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Full-Text Articles in Law
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
Michael A Wolf
While the costs of some Sea-Level Rise (SLR) adaptation tools are undeniably daunting, the American legal system poses an additional, potentially budget-busting impediment — the Takings Clause of the Fifth Amendment to the United States Constitution. Officials at all governmental strata and from all three branches should keep the demands made by the Takings Clause, as interpreted by the judiciary, in mind as they choose tools from the diverse SLR-adaptation toolbox, as they justify their choices to the electorate and other constituencies, as they put those tools to use, and as they defend that use from litigants claiming abuse. This …
Still An Issue: The Taking Issue At 40, Patricia E. Salkin
Still An Issue: The Taking Issue At 40, Patricia E. Salkin
Patricia E. Salkin
In October 2013, with the launch of Touro Law Center’s new Institute on Land Use and Sustainable Development Law, the Touro Law Review held a symposium to commemorate the 40th anniversary of “The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-Owned Land Without Paying Compensation to the Owners” (The Takings Issue), the Council on Environmental Quality’s seminal report by Fred Bosselman, David Callies and John Banta. For this symposium Touro Law Review assembled some of today’s leading luminaries to reflect on how the taking issue has evolved and to assess where …
The Costs And Consequences Of Suburban Sprawl: The Case Of Metro Atlanta, Robert Bullard, Glenn Johnson, Angel Torres
The Costs And Consequences Of Suburban Sprawl: The Case Of Metro Atlanta, Robert Bullard, Glenn Johnson, Angel Torres
Glenn S Johnson
No abstract provided.
The Costs And Consequences Of Suburban Sprawl: The Case Of Metro Atlanta, Robert Bullard, Glenn Johnson, Angel Torres
The Costs And Consequences Of Suburban Sprawl: The Case Of Metro Atlanta, Robert Bullard, Glenn Johnson, Angel Torres
Robert D Bullard
No abstract provided.
Controlling Power Plants: The Co-Pollutant Implications Of Epa's Clean Air Act § 111(D) Options For Greenhouse Gases, Alice Kaswan
Controlling Power Plants: The Co-Pollutant Implications Of Epa's Clean Air Act § 111(D) Options For Greenhouse Gases, Alice Kaswan
Alice Kaswan
Existing power plants are the nation’s largest single source of carbon emissions. In the absence of comprehensive federal climate change, EPA is forging ahead with power plant controls through § 111(d) of the Clean Air Act. This article focuses on one critical consideration: the ancillary impacts of carbon controls on associated co-pollutants, like sulfur oxides, particulates, nitrogen oxides, and mercury. The article focuses on an array of regulatory options, including both “inside-the-fence” reductions at power plants and “outside-the-fence” measures that reduce power sector emissions, like renewable energy and consumer energy efficiency. The article then evaluates the co-pollutant consequences of several …
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
A. Michael Froomkin
US law has remarkably little to say about mass surveillance in public, a failure which has allowed the surveillance to grow at an alarming rate – a rate that is only set to increase. This article proposes ‘Privacy Impact Notices’ (PINs) — modeled on Environmental Impact Statements — as an initial solution to this problem. Data collection in public (and in the home via public spaces) resembles an externality imposed on the person whose privacy is reduced involuntarily; it can also be seen as a market failure caused by an information asymmetry. Current doctrinal legal tools available to respond to …