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Articles 1 - 12 of 12
Full-Text Articles in Law
The Divergent Evolution Of English Property Law, Jerry L. Anderson
The Divergent Evolution Of English Property Law, Jerry L. Anderson
Jerry L. Anderson
Despite the common origins of American and English property law, there are now some significant, and interesting, differences. This article examines five divergent aspects in the areas of title registration, limitations on ownership, condominiums, adverse possession, and foreclosure. In each case, the differences should cause us to think about whether our system represents the best approach, in terms of efficiency and fairness.
A Constitutional And Empirical Analysis Of Iowa's Administrative Rules Review Committee Procedure, Jerry L. Anderson
A Constitutional And Empirical Analysis Of Iowa's Administrative Rules Review Committee Procedure, Jerry L. Anderson
Jerry L. Anderson
Iowa gives a joint legislative committee, called the Administrative Rules Review Committee, significant power over agency rulemaking. The ARRC can delay a rule, either for a 70-day period, or until the end of the next legislative session. It can also object to a rule, which switches the burden of proof to the agency in any future judicial challenge and makes the agency liable for the litigation costs of successful challengers. In this article, the authors study fifteen years of ARRC activity to determine how the committee has used its authority, in order to assess the degree to which this mechanism …
The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson
The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson
Jerry L. Anderson
In 1822, the British Parliament enacted a landmark statute to punish the abuse of animals, known as Martin’s Act, named after Richard Martin, MP, who championed the bill. The Act provided a criminal penalty of up to £5 for the cruel treatment of cattle, a term which included horses, oxen, and sheep. Because the Act was the first national statute aimed at animal cruelty, scholars have naturally focused on its substance, which established an important new norm governing the relationship between humans and other animals. However, the Act would not have been successful without vigorous prosecution, which helped define the …
Protection For The Powerless: Political Economy History Lessons For The Animal Welfare Movement, Jerry L. Anderson
Protection For The Powerless: Political Economy History Lessons For The Animal Welfare Movement, Jerry L. Anderson
Jerry L. Anderson
In the last several decades, animal agriculture has experienced a dramatic shift in production methods, from family farms to concentrated industrial operations, with societal consequences comparable to the Industrial Revolution of the nineteenth century. The new confinement operations raise significant moral questions regarding the humane treatment of animals subject to modern methods that emphasize economics over animal welfare. The success of the animal welfare movement, however, hinges on whether society will adopt regulations, based on moral considerations, that are directly opposed to its economic self-interest. The situation is remarkably similar to the plight of child laborers caught in the transformation …
A Study Of American Zoning Board Composition And Public Attitudes Toward Zoning Issues, Jerry L. Anderson, Aaron Brees, Emily Renninger
A Study Of American Zoning Board Composition And Public Attitudes Toward Zoning Issues, Jerry L. Anderson, Aaron Brees, Emily Renninger
Jerry L. Anderson
The authors surveyed zoning boards in the over 100 of the largest U.S. cities to determine the occupational composition of board members. It comes as no surprise that the boards are overwhelming populated with white-collar citizens, with business owners and real estate development the most prevalent occupations represented. The authors then conducted a survey of citizens to determine whether this skewed board composition makes any difference to the decision-making process. The study concludes that the composition of the board does matter, but not always in ways one might predict.
Comparative Perspectives On Property Rights: The Right To Exclude, Jerry L. Anderson
Comparative Perspectives On Property Rights: The Right To Exclude, Jerry L. Anderson
Jerry L. Anderson
A comparative perspective can help students understand that the bundle of rights we call "property" can be allocated in a variety of ways, in order to serve societal interests. This article examines two variations on the right to exclude, which the American Supreme Court has declared to be "essential" to property ownership. Laotian hunting rights allow public access to private lands, clearly violating the right to exclude but providing important public benefits. Likewise, the right to roam in Britain qualifies the right to exclude to allow public hiking on private land. These examples help students realize that property rights represent …
Britain's Right To Roam: Redefining The Landowner's Bundle Of Sticks, Jerry L. Anderson
Britain's Right To Roam: Redefining The Landowner's Bundle Of Sticks, Jerry L. Anderson
Jerry L. Anderson
Britain recently enacted a “right to roam” in the Countryside and Rights of Way Act (CRoW) 2000. At first glance, CRoW appears to be a dramatic curtailment of the landowner’s traditional right to exclude; it opens up all private land classified as “mountain, moor, heath, or down” to the public for hiking and picnicking. Yet, when viewed in the light of history, CRoW may be seen as partially restoring to the commoner rights lost during the enclosure period, when the commons system ended. CRoW also represents a return to a functional rather than spatial form of land ownership, allowing more …
Countryside Access And Environmental Protection: An American View Of Britain's Right To Roam, Jerry L. Anderson
Countryside Access And Environmental Protection: An American View Of Britain's Right To Roam, Jerry L. Anderson
Jerry L. Anderson
In 2000, Britain enacted a broad "right to roam," which opened up millions of acres of private land to public access. Britain’s resurrection of the right to roam should cause other countries, such as the United States, to reconsider the values that support greater public access to the countryside. Given differences in our history, land ownership, and culture, not to mention our legal system, the United States is unlikely to emulate the CRWA. But the idea that the freedom to roam has trumped the right to exclude in Britain may encourage Americans to accommodate the public’s need for access in …
"Zoning Bias Ii: A Study Of Oregon's Zoning Commission Composition Restrictions", Jerry L. Anderson
"Zoning Bias Ii: A Study Of Oregon's Zoning Commission Composition Restrictions", Jerry L. Anderson
Jerry L. Anderson
This article summarizes an empirical survey of Oregon planning commissions, to determine whether Oregon's occupational restrictions on commission appointments are working. An earlier survey found that zoning boards in Iowa were heavily populated with white-collar occupations, with many having a direct or indirect connection to land development work. Oregon's occupational restrictions appear to have reduced the number of appointees who are tied to development, but the commissions are still skewed toward white-collar representation. The article concludes that legal restrictions should be tightened to achieve the goal of broader occupational distribution.
"Is The Wheel Unbalanced?: A Study Of Bias On Zoning Boards", Jerry L. Anderson
"Is The Wheel Unbalanced?: A Study Of Bias On Zoning Boards", Jerry L. Anderson
Jerry L. Anderson
This article describes an empirical study of the occupational composition of zoning boards in Iowa. The study finds that both zoning adjustment boards and planning commissions are heavily weighted toward white-collar professionals; labor and agricultural interests are significantly under-represented. Moreover, the study finds that boards are heavily populated with those who stand to gain from property development. The study recommends that legal restrictions on board appointments be tightened to ensure a better cross-section of the community is represented.
Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson
Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson
Jerry L. Anderson
Critical legal theory should be more widely taught as a useful way of analyzing the law. Recent critiques of CLS do not diminish its usefulness as a tool for teaching critical thinking. Many professors, however, find it difficult to convey the essential concept of CLS in a way students can grasp. This article suggests that the popular movie "The Matrix" may provide a method of explaining critical theory to students.
The Hazardous Waste Land, Jerry L. Anderson
The Hazardous Waste Land, Jerry L. Anderson
Jerry L. Anderson
This article was one of the first comprehensive critiques of the Superfund remediation and liability system. The article addresses systemic problems with the CERCLA mechanism that result in inequity and slow the pace of cleanups.