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Full-Text Articles in Law

Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg Sep 2019

Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud Sep 2019

When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud

Ronald H. Rosenberg

No abstract provided.


The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg Sep 2019

The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata Sep 2019

Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Ronald H. Rosenberg

No abstract provided.


The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg Sep 2019

The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg Sep 2019

Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Cooperative Failure: An Analysis Of Intergovernmental Relationships And The Problem Of Air Quality Non-Attainment, Ronald H. Rosenberg Sep 2019

Cooperative Failure: An Analysis Of Intergovernmental Relationships And The Problem Of Air Quality Non-Attainment, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg Sep 2019

The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg Sep 2019

The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


The Federal-Aid Highway Construction Process: Procedures, Cases, And Plaintiff Strategies, Ronald H. Rosenberg, Allen H. Olson Sep 2019

The Federal-Aid Highway Construction Process: Procedures, Cases, And Plaintiff Strategies, Ronald H. Rosenberg, Allen H. Olson

Ronald H. Rosenberg

No abstract provided.


The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg Sep 2019

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Making Renewable Energy A Reality-Finding Ways To Site Wind Power Facilities, Ronald H. Rosenberg Sep 2019

Making Renewable Energy A Reality-Finding Ways To Site Wind Power Facilities, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata Sep 2019

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Ronald H. Rosenberg

The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …


Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein Sep 2019

Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein

Ronald H. Rosenberg

No abstract provided.


Harmonious Federalism In Support Of National Energy Goals – Increased Wind Renewable Energy, Ronald H. Rosenberg Sep 2019

Harmonious Federalism In Support Of National Energy Goals – Increased Wind Renewable Energy, Ronald H. Rosenberg

Ronald H. Rosenberg

American energy policy has slowly begun to change the mix in the sources of supply of electricity to residences, industry, and businesses. Renewable sources of electricity have been promoted as future contributors of large portions of the nation's electricity consumption. Wind power has been identified as a potentially substantial future electricity source contributing up to 20% of American demand 2030. To achieve these optimistic goals, there must be: (1) cost-effective, reliable energy technology; (2) sufficient investment capital to finance new construction; and (3) the existence of supportive governmental policies at all levels government. This article discusses the importance of inter-governmental …


Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg Sep 2019

Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg Sep 2019

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Ronald H. Rosenberg

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …


Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson Sep 2019

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Ronald H. Rosenberg

No abstract provided.


Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg Sep 2019

Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg

Ronald H. Rosenberg

Since the 1970s, environmental protection goals have gone from general statements of political desire to highly articulated systems of environmental regulation implemented by federal, state, and local governments. Environmental statutes have been enacted giving administrative agencies such as the U.S. Environmental Protection Agency (EPA) the responsibility for translating broad policy goals into specific regulatory requirements. Through its enforcement program, EPA seeks to assure that these general goals are achieved by individual actors. This Article examines a recent trend in EPA's practices, increased reliance on internal agency methods of enforcement. The study analyzes EPA's administrative enforcement system with particular emphasis on …


Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg Sep 2019

Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg Sep 2019

Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Federal Protection For Archaeological Resources, Ronald H. Rosenberg Sep 2019

Federal Protection For Archaeological Resources, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg Sep 2019

Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg Sep 2019

Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg Sep 2019

Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Book Review Of Natural Resources Policy And Law: Trends And Directions, Ronald H. Rosenberg Sep 2019

Book Review Of Natural Resources Policy And Law: Trends And Directions, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman Sep 2019

Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman

Ronald H. Rosenberg

No abstract provided.


Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg Sep 2019

Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.