Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Border (1)
- Border Industrial Complex (1)
- Border factories (1)
- California (1)
- Climate change (1)
-
- Condemnation (1)
- Constitutional Law (1)
- Housing policy (1)
- IBWC (1)
- International Boundary and Water Commission (1)
- International trade agreements (1)
- International watershed (1)
- Inverse condemnation (1)
- Land use (1)
- MNC (1)
- MNE (1)
- Maquiladoras (1)
- Mexico (1)
- Multinational enterprise (1)
- NGO (1)
- NGOs (1)
- NSA (1)
- NSAs (1)
- Pollution (1)
- Real property (1)
- Rising sea level (1)
- Sea level (1)
- Sewage (1)
- TNC (1)
- TRNERR (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Faculty Scholarship
Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.
Border factories and a population spike contribute to the sewage. Maquiladoras, …
Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe
Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe
Faculty Scholarship
Recent takings cases challenging inclusionary housing ordinances tap into an ongoing controversy about whether government interventions in the housing market do more harm than good; but they also raise much more general questions about takings law. This Article uses the controversy raised by recent housing cases to probe the relationship between the Supreme Court’s regulatory takings jurisprudence and its exaction takings jurisprudence and to suggest a more coherent approach to implicit takings. The Court’s exaction takings jurisprudence is well-designed if it is applied appropriately. As a general matter, it encourages the mitigation of socially harmful nuisances, incentivizes developers to make …
Does A Rising Tide Lift All Boats? Sea Level Rise, Land Use, And Property Rights, Laura M. Padilla
Does A Rising Tide Lift All Boats? Sea Level Rise, Land Use, And Property Rights, Laura M. Padilla
Faculty Scholarship
This Article considers the competing interests of landowners, governments, and academics; Part I describes the problem-sea level rise and its projected acceleration. Part II details sea level rise physical and economic impacts. Part III discusses a range of adaptation responses to the problem, and Part IV explores the sea level rise-adaptation strategies' potential legal challenges. This Article focuses on California, but the problems, solutions, and challenges pervade coastal communities everywhere.