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Articles 1 - 5 of 5

Full-Text Articles in Law

The Role Of The Council On Competitiveness In Regulatory Review, Robert V. Percival Jan 1993

The Role Of The Council On Competitiveness In Regulatory Review, Robert V. Percival

Congressional Testimony

No abstract provided.


Marxism And The Failure Of Environmental Protection In Eastern Europe And The U.S.S.R., Daniel H. Cole Jan 1993

Marxism And The Failure Of Environmental Protection In Eastern Europe And The U.S.S.R., Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness Jan 1993

Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness

Law Faculty Scholarly Articles

In Lucas v. South Carolina Coastal Council, the United Supreme Court was forced once again to delve into the law of regulatory takings. This experience is seldom a pleasant one. Echoing the poet John Milton, an exasperated state court judge once described takings law as a “Serbonian Bog.” Unfortunately, the takings doctrine is only slightly more comprehensible after the Lucas decision than it was before. Nevertheless, progress in this area, however modest, deserves praise, and the Court is to be commended for clarifying one aspect of takings jurisprudence. As a result of Lucas a “categorical rule” has been announced …


The Dynamics Of Secrecy In The Environmental Impact Statement Process, Michael B. Gerrard Jan 1993

The Dynamics Of Secrecy In The Environmental Impact Statement Process, Michael B. Gerrard

Faculty Scholarship

The environmental impact review laws – the National Environmental Policy Act (NEPA) and its state counterparts – are premised on the idea of full and open disclosure. The notion underlying these laws is that if the government and the public are fully informed of the impacts of and alternatives to proposed actions, they will make wise decisions about whether and how to proceed. The Freedom of Information Act and its state counterparts even more explicitly seek to open up governmental deliberations to the public. Considered together, these two types of laws would lead one to believe that secrecy has little …


Putting The Correct "Spin" On Lucas, Richard J. Lazarus Jan 1993

Putting The Correct "Spin" On Lucas, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.