Virginia’s statutory scheme and identifying areas where further research may be needed.
Four issues involving recreational land use statutes are explored herein. First, the scope of recreational use statutes, namely in Virginia, is examined. This issue addresses the substance …
A State Within A State: Re-Examining The Federal Lands Question And Its Effect On State Sovereignty, David Wilde
A State Within A State: Re-Examining The Federal Lands Question And Its Effect On State Sovereignty, David Wilde
William & Mary Environmental Law and Policy Review
Though the path of the public lands debate is well-trodden, this Note will seek to answer the question in novel ways. First, it uses the Corpus of Founding Era American English to perform an objective linguistic analysis of the phrase “dispose of” in the Property Clause. Through this analysis, it appears that an ordinary person at the time the Constitution was adopted would most likely have read the phrase “dispose of” in the Property Clause to mean sell, give away, bestow, or put into another’s hand or power.
Next, this Note investigates the historical and philosophical understandings of state sovereignty …
Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa
Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa
William & Mary Journal of Race, Gender, and Social Justice
Drawing from George Lipsitz’s notion that whiteness is “not so much a color as a condition,” this Article embarks on the project of framing the manner and methods through which whiteness continues to dominate space and place. Wherever whiteness dominates space, space carries rules and expectations about the identity and characteristics of people who are present—visitors and jaunters, owners and occupiers—and the types of activities and cultural practices that might occur there. Occasionally, spaces are racialized because of intentional practices of discrimination and segregation. In others, less intentional methods produce racialized space. In both, American spaces tell their own histories …
Brigham-Kanner Property Rights Journal, Volume 11, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 11, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Role of Empirical Research
September 30-October 1, 2021
Panel 1: The Role of Empirical Research in Defining the Scope of Constitutionally Protected Property Rights: A Tribute to Been
Panel 2: The Relationship Between Eminent Domain and Social and Racial Injustice
Panel 3: The Interdependence of Property and First Amendment Rights
Panel 4: The Distributional Implications of Land Use Regulation
Stale Real Estate Convenants, Robert C. Ellickson
Stale Real Estate Convenants, Robert C. Ellickson
William & Mary Law Review
Since the 1970s, covenants running with the land have tethered a large majority of the new housing units produced in the United States. These private restraints usually continue for generations, until a majority or supermajority of covenant beneficiaries affirmatively vote to amend or terminate them. Covenants interact with public land use controls, particularly zoning ordinances. Zoning politics tends to freeze land uses in urban America, particularly in existing neighborhoods of single-family homes. This Article investigates to what extent covenants exacerbate the zoning freeze. It provides a history of the use of private covenants and suggests how drafters, judges, and legislators …
Brigham-Kanner Property Rights Journal, Volume 10, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 10, William & Mary Law School
Brigham-Kanner Property Rights Journal
Where Theory Meets Practice
October 1-2, 2020
Panel 1: Where Theory Meets Practice: A Tribute to Henry E. Smith
Panel 2: The Housing Crisis
Lunch Roundtable: Emerging Issues in Takings and Eminent Domain Law
Panel 3: The Reach of Government's Confiscatory Powers Over Exigencies and Emergencies
Panel 4: The Risk of Unjust Compensation
Brigham-Kanner Property Rights Journal, Volume 9, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 9, William & Mary Law School
Brigham-Kanner Property Rights Journal
The State of Regulatory Takings
October 3-4, 2019
Panel 1: The State of Regulatory Takings Jurisprudence: A Tribute to Eagle
Panel 2: Public Resources and Private Rights
Panel 3: Natural Gas and Other Energy Takings: Protecting Private Property Rights When the Public Interest is Promoted By a Non-Governmental Entity
Panel 4: Property and Poverty
Featured Author (Eagle)
Reflections On Rural Resilience: As The Climate Changes, Will Rural Areas Become The Urban Backyard?, Elizabeth Andrews, Jesse Reiblich
Reflections On Rural Resilience: As The Climate Changes, Will Rural Areas Become The Urban Backyard?, Elizabeth Andrews, Jesse Reiblich
William & Mary Environmental Law and Policy Review
This Article discusses the impacts of climate change on rural communities, including how they can exacerbate current economic and environmental challenges there, such as increasing absentee landownership and nonexistent or failing septic systems. It focuses on the accompanying policy challenges in addressing these issues with an emphasis on efforts to address the needs of socially vulnerable communities. Additionally, it proposes key policy recommendations, including funding, planning for sea level rise, public education and communication, and addressing rural needs in the Chesapeake Bay Total Maximum Daily Load (“TMDL”) process.
Environmental Federalism As Forum Shopping, Cale Jaffe
Environmental Federalism As Forum Shopping, Cale Jaffe
William & Mary Environmental Law and Policy Review
Public policy advocates of all stripes—litigators, politicians, or newspaper columnists—invoke principles of federalism when they are imploring Congress to respect limits imposed by Article I, and when they are insisting that a state legislature accede to the supremacy of a duly enacted national law, invoking Article VI. Yet historically, application of the term, “federalism,” at least in the context of environmental law, has been driven far more by pragmatic considerations than constitutional ones.
This pragmatic approach should not be surprising because, at its core, federalism simply asks what is the right level of government to solve a given problem. After …
Cubular Corridors: Merging Vertical Urbanism With Accessibility Initiatives, Michael N. Widener
Cubular Corridors: Merging Vertical Urbanism With Accessibility Initiatives, Michael N. Widener
William & Mary Environmental Law and Policy Review
No abstract provided.
Brigham-Kanner Property Rights Journal, Volume 8, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 8, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Federalism Dimension of Constitutional Property
October 4-5, 2018
Panel 1: The Federalism Dimension of Constitutional Property: A Tribute to Sterk
Panel 2: Background Principles of Common Law and Constitutional Property
Lunch Roundtable: Other Emerging Issues in Constitutional Protection of Property
Panel 4: The Constitutionality of Land Use Exactions
Contributing Author (Reveley)
Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Future of Regulatory Takings
October 12-13, 2017
Panel 1: The Future of Land Use Regulation: A Tribute to Callies
Panel 3: Property Rights in Water
Panel 4: The Denominator Problem and Other Emerging Issues in the Regulatory Takings Field
Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann
Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann
William & Mary Environmental Law and Policy Review
No abstract provided.
Waterfront Property Rights: The Potential Impact Of Government Projects, Emily Messer
Waterfront Property Rights: The Potential Impact Of Government Projects, Emily Messer
Virginia Coastal Policy Center
No abstract provided.
Bike Lanes, Not Cars: Mobility And The Legal Fight For Future Los Angeles, Ernesto Hernandez-Lopez
Bike Lanes, Not Cars: Mobility And The Legal Fight For Future Los Angeles, Ernesto Hernandez-Lopez
William & Mary Environmental Law and Policy Review
In 2015, the City of Los Angeles adopted the controversial Mobility Plan 2035. The Plan restructures city transportation planning by emphasizing alternatives to cars for the next twenty years. Predictably, bike lanes became its most polemic aspect. The Plan envisions dramatic increases in bike lanes throughout car-obsessed Los Angeles. This bike lane increase was challenged in court, with objectors claiming that eliminating car lanes would increase congestion and compromise air quality. These arguments are ironic, since environmental justifications typically motivate bike projects.
The Mobility Plan illustrates how law supports and challenges bike lane projects. This Article argues that although this …
The Impact Of The Tobacco Buyout On The Commonwealth's Open Spaces: Protecting Open Land By Expanding The Scope Of Use Value Assessment, Mary Atkinson
The Impact Of The Tobacco Buyout On The Commonwealth's Open Spaces: Protecting Open Land By Expanding The Scope Of Use Value Assessment, Mary Atkinson
William & Mary Environmental Law and Policy Review
No abstract provided.
Itenant: How The Law Should Treat Rental Relationships In The Sharing Economy, Matthew Rosendahl
Itenant: How The Law Should Treat Rental Relationships In The Sharing Economy, Matthew Rosendahl
William & Mary Law Review
No abstract provided.
The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, Mark L. (Buzz) Belleville
The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, Mark L. (Buzz) Belleville
William & Mary Environmental Law and Policy Review
No abstract provided.
Exploiting Ambiguity In The Supreme Court: Cutting Through The Fifth Amendment With Transferable Development Rights, Trevor D. Vincent
Exploiting Ambiguity In The Supreme Court: Cutting Through The Fifth Amendment With Transferable Development Rights, Trevor D. Vincent
William & Mary Law Review
No abstract provided.
From The Seas To The Stars: A Case For Developing Offshore Spaceports On States’ Submerged Lands, Joseph Michael Carroll
From The Seas To The Stars: A Case For Developing Offshore Spaceports On States’ Submerged Lands, Joseph Michael Carroll
William & Mary Environmental Law and Policy Review
No abstract provided.
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Virginia Coastal Policy Center
No abstract provided.
The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders
The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders
Virginia Coastal Policy Center
No abstract provided.
The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill
Virginia Coastal Policy Center
No abstract provided.
Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands, Kamille Wolff Dean
Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands, Kamille Wolff Dean
William & Mary Environmental Law and Policy Review
This Article posits that corporate real estate development of coastal property can coexist with conservation strategies to preserve the ecological and cultural integrity of the barrier islands along the southeastern seaboard. Reformed corporate land use techniques that reflect prudent and sustainable master-planned communities may result in manageable natural and cultural resource preservation. The Introduction defines the historical, cultural, and ecological significance of the Sea Islands, an archipelago stretching from the Carolinas to Florida. Part I presents a series of corporate real estate redevelopment projects on the Sea Islands for analysis. Part II sets forth viable solutions for the implementation of …
Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman
Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman
William & Mary Environmental Law and Policy Review
No abstract provided.
A Coordinated Approach To Growth Control In Northern Virginia, John R. Annand
A Coordinated Approach To Growth Control In Northern Virginia, John R. Annand
William & Mary Law Review
No abstract provided.
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
William & Mary Environmental Law and Policy Review
No abstract provided.