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Full-Text Articles in Law

At War With The Environment, David A. Wirth Nov 2011

At War With The Environment, David A. Wirth

David A. Wirth

In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.


Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater Oct 2011

Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater

Zygmunt J.B. Plater

America’s reentry into the Coal Age has been one of the major consequences of the Mideast oil-producing nations’ discovery of their collective marketing power, and in this new emphasis on coal the United States is not alone. Like the United States, many industrialized nations with domestic coal reserves had allowed their coal industries to languish under the influence of low-priced, petroleum based energy economy and are now hastening to strengthen their coal production. Different nations approach the regulation of their resurgent coal industries in varying ways, however, and these differences can be instructive to American observers, particularly as they relate …


Reflections On Fair Housing Law, Tim Iglesias Apr 2011

Reflections On Fair Housing Law, Tim Iglesias

Tim Iglesias

This presentation offered reflections on the state of fair housing law in light of numerous studies evaluating its effectiveness. It argues that while enforcement needs to be improved, fair housing advocates must also employ complementary strategies to reform social norms.


Toward A Bureau Of Landscape Management: The Evolution Of Blm's Conservation Mission, Phillip H. Hanceford, Nada Wolff Culver Jan 2011

Toward A Bureau Of Landscape Management: The Evolution Of Blm's Conservation Mission, Phillip H. Hanceford, Nada Wolff Culver

Phil Hanceford

The years 2011 and 2012 mark important milestones for the Bureau of Land Management (BLM), an agency within the United States Department of the Interior. The 65th anniversary of the agency, the 35th anniversary of its organic act, FLPMA, the 150th anniversary of the Homestead Act, and the 200th anniversary of the agency’s predecessor, the General Land Office. With these events and the dawning of a new age of conservation within the BLM by entering the second decade of the National Landscape Conservation System, it is appropriate to take a step back to examine where the agency has come from …


Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, Scott A. Shepard Jan 2011

Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, Scott A. Shepard

Scott A. Shepard

Adverse-possession doctrine labors under a pair of disabilities: a hesitancy by theorists to embrace the abandonment-and-recapture principle that informs the doctrine, and a substantial unwillingness of governments to abandon an antiquated and outmoded maxim shielding them from the doctrine’s important work. Removing these disabilities will allow a series of positive outcomes. First, it will demonstrate that all would-be adverse possessors, not just those acting “in good faith” or with possessory intent, should enjoy the fruits of the doctrine. Second, it will provide valuable additional means by which the public may monitor the performance of government employees, and additional discipline to …


Will Green Building Contracts Transform Construction And Design Law?, Carl J. Circo Dec 2010

Will Green Building Contracts Transform Construction And Design Law?, Carl J. Circo

Carl J. Circo

The sustainable construction movement may eventually transform construction law and practice. Alternatively, sustainability in the built environment may simply be absorbed into the existing fabric of construction contracting. Using the lens of design and construction law theory, this article examines selected project structures and contract provisions being used or proposed in the design and construction industry to allocate the special risks associated with green building standards and objectives. Green building contracts will inevitably reflect industry practices derived from theories of liability and risk allocation that have dominated construction and design law for decades. But established practices and legal theories do …