Law Commons^™

Development Of Functional Indices Of Facility Occurrence Towards The Distribution Of Social Services In Lagos Island Nigeria., Augustus O. Atubi

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Proper coordination of transport and public facilities provision is vital to any balanced regional development strategy. The central aim of this study, therefore, is to find out what the relationship is between access to the transport network and the provision of functional indices of facility occurrence towards the distribution of social services in Lagos Island, Nigeria. In particular it seeks to find out areas that have below or above average level of facility occurrences relative to the level of accessibility. However, a pair wise correlation matrix of the eleven (11) variables employed in the index construction was carried out. The …

Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This paper is a transcript of testimony by Professor J. Peter Byrne before the U.S. Civil Rights Commission on August 12, 2011.

This hearing addresses claims that the use of eminent domain for economic development unfairly and disproportionately harms racial and ethnic minorities. These claims draw on the history of urban renewal prior to the 1960’s, when many African Americans and others were displaced by publicly funded projects that bulldozed their homes in largely failed attempts to modernize cities. Justice Clarence Thomas’s dissent in Kelo v. City of New London further argued that the use of eminent domain for economic …

Urban Climate And Challenges Of Tropical Cities, B E. Omogbai

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

This study examines the nature of urban climate, features and the challenges on the developing tropical cities in the 21st century. It argues that the use of principles of urban climate would help in providing comfortable living conditions and problem immune working environments for the inhabitants of tropical cities. The findings reveal that owing to poor environmental planning, inadequate geotechnical landscape surveys prior to the development of urban infrastructures, and non-adherence to the principles of urban climate, challenges of landscape degradation, excessive flooding of the built infrastructures, heat-island effects, and collapse of buildings have emerged. Suggested measures to avert these …

Expedience Of Information Technology Case Management Database Systems In Curbing Inconsistent Decisions Of Supreme Court And Court Of Appeal In Nigeria, Chinedu Chibueze Ihenetu-Geoffrey

Chinedu Chibueze Ihenetu-Geoffrey

Quality is never an accident, it is always the result of high intention, sincere effort, intelligent direction and skilful execution. It represents the wise choice of many alternatives. When one looks at the impressive presentation of cases and law reports through effective IT database in other jurisdictions of the world, what readily comes to mind is that there is indeed a possibility of perfection where attention has been paid to fine details. Indeed, only the most cynical of legal practitioners would be left unimpressed by the excellent and exciting IT case management systems that these jurisdictions have brilliantly succeeded in …

Detecting Changes In Landuse/Cover Of Umuahia, South-Eastern Nigeria Using Remote Sensing And Gis Techniques, Fanan Ujoh, Olarewaju Oluseyi Ifatimehin, Adams Ndalai Baba

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Since 1991 when it became the capital city of Abia State, Umuahia has undergone tremendous transformation in its land use and land cover due to rapid urbanization. The main materials employed for this study are a land use map (1991) and Landsat ETM+satellite image (2007) of the study area. These, combined with field survey/checks, were brought into a GIS environment using ILWIS 3.2 Academic image classification software to map the land use/land cover and to estimate the rate of urban expansion and loss of rural land at the peri-urban fringes of Umuahia between 1991 and 2007. The study revealed significant …

Examining The Public Use Doctrine And Whether Expanding A Private University Is A Public Use, Chad Olsen

Brigham Young University Journal of Public Law

No abstract provided.

Values As Part Of The Clinical Experience, Jaime Baker Roskie

Scholarly Works

This essay is based on a short talk I gave at the “Practically Grounded” conference hosted by Pace Law School’s Land Use Law Center. This piece discusses the University of Georgia (UGA) Land Use Clinic, specifically why and how I interact with my students in the classroom about values as part of the clinic experience. It attempts to tie my own teaching methods to those suggested in Best Practices for Legal Education.

Virtues Of Common Ownership, Anna Di Robilant

Faculty Scholarship

Professor Michael Sandel's theory of justice is attractive and inspirational for lawyers interested in social change. Sandel's call to go beyond egalitarian liberalism has real and important implications for legal and institutional engineering. However, Sandel's theory of justice is parsimonious of recommendations for medium level institutional design. It offers little detailed guidance to private lawyers called upon to design background rules for the allocation of scarce resources and necessary burdens. This essay will discuss how Sandel's theory of justice may help orient the work of lawyers and policymakers interested in a question that is central to recent property debates: the …

Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin

Seattle University Law Review

For decades prior to 2005, Fifth Amendment regulatory takings jurisprudence languished in a state of confused neglect. Rather than articulating a clearly discernable standard for determining whether a violation of the Takings Clause had occurred, Justices rebuffed government action that seemed to amount to “an out-and-out plan of extortion” and nodded in approval when they deemed the government to have “acted diligently and in good faith” or in furtherance of a “compelling interest.” In trying to parse this imprecise thicket, scholars have characterized the Court’s approach to regulatory takings as a “muddle,” in “disarray,” and “incoherent.” Professor Kent even noted …

New York City Zones Out Free Expression, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Social Contract Theory Of John Locke (1932-1704) In The Contemporary World, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The 17th century period was marked by an attempt to erect effective safeguard against violations of natural law by governments. Law in this period was conceptualized as an instrument for the prevention of autocracy and despotism. Absolutism in Europe that was associated with governmental encroachments necessitated a strong shield of individual liberty. In this period legal theory placed the main emphasis on liberty, thus the law was to render governments capable of functioning as a guarantor of individual rights. This paper aims at examining the social contract theory of the 17th-century English philosopher, John Locke, its parameters, limitations and its …

Gender Participation In The Management Of Tricycle Transport For Youth Empowerment And Sustainable Development In Kano State, Nigeria, Nuratu Muhammed

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

The research examined gender participation in the management of tricycle for youth empowerment and sustainable development in Kano state, Nigeria. Stratified random sampling technique was used to select samples of drivers(150), passengers (150) and owners/managers the female tricycle owners fell under this category and they numbered(65).All together a total of 365 samples were selected for the study. Data obtained from the primary data was analyzed using simple statistical techniques and chi square test to ascertain whether there was any significant differences in some of the variables tested. The results of the analysis revealed that the main difference was found in …

Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

In June 2011, CCSI released a consultative draft report on Resource-Based Sustainable Development in the Lower Zambezi Basin, the result of a year-long inquiry into how the vast resource deposits in Tete province, combined with other major investments along the Nacala and Beira corridors, can be the basis for sustainable, equitable and inclusive growth in the Lower Zambezi Basin.

The report recommends a framework of actions by Mozambique and its public and private partners to ensure that Mozambique reaps a major boost to economic development from its vast resource endowments, while also respecting the profitability of private-sector investments in …

The Darker Side Of Americas Wonderland A Study Of The First Four Decades Of Yellowstone National Park, Elizabeth M. Sargent

Honors Theses

Those who first stumbled across the steaming, bubbling land of Northwestern Wyoming in 1860s and early 1870s described it as “Hell on Earth.” Over the course of a few decades, the land underwent a vast transformation, which replaced “Hell” with “Wonderland” in visitors’ minds. The year 1872 represents a turning point in environmental legislation and marks the conception of Yellowstone, America’s first national park. While creating a national park preserved, for the first time, the country’s natural wonders, the 1872 act included no direction for management, no allocation of funds for upkeep, and no system set in place to manage …

Irish Hills Natural Reserve Conservation Plan Update, Bijan N. Riley

Master's Theses

The Irish Hills Natural Reserve Conservation Plan is a unique component of the City
of San Luis Obispo’s green belt that provides a number of hiking and mountain biking
trails within a short distance from the downtown core as well as ensures that valuable
habitat be preserved into the future. As the subject of my thesis project, IHNR presented the opportunity to pursue an aspect of city planning that can often be over-looked and, conservation planning. Conservation planning is an important element of the planning profession in that it incorporates such elements into the future growth of cities. With proper …

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …

In Making Disaster Plans, We Have To Imagine The Worst Case, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

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.

Recovery In Japan: Will It Be Heavy-Handed Or Hands-Off?, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

Community Growth And Land Use, Susan Kelly

Publications

No abstract provided.

Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey

Buffalo Environmental Law Journal

No abstract provided.

I Want To Ride My Bicycle: Why And How Cities Plan For Bicycle Infrastructure, Ryan Seher

Buffalo Law Review

No abstract provided.

A Coordinated Approach To Growth Control In Northern Virginia, John R. Annand

William & Mary Law Review

No abstract provided.

Stop The Stop The Beach Plurality!, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of "judicial takings," and justified it with arguments drawing on text, history, precedent, and "common sense." This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited.

Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra

Sustainable Development Law & Policy

No abstract provided.

Mobile Phones: Reshaping The Flow Of Urban-To-Rural Remittances, Bethany Brown

Sustainable Development Law & Policy

No abstract provided.

Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow

Sustainable Development Law & Policy

No abstract provided.

A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar

Sustainable Development Law & Policy

No abstract provided.

Cultivating Urban Forests Policies In Developing Countries, Janet A. Choi

Sustainable Development Law & Policy

No abstract provided.

Resource Recovery And Materials Flow In The City: Zero Waste And Sustainable Consumption As Paradigms In Urban Development, Steffen Lehmann

Sustainable Development Law & Policy

No abstract provided.