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Full-Text Articles in Law

Land Use Planning: Home Rule Vs. Regional Impact, Joel Cowan Dec 2000

Land Use Planning: Home Rule Vs. Regional Impact, Joel Cowan

Georgia State University Law Review

No abstract provided.


Water, Growth And The Endangered Species Act, Holly Doremus Jun 2000

Water, Growth And The Endangered Species Act, Holly Doremus

Water and Growth in the West (Summer Conference, June 7-9)

24 pages.


Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation Jun 2000

Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation of TMDL and ...


Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet Jun 2000

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.


Petition For A Writ Of Certiorari, Cayetano V. Chevron Usa, Inc., No. 00-1198 (U.S. Jan. 24, 2000), J. Peter Byrne Jan 2000

Petition For A Writ Of Certiorari, Cayetano V. Chevron Usa, Inc., No. 00-1198 (U.S. Jan. 24, 2000), J. Peter Byrne

U.S. Supreme Court Briefs

No abstract provided.


Asserted Federal Devolution Of Public Housing Policy And Administration: Myth Or Reality, Otto J. Hetzel Jan 2000

Asserted Federal Devolution Of Public Housing Policy And Administration: Myth Or Reality, Otto J. Hetzel

Washington University Journal of Law & Policy

No abstract provided.


The Right To Exclude Others From Private Property: A Fundamental Constitutional Right, David L. Callies, J. David Breemer Jan 2000

The Right To Exclude Others From Private Property: A Fundamental Constitutional Right, David L. Callies, J. David Breemer

Washington University Journal of Law & Policy

This Essay discusses the fundamental nature of the right to exclude as it emanates not only from decisions of the U.S. Supreme Court but from selected federal circuit and state appellate court decisions. As appears below, the right to exclude applies to both government and private activity on private land, whether the activity is the result of governmental attempts to secure a public interest or of theories associated with stronger rights emanating from custom and public trust.


The (Lost) Gifts Of Independence And Market Economy In Slovenia, Peter Bassin Jan 2000

The (Lost) Gifts Of Independence And Market Economy In Slovenia, Peter Bassin

Washington University Journal of Law & Policy

With the start of the fourth dimension, the once perpetual former Austro imperial, Italian and Yugoslav army barracks are slowly disappearing from the mental picture of Slovene cities. The barracks, together with hospitals, breweries, tobacco factories, train stations, gas and electrical power plants formed the almost impassable urban quarters, the so-called “gray zones” of oblivion. The anti-urban characteristic of these huge architectural ensembles radiated negative vibrations throughout their nearby proximity where, even today, we sense these negative influence.


Laws Influencing Community-Based Conservation In Colorado And The American West: A Primer, University Of Colorado Boulder. Natural Resources Law Center Jan 2000

Laws Influencing Community-Based Conservation In Colorado And The American West: A Primer, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

vi, 51 p.


Methods Of Determining Amortization Periods For Non-Conforming Uses, Margaret Collins Jan 2000

Methods Of Determining Amortization Periods For Non-Conforming Uses, Margaret Collins

Washington University Journal of Law & Policy

In the mid-1990s the Planning Department of the Hong Kong government became interested in the American concept of the amortization of non-conforming uses to eliminate noxious land uses threatening the viability of residential areas. Dan Mandelker, my former law professor, led a panel of international experts. The panel served as advisors to the Hong Kong planners on the American experience with amortization and to help them establish a well-conceived, comprehensive, and legally-defensible approach to establishing an amortization system in Hong Kong. Dan provided the historical and legal perspectives, while my own research focussed on techniques to determine amortization schedules for ...


Whither “Fair” Housing: Mediations On Wrong Paradigms, Ambivalent Answers, And A Legislative Proposal, Charles E. Daye Jan 2000

Whither “Fair” Housing: Mediations On Wrong Paradigms, Ambivalent Answers, And A Legislative Proposal, Charles E. Daye

Washington University Journal of Law & Policy

This Essay is a meditation on fair housing to pay tribute1 to Professor Daniel R. Mandelker for his sustained contribution to the field of housing and community development law and policy. For more than fifty years he has labored with powerful intellect, keen insight, great skill, and enormous energy. He has been a remarkably productive scholar and a true leader by his shining example to the many who share his scholarly and teaching interests in the housing field and related areas.


The Takings Clause In Billboard Control, Charles F. Floyd Jan 2000

The Takings Clause In Billboard Control, Charles F. Floyd

Washington University Journal of Law & Policy

Communities desiring to reduce billboard clutter face a number of legal obstacles, particularly issues of free speech and takings. This Essay focuses on the latter— does the forced removal of billboards after a period of time, a process commonly called amortization, constitute a constitutional “taking” of the outdoor advertising company’s property? Are there other ways to achieve this objective? What legislative impediments have been placed in the path of communities that want to reduce the number of billboards along their streets and highways?


Equity And Efficacy In Washington State's Gma Affordable Housing Goal, Henry W. Mcgee Jr. Jan 2000

Equity And Efficacy In Washington State's Gma Affordable Housing Goal, Henry W. Mcgee Jr.

Washington University Journal of Law & Policy

This Essay considers the basis for the Growth Management Act’s affordable housing goal, considers the relationship between its achievement and the reduction of urban sprawl. It also links the Growth Management Act’s goal of an equitable distribution of housing resources to a fundamental social aspiration described by the United States Congress as a “decent home and living environment for all Americans.” Indeed, it will be argued that the economic disparity and inequity directly linked to urban sprawl—both a cause as well as an effect—are locked ineluctably to a pathological social process in which they feed upon ...


Contested Landscapes And Local Voice, A. Dan Tarlock Jan 2000

Contested Landscapes And Local Voice, A. Dan Tarlock

Washington University Journal of Law & Policy

This Essay identifies four common elements in the many ad hoc efforts currently being pursued. These elements are not exhaustive, but taken together they suggest that United States land use controls are evolving in a new and important direction. The first element is pre-legal because it is the formulation of a new vision of a community not recognized in the existing legal structure. The second and third are legal actions that extend existing land use and other local regulatory options to increase local community voice in all the determinants of landscape change. The fourth element is post-legal. Communities are turning ...


Toward A Political Economy Of Takings, Jeffry A. Frieden Jan 2000

Toward A Political Economy Of Takings, Jeffry A. Frieden

Washington University Journal of Law & Policy

In this Essay, I offer the musings of one whose own work is of political economy and an area of political economy far removed from the issues typically raised by takings.


Entitlement To Substantive Due Process: Old Versus New Property In Land Use Regulation, Daniel R. Mandelker Jan 2000

Entitlement To Substantive Due Process: Old Versus New Property In Land Use Regulation, Daniel R. Mandelker

Washington University Journal of Law & Policy

This Essay examines an important rule that bars a substantive due process action when a landowner claims that a municipality has arbitrarily denied a development approval. This rule holds that a landowner cannot challenge the denial unless he has an entitlement to the approval.


Vesting Verities And The Development Chronology: A Gaping Disconnect?, John J. Delaney Jan 2000

Vesting Verities And The Development Chronology: A Gaping Disconnect?, John J. Delaney

Washington University Journal of Law & Policy

The purpose of this Essay is to identify some of the anomalies arising from the disjointed body of case law on vested rights, particularly as they affect phased developments. An Appendix is provided setting forth the development chronology, with selected court rulings at each step along the way to demonstrate the disparate nature of vesting jurisprudence.


Grassroots Consensus Building And Collaborative Planning, Peter W. Salsich Jr. Jan 2000

Grassroots Consensus Building And Collaborative Planning, Peter W. Salsich Jr.

Washington University Journal of Law & Policy

This Essay will review briefly some of the legal mechanisms being used to foster neighborhood collaborative planning. Two strategies for achieving the goals developed through these mechanisms will be examined: (1) the confrontation model and (2) the consensus building approach.


The Rise Of Reason In Planning Law: Daniel R. Mandelker And The Relationship Of The Comprehensive Plan In Land Use Regulation, Edward J. Sullivan Jan 2000

The Rise Of Reason In Planning Law: Daniel R. Mandelker And The Relationship Of The Comprehensive Plan In Land Use Regulation, Edward J. Sullivan

Washington University Journal of Law & Policy

This Essay focuses upon the skills of our honoree, Professor Daniel R. Mandelker, in presenting and advocating the fundamental organizing principles of planning law itself.


Street Graphics And The Law, William R. Ewald Jr. Jan 2000

Street Graphics And The Law, William R. Ewald Jr.

Washington University Journal of Law & Policy

No abstract provided.


National Land-Use Planning In America: Something Whose Time Has Never Come, Jerold S. Kayden Jan 2000

National Land-Use Planning In America: Something Whose Time Has Never Come, Jerold S. Kayden

Washington University Journal of Law & Policy

This Essay discusses the legal and institutional structure for land use planning and regulation in the United States, concluding that the national government has not and does not practice what would constitute national land-use planning as that term is commonly understood in the United States and abroad.


Antitrust Regulation Of Land Use: Federalism's Triumph Over Competition, The Last Fifty Years, E. Thomas Sullivan Jan 2000

Antitrust Regulation Of Land Use: Federalism's Triumph Over Competition, The Last Fifty Years, E. Thomas Sullivan

Washington University Journal of Law & Policy

This Essay analyzes antitrust regulation of land use during the last fifty years, the time period Dan Mandelker played such a leading role. It is a story of how federalism as a judicial doctrine achieved ascendance over the marketplace model of competition in the field of land use regulation.


Substantive Due Process Protection At The Outer Margins Of Municipal Behavior, Brian W. Blaesser Jan 2000

Substantive Due Process Protection At The Outer Margins Of Municipal Behavior, Brian W. Blaesser

Washington University Journal of Law & Policy

Realistically, the landowner and developer know that the review of a development project in light of today’s more complex land use, growth, and environmental considerations requires in many cases the ingredient of human judgment in order to provide pragmatic resolution of these issues. There is always a tension between landowners’ and developers’ preferences for certainty on the one hand and on the other hand their need for pragmatic solutions that only the exercise of judgment can provide.


The Dilemma Of Old, Urban Neighborhoods, W. Dennis Keating Jan 2000

The Dilemma Of Old, Urban Neighborhoods, W. Dennis Keating

Washington University Journal of Law & Policy

I will focus on the emergence, evolution, and experience of community development corporations (CDCs) based in these neighborhoods.


Social Sustainability: Planning For Growth In Distressed Places—The German Experience In Berlin, Wittenberg, And The Ruhr, James A. Kushner Jan 2000

Social Sustainability: Planning For Growth In Distressed Places—The German Experience In Berlin, Wittenberg, And The Ruhr, James A. Kushner

Washington University Journal of Law & Policy

Although German plans for growth, both in the Ruhr Valley and in Berlin, have included traditional environmental and physical planning elements, they have also embraced social sustainability and the inclusion of nontraditional planning elements in their strategies for community development. These planning elements are designed to enhance the regional self image and the image that is portrayed to visitors and to instill optimism for the community’s future economic growth. Social sustainability planning involves aggressive and symbolic investments indirectly designed to enhance a community’s investment attractiveness.


Prelude To Euclid: The United States Supreme Court And The Constitutionality Of Land Use Regulation, 1900-1920, Joseph Gordon Hylton Jan 2000

Prelude To Euclid: The United States Supreme Court And The Constitutionality Of Land Use Regulation, 1900-1920, Joseph Gordon Hylton

Washington University Journal of Law & Policy

Time after time, and with only one dissenting vote in two decades, the Court found that the police power was sufficiently broad to warrant restrictions on the use of land, even when they eliminated existing uses and imposed severe economic loss on landowners. These cases provided a strong proregulation backdrop against which the cases of the 1920s were decided.


Supreme Bait & Switch: The Ripeness Ruse In Regulatory Takings, Michael M. Berger Jan 2000

Supreme Bait & Switch: The Ripeness Ruse In Regulatory Takings, Michael M. Berger

Washington University Journal of Law & Policy

This Essay addresses the most recent additions roiling that swamp of the “ripeness” issue.


Making A Nuisance Of Takings Law, Robert L. Glicksman Jan 2000

Making A Nuisance Of Takings Law, Robert L. Glicksman

Washington University Journal of Law & Policy

The purpose of this Essay is two-fold. First, by assessing how lower federal courts and state courts have interpreted and applied the nuisance exception to takings liability staked out in Lucas, it bears out Professor Mandelker’s 1993 prognostication that commentators would subsequently explore the parameters of that exception. Second, by analyzing the post-Lucas decisions, it assesses whether Lucas’s treatment of the nuisance exception has turned out to be the radical and destructive break with tradition that Mandelker feared.


Land Use Law: Marred By Public Agency Abuse, Rodney L. Cobb Jan 2000

Land Use Law: Marred By Public Agency Abuse, Rodney L. Cobb

Washington University Journal of Law & Policy

This Essay is written by an advocate for land use planning and focuses on how these abuses by public agencies impact on public interest planning programs and ultimately on all private interests.


The Legislative Requirement That Zoning And Land Use Controls Be Consistent With An Independently Adopted Local Comprehensive Plan: A Model Statute, Stuart Meck Jan 2000

The Legislative Requirement That Zoning And Land Use Controls Be Consistent With An Independently Adopted Local Comprehensive Plan: A Model Statute, Stuart Meck

Washington University Journal of Law & Policy

This Essay critically reviews the history of the “in accordance with a comprehensive plan” language in the Standard State Zoning Enabling Act and its companion, the Standard City Planning Enabling Act, drafted by an advisory committee of the U.S. Department of Commerce in the 1920s. It then discusses contemporary consistency requirements in state planning and land use enabling statutes. Finally, it presents a model statute intended to clarify the relationship between the local comprehensive plan and various types of land use decisions and actions.