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Full-Text Articles in Law

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 Jul 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 …


How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn Jun 2007

How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn

Michael E Lewyn

Shows how zoning law in Jacksonville contributes to automobile dependence.


Planners Gone Wild: The Overregulation Of Parking, Michael E Lewyn, Shane Cralle Mar 2007

Planners Gone Wild: The Overregulation Of Parking, Michael E Lewyn, Shane Cralle

Michael E Lewyn

A review of Donald Shoup's book, The High Cost of Free Parking (to be published in William Mitchell Law Review).


The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth Stahl Mar 2007

The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth Stahl

Kenneth Stahl

This article argues that suburban municipalities obtained a privileged status vis-à-vis cities in American law – a reversal of the historical pattern – because the suburbs, as conceived by legislators and the judiciary, were more readily integrated as organs of the modern administrative state. In particular, where the city represented a mode of organization that emphasized autonomy from the sovereign and the rights of the collectivity as against those of the individual, the suburb was constructed as a conduit for the State to exert authority on and distribute goods to isolated single-family homeowners. This article traces the evolution of the …


Watts My Line? Energy Generation Siting Strategies For Urban Areas, Caleb W. Christopher Feb 2007

Watts My Line? Energy Generation Siting Strategies For Urban Areas, Caleb W. Christopher

Caleb W Christopher

The growth of urban areas has historically been both constrained and encouraged by energy and related infrastructure. Varying degrees of regulation have been sought to respond to compelling public safety needs: more recently, modern environmental law system was derived from public conflicts over siting of an energy plant. While the greater urban density offers reduced per-capita energy consumption rates, contemporary urban revitalization has brought a greater amount of people into closer contact with their energy sources. The unique geography, and increased securities needs, of urban areas demand both reliability and local proximity in energy source production. Urban siting issues will …


Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves Feb 2007

Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves

Roger M. Groves

Almost $6 billion in taxes paid by the American people have been rather ubiquitously placed in the hands of a federal subsidy program for investors in low income communities. The subsidy is in the form of a tax credit. The program is entitled the New Markets Tax Credit (“NMTC”) initiative. Under the program, the tax credit is used to lure investors to provide equity capital into low income areas, urban and/or rural (i.e. a new market for equity funding). According to my companion law review article (Florida Tax Review, Spring, 2007; The Florida Tax Review was ranked 1st among tax …


Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves Feb 2007

Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves

Roger M. Groves

Almost $6 billion in taxes paid by the American people have been rather ubiquitously placed in the hands of a federal subsidy program for investors in low income communities. The subsidy is in the form of a tax credit. The program is entitled the New Markets Tax Credit (“NMTC”) initiative. Under the program, the tax credit is used to lure investors to provide equity capital into low income areas, urban and/or rural (i.e. a new market for equity funding). According to my companion law review article (Florida Tax Review, Spring, 2007; The Florida Tax Review was ranked 1st among tax …


Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves Dec 2006

Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves

Roger M. Groves

Almost $6 billion in taxes paid by the American people have been rather ubiquitously placed in the hands of a federal subsidy program for investors in low income communities. The subsidy is in the form of a tax credit. The program is entitled the New Markets Tax Credit (“NMTC”) initiative. Under the program, the tax credit is used to lure investors to provide equity capital into low income areas, urban and/or rural (i.e. a new market for equity funding). According to my companion law review article (Florida Tax Review, Spring, 2007; The Florida Tax Review was ranked 1st among tax …


Regulating Land Use In A Constitutional Shadow: The Institutional Contexts Of Exactions, Mark Fenster Dec 2006

Regulating Land Use In A Constitutional Shadow: The Institutional Contexts Of Exactions, Mark Fenster

Mark Fenster

In a refreshingly clear and comprehensive decision issued towards the end of its 2004 Term, the Supreme Court explained in Lingle v. Chevron (2005) that the Takings Clause requires compensation only for the effects of a regulation on an individual’s property rights. Under the substantive due process doctrine, by contrast, courts engage in a deferential inquiry into both a regulation’s validity and the means by which the regulation attempts to meet the government’s objective. Lingle’s explanation appeared to cast doubt on the doctrinal foundation and reach of Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), …


The Takings Clause, Version 2005: The Legal Process Of Constitutional Property Rights, Mark Fenster Dec 2006

The Takings Clause, Version 2005: The Legal Process Of Constitutional Property Rights, Mark Fenster

Mark Fenster

The three takings decisions that the Supreme Court issued at the end of its October 2004 Term marked a stunning reversal of the Court’s efforts the past three decades to use the Takings Clause to define a set of constitutional property rights. The regulatory takings doctrine, which once loomed as a significant threat to the modern regulatory state, now appears after Lingle v. Chevron to be a relatively tame, if complicated, check on exceptional instances of regulatory abuse. At the same time, the Public Use Clause, formerly an inconsequential limitation on the state’s eminent domain authority, now appears ripe for …