Law Commons^™

A Federal Obligation, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

The History Of School Trust Lands In Nevada: The No Child Left Behind Act Of 1864, Christopher J. Walker

Christopher J. Walker

This Article details the history of the federal school lands grant program in Nevada - the first federal initiative to support public education in the new state. After providing a brief overview of federal land management history in the West, the Article presents the story of school lands in Nevada - tracing its birth in Congress and at the Nevada Constitutional Convention in 1864; analyzing the changes made by state constitutional amendments and court decisions; exploring Congress's attempts to adapt the program to Nevada's needs in the form of the two-million-acre grant of 1880 and the 30,000-acre exchange of 1926; …

Regularização Fundiária Sustentável Na Vila Acaba Mundo, Rafael De Oliveira Alves, Vívian Barros Martins

Rafael de Oliveira Alves

Na primeira seção apresentamos o Programa Pólos de Cidadania; e, em seguida, o seu Projeto na Vila Acaba Mundo. Na terceira parte, expomos referenciais teóricos e metodológicos da regularização fundiária; e, finalmente, a quarta parte, encarrega-se de apresentar uma proposta pedagógica inovadora para o ensino do direito urbanístico.

Princípios Do Direito À Cidade: Território Da Cidadania, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.

Construindo O Conceito De Justiça No Território Urbano, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.

Beyond Worship: The Religious Land Use And Institutionalized Persons Act Of 2000 And Religious Institutions' Auxiliary Uses, Sara Bronin

Sara C. Bronin

Religious institutions have long offered their congregants services that go beyond worship. Particularly in the last two decades, they have begun expanding far beyond their traditional offerings to a wider and more diverse array of auxiliary uses - non-worship uses that are affiliated with a religious institution. (One type of large religious institution, the megachurch, is fast gaining members by offering schools, community centers, dining facilities, even movie theaters and gymnasiums.) Government has long granted special protections to the worship uses of religious institutions. A recent federal law - the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) …

Palazzolo, The Public Trust, And The Property Owner’S Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan

Erin Ryan

South Carolina recently promulgated new guidelines regulating the State’s consideration of requests by private marsh island owners to build bridges for vehicular access through publicly owned marsh and tidelands. Many thousands of these islands hug the South Carolina coast, but they are surrounded by tidelands subject to South Carolina’s formidable public trust doctrine, which obligates the State to manage submerged lands and waterways for the benefit of the public. This piece evaluates the relationship between the public trust doctrine and the takings subtext to the debate over the new guidelines – a relationship that has become particularly interesting in the …

Rehabilitating Rehab Through State Building Codes, Sara C. Bronin

Sara C. Bronin

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.

Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan

Donald J. Kochan

It has long eluded regulators and private enforcers how to control the imposition of negative externalities. This paper will examine: (1) Whether existing authorities (like the Clean Water Act) are capable of providing regulation of urban runoff; (2) Whether, in light of economic controls, regulation of these activities are necessary; (3) A summary of recent runoff litigation; and (4) What is next; what should be next? Although each of these questions form background, the primary emphasis currently anticipated for this presentation is on traceability, collective action, and free rider problems that motivate regulation in this area. Often runoff is described …

Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow

Matthew Parlow