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- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (10)
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Articles 1 - 30 of 49
Full-Text Articles in Law
Property Law, W. Wade Berryhill
Property Law, W. Wade Berryhill
Law Faculty Publications
As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session. Several judicial decisions, although none could be described as landmark determinations, are of interest and clarify points of law. These cases, as well as selected items of legislation which are believed to be of the most practical interest to …
Ten Years Of Takings, Gregory S. Alexander
Ten Years Of Takings, Gregory S. Alexander
Cornell Law Faculty Publications
No area of property law has been more controversial in the past decade than takings. No aspect of constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the just compensation question. No question concerning constitutional property is more intractable than what sorts of government regulatory actions constitute uncompensated "takings" of private property.
Limitations of space, not to mention my own ambivalence about many of the issues, prevent me from developing a complete normative theory of the proper scope of the Takings Clause. My aim here is vastly more modest: to outline the basic …
Paying The Wrong Debt, Roger Bernhardt
Paying The Wrong Debt, Roger Bernhardt
Publications
This article discusses a California case where a lender’s failure to obtain a proper subordination agreement constituted culpable negligence and led to the denial of equitable subrogation for the amounts advanced.
Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma
Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma
Faculty Scholarship
No abstract provided.
The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power
The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power
Faculty Scholarship
No abstract provided.
Prepayment Pitfalls, Roger Bernhardt
Prepayment Pitfalls, Roger Bernhardt
Publications
This article discusses prepayment dangers in California.
Don’T Take Listings Too Lightly, Roger Bernhardt
Don’T Take Listings Too Lightly, Roger Bernhardt
Publications
This article discusses exclusive listings in California, and the effect of safety, and withdrawal clauses in them for sellers who wish to discharge their brokers.
Essential Elements Of Amendments To The Endangered Species Act, John Harja
Essential Elements Of Amendments To The Endangered Species Act, John Harja
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
14 pages.
Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin
Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
11 pages.
The Endangered Species: The Urban Water Utility Perspective, Chips Barry
The Endangered Species: The Urban Water Utility Perspective, Chips Barry
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
24 pages.
How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles
How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
21 pages.
Contains footnotes.
The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.
The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
28 pages.
Contains 2 pages of references.
Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft
Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
9 pages.
Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh
Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
24 pages.
Contains 3 pages of references.
Waiting To Exhale Under The Esa: The Evolution Of Hcps And Section 4(D) Rules, Donald J. Barry
Waiting To Exhale Under The Esa: The Evolution Of Hcps And Section 4(D) Rules, Donald J. Barry
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
16 pages.
The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe
The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
13 pages.
Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.
All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …
Secretly Severing Joint Tenancies, Roger Bernhardt
Secretly Severing Joint Tenancies, Roger Bernhardt
Publications
This article discusses California cases involving severing joint tenancies and the differences between joint tenancy or community property.
The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center
The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center
The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23)
19 pages.
Includes footnotes.
Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on April 23, 1996.
Contents: National Park Service regulation of private mineral estates / David B. Shaver -- Recent litigation regarding federal split estates : who has control? what are the limits? / Andrew C. Mergen -- The problem of federal-private split mineral estates / Scott W. Hardt
Many federally owned lands overlie privately owned oil and gas and mineral rights. Increasingly, the competition between agency multiple use directives and private interests in resource development has resulted in legal battles between …
Covenants Don’T Run Like They Used To, Roger Bernhardt
Covenants Don’T Run Like They Used To, Roger Bernhardt
Publications
This article discusses a California Supreme Court decision that CC&Rs recorded before the subdivider conveyed any lots in the subdivision were nevertheless binding on subsequent owners even when their deeds made no reference to those restrictions.
Whatever Happened To The Uniform Land Transactions Act?, Ronald B. Brown
Whatever Happened To The Uniform Land Transactions Act?, Ronald B. Brown
Faculty Scholarship
No abstract provided.
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Cornell Law Faculty Publications
This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …
Markets And Law Reform: The Tension Between Uniformity And Idealism, James C. Smith
Markets And Law Reform: The Tension Between Uniformity And Idealism, James C. Smith
Scholarly Works
The most ambitious effort at uniform property legislation ever launched was the Uniform Land Transactions Act (“ULTA”) and its companion, the Uniform Simplification of Land Transfers Act (“USLTA”). Both Acts, however, met with singular failure in the sense of uniform legislative shunning and have not substantially influenced judges in their lawmaking roles. In published opinions, very few courts have relied upon the ULTA or USLTA positions for analogous support.
Why did a single state legislature, somewhere in America, not pass at least one of the Acts? We cannot tell for sure why the legislatures eschewed the USLTA and the ULTA. …
The Antiwilderness Bias In American Property Law, John G. Sprankling
The Antiwilderness Bias In American Property Law, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
Plural Perils, Roger Bernhardt
Plural Perils, Roger Bernhardt
Publications
This article discusses the California one-action rule and its application in multiple security situations.
Teaching Real Property Law As Real Estate Lawyering, Roger Bernhardt
Teaching Real Property Law As Real Estate Lawyering, Roger Bernhardt
Publications
This Article describes an alternative way of teaching the Property course so as to have students appreciate that the rules covered there are relevant to the everyday practice of law. It concentrates on the use lawyers make of those rules, rather than treating the rules as ends in themselves.
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii
Faculty Scholarship
No abstract provided.
“I Will Build My House With Sticks”: The Splintering Of Property Interests Under The Fifth Amendment May Be Hazardous To Private Property, 20 Harv. Envtl. L. Rev. 397 (1996), Maureen Straub Kordesh
“I Will Build My House With Sticks”: The Splintering Of Property Interests Under The Fifth Amendment May Be Hazardous To Private Property, 20 Harv. Envtl. L. Rev. 397 (1996), Maureen Straub Kordesh
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Emperor Still Has Clothes: Fraudulent Conveyance Challenges After The Bfp Decision, 47 S.C. L. Rev. 563 (1996), Debra Pogrund Stark
The Emperor Still Has Clothes: Fraudulent Conveyance Challenges After The Bfp Decision, 47 S.C. L. Rev. 563 (1996), Debra Pogrund Stark
UIC Law Open Access Faculty Scholarship
No abstract provided.
Dual Regulation, Collaborative Management Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock
Dual Regulation, Collaborative Management Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Few would assert that the current governance model for managing the nation's public lands, which grants exclusive authority to the federal government, has protected the natural resource values of those lands or provided a framework for the harmonious resolution of conflicts over their use. Dissatisfaction is apparent from recurrent proposals to privatize public lands or to devolve their ownership to the states. The emergence of the "wise use" and "county supremacy" movements directly challenges the authority of the federal government to manage its land. While this new state and local assertiveness is not without historical basis nor completely without merit, …