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Full-Text Articles in Law

Achieving The Purpose Of Ipa- A Case Of Hit And Miss, Tammy Johnson Nov 2008

Achieving The Purpose Of Ipa- A Case Of Hit And Miss, Tammy Johnson

Tammy Johnson

Extract:

The introduction of the Integrated Planning Act 1997 (Qld) ('IPA') saw planning law in Queensland implement extensive reform measures. The catch-cry for IPA was 'integration'.

IPA looked to provide a completely integrated development assessment system ('IDAS'). This system sought to combat the inefficiencies experienced under the previous Local Government (Planning and Environment) Act 1990 (Qld). *

Town Planning legislation in Queensland had its roots in the 1930s and until IPA the fundamental nature of the legislation had remained virtually unchanged. In its second reading speech to Parliament on 30 October 1997 * Hon. D.E. McCauley touted IPA as 'state-of-the-art …


Tiny Fish/Big Battle: 30 Years After Tva And The Snail Darter Clashed, The Case Still Echoes In Caselaw, Politics, And Popular Culture, Zygmunt J.B. Plater Mar 2008

Tiny Fish/Big Battle: 30 Years After Tva And The Snail Darter Clashed, The Case Still Echoes In Caselaw, Politics, And Popular Culture, Zygmunt J.B. Plater

Zygmunt J.B. Plater

No abstract provided.


The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara Bronin Dec 2007

The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara Bronin

Sara C. Bronin

Thirty-seven years ago, a book called The Quiet Revolution in Land Use Control argued that states would soon take over localities' long-held power over land use regulation. In the authors' view, this quiet revolution would occur when policymakers and the public recognized that certain problems - like environmental destruction - were too big for localities to handle on their own. Although the quiet revolution has not yet occurred, this Article suggests that it will, and should, occur alongside the ever-growing green building movement. This movement presents practical and ideological challenges to our current system of regulating land use. This Article …


Using Mandates And Incentives To Promote Sustainable Construction And Green Building Projects In The Private Sector: A Call For More State Land Use Policy Initiatives, Carl J. Circo Dec 2007

Using Mandates And Incentives To Promote Sustainable Construction And Green Building Projects In The Private Sector: A Call For More State Land Use Policy Initiatives, Carl J. Circo

Carl J. Circo

Earlier this year, the United Nations released Buildings and Climate Change, which reports that 30-40% of all primary energy is used in buildings. A host of other authorities have joined the U.N. in calling for green building standards, not only to conserve energy, but also to achieve more socially responsible real estate development. A discernable movement is now afoot for government to play a significant role in promoting green building projects. But there is not yet agreement on what that role should be. In particular, green building standards have not yet found their place within the realm of land use …


2008-09 Cnu Blog Posts, Michael Lewyn Dec 2007

2008-09 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn

Blog posts from the now-defunct CNU blog


Acerca Del Dominio Público Y Dominio Privado Del Estado., Walter Vásquez Rebaza Dec 2007

Acerca Del Dominio Público Y Dominio Privado Del Estado., Walter Vásquez Rebaza

Walter Vásquez Rebaza

No abstract provided.


Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow Dec 2007

Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow

Donald J. Kochan

Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …


Greenwashed?: Developers, Environmental Consciousness, And The Case Of Playa Vista, Matthew J. Parlow Dec 2007

Greenwashed?: Developers, Environmental Consciousness, And The Case Of Playa Vista, Matthew J. Parlow

Matthew Parlow

While many businesses are becoming greener, development corporations may have the greatest incentive to integrate environmental values into their everyday business practices. With the effects of urbanization, suburbanization, and sprawl, cities are increasingly requiring environmental mitigation measures for approval of new development. In response, some development corporations may become greenwashed to obtain discretionary land use approvals to build their proposed developments. Others may build greener developments to meet the market demand from environmentally conscious buyers. An increasing number of developers, however, adopt environmentally responsible business practices for, at least in significant part, altruistic reasons. A prime example of this phenomenon …