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Articles 1 - 30 of 254
Full-Text Articles in Law
The Power Of State Legislatures To Invalidate Private Deed Restrictions: Is It An Unconstitutional Taking?, Ken Stahl
Pepperdine Law Review
Over the past several years, state legislatures confronting a severe housing shortage have increasingly preempted local land use regulations that restrict housing supply in an effort to facilitate more housing production. But even where state legislatures have been successful, they now confront another problem: many of the preempted land use regulations are duplicated at the neighborhood or block level through private “covenants, conditions and restrictions” (CCRs) enforced by homeowners associations (HOAs). In response, California’s legislature has begun aggressively invalidating or “overriding” these CCRs. While many states have barred HOAs from prohibiting pets, clotheslines, signs, and flags, California has moved much …
Rock Climbers, Public Outrage, And Deliberate Fires: An Expedition To Public Lands On The East Coast, Kat Manchester
Rock Climbers, Public Outrage, And Deliberate Fires: An Expedition To Public Lands On The East Coast, Kat Manchester
CAFE Symposium 2023
Many are familiar with national public lands like national parks, forests, and monuments. But people are often unaware of the complex histories of these lands and the current problems facing their management. This project focuses on various public lands on the East Coast, including the Wayne National Forest, New River Gorge National Park, and the Monongahela National Forest. This poster examines the history of these lands, how they are viewed conceptually, and the managerial challenges currently facing them.
Climate Chauvinism: Rethinking Loss & Damage, Nadia B. Ahmad, Victoria Beatty
Climate Chauvinism: Rethinking Loss & Damage, Nadia B. Ahmad, Victoria Beatty
Faculty Scholarship
No abstract provided.
Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa
Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa
William & Mary Journal of Race, Gender, and Social Justice
Drawing from George Lipsitz’s notion that whiteness is “not so much a color as a condition,” this Article embarks on the project of framing the manner and methods through which whiteness continues to dominate space and place. Wherever whiteness dominates space, space carries rules and expectations about the identity and characteristics of people who are present—visitors and jaunters, owners and occupiers—and the types of activities and cultural practices that might occur there. Occasionally, spaces are racialized because of intentional practices of discrimination and segregation. In others, less intentional methods produce racialized space. In both, American spaces tell their own histories …
Ambiguity In Legal Non-Conforming Use Statuses, Zeke Peters
Ambiguity In Legal Non-Conforming Use Statuses, Zeke Peters
Brigham Young University Prelaw Review
Legal nonconforming uses have similar definitions and codes throughout the United States. However, certain restrictions and rules can vary so much that ambiguity makes the truth harder to see. Many nonconforming uses are limited in their “expansion” or “enlargement.” However, what defines these terms is unclear in various codes across state lines. This paper proposes a framework for cities to adopt to have a more uniform definition with some exemptions of these terms. While planning and land use code should vary based on the specific needs of each municipality, this framework definition can help create a more concrete definition for …
Pandemics And Housing Insecurity: A Blueprint For Land Use Law Reform, John R. Nolon
Pandemics And Housing Insecurity: A Blueprint For Land Use Law Reform, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
COVID-19, racial inequity, housing insecurity, and climate change have come together to create widespread, large-scale crises. This Article introduces these four pandemics and describes in detail what local governments are doing to combat one of them: housing insecurity. It reviews recent progress with traditional inclusionary zoning requirements, discusses the move toward greater density in single-family zoning, lists strategies being used to remediate distressed housing, and notes the importance of affordable housing as a necessary strategy for preventing lower-income household displacement caused by gentrification. The reciprocal impacts of these four pandemics are clear; local land use leaders should examine how mitigating …
Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson
Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson
Dickinson Law Review (2017-Present)
The theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation—the return of these cultural objects to their tribal owners. Unfortunately, many countries have been unsupportive of repatriation attempts and Native Americans seeking the return of their cultural items face nearly insurmountable barriers in foreign courts. The U.S. government has a moral imperative to assist Native American tribes in these repatriation efforts. The debate over repatriation is defined …
The Road To Affordable Housing: How To Replace Highways With Homes In New York City, Chad Hughes
The Road To Affordable Housing: How To Replace Highways With Homes In New York City, Chad Hughes
Pace Law Review
Urban highways cause significant air, water, and soil pollution that disproportionately harm low-income and nonwhite residents. Many urban highways are reaching the end of their useful life and would be extremely expensive to repair or replace. Cities around the world have removed urban highways to improve environmental outcomes and to avoid wasteful spending.
While these teardowns have improved local and regional environmental quality and local traffic congestion, they have also led to increased land values near the retired rights of way. Without anti-displacement efforts, there is a risk that the very people who have been most harmed by urban highways …
Land Use Conflicts Between Wind And Solar Renewable Energy And Agriculture Uses, Peggy Kirk Hall, Whitney Morgan, Jesse Richardson
Land Use Conflicts Between Wind And Solar Renewable Energy And Agriculture Uses, Peggy Kirk Hall, Whitney Morgan, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Understanding Urban Renewal: History Forgotten, Daniel R. Mandelker
Understanding Urban Renewal: History Forgotten, Daniel R. Mandelker
Scholarship@WashULaw
Urban renewal is an important feature of urban life, but judicial, statutory, and constitutional backlash followed a U.S. Supreme Court decision that held constitutional the use of eminent domain to acquire land for redevelopment in an urban renewal project. Urban renewal got its start in the federal urban renewal program, which influenced state legislation but had a weak planning requirement and did not include blight as a requirement for urban renewal. This weakness was a factor in the problems that occurred in urban renewal and that created the backlash to the Supreme Court decision.
U.S. Property Law: A Revised View, Kamaile A.N. Turčan
U.S. Property Law: A Revised View, Kamaile A.N. Turčan
William & Mary Environmental Law and Policy Review
No abstract provided.
The Euclid Proviso, Ezra Rosser
The Euclid Proviso, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning's second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market-responsive. But, given the ways in which zoning is a foundational part of the racial and …
Structural Sensor Surveillance, Andrew Guthrie Ferguson
Structural Sensor Surveillance, Andrew Guthrie Ferguson
Articles in Law Reviews & Other Academic Journals
City infrastructure is getting smarter. Embedded smart sensors in roads, lampposts, and electrical grids offer the government a way to regulate municipal resources and the police a new power to monitor citizens. This structural sensor surveillance, however, raises a difficult constitutional question: Does the creation of continuously-recording, aggregated, long-term data collection systems violate the Fourth Amendment? After all, recent Supreme Court cases suggest that technologies that allow police to monitor location, reveal personal patterns, and track personal details for long periods of time are Fourth Amendment searches which require a probable cause warrant. This Article uses the innovation of smart …
Death Of Dillon’S Rule: Local Autonomy To Control Land Use, John R. Nolon
Death Of Dillon’S Rule: Local Autonomy To Control Land Use, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In order for municipal governments to promote sustainable and green development, create safe densities and open spaces in response to the pandemic, protect lives and property in areas vulnerable to natural disasters, and to manage climate change, they must be able to influence the development and preservation of privately owned land. For them to control the negative impacts of oil and gas facilities, they must find power to regulate matters that are typically the prerogative of state agencies. To legalize emerging renewable energy technologies, they must have authority to make them permitted uses in their zoning ordinances, and to innovate …
“Something There Is That Doesn’T Love A Wall:” A Reflection On The Constitutional Vulnerabilities Of The Southwest Border Wall, Hope M. Babcock
“Something There Is That Doesn’T Love A Wall:” A Reflection On The Constitutional Vulnerabilities Of The Southwest Border Wall, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Amici Curiae Brief Of The International Municipal Lawyers Association And Legal Scholars In Support Of Defendants-Appellees In Portland Pipe Line Corporation, Et Al. V. City Of South Portland, Et Al., Sarah J. Fox, Sara C. Bronin, Nestor M. Davidson, Keith H. Hirokawa, Ashira Pelman Ostrow, Dave Owen, Laurie Reynolds, Jonathan D. Rosenbloom, Sarah Schindler
Amici Curiae Brief Of The International Municipal Lawyers Association And Legal Scholars In Support Of Defendants-Appellees In Portland Pipe Line Corporation, Et Al. V. City Of South Portland, Et Al., Sarah J. Fox, Sara C. Bronin, Nestor M. Davidson, Keith H. Hirokawa, Ashira Pelman Ostrow, Dave Owen, Laurie Reynolds, Jonathan D. Rosenbloom, Sarah Schindler
Sturm College of Law: Faculty Scholarship
This brief to the Maine Supreme Judicial Court was filed in support of the City of South Portland by the Amici Curiae, including the International Municipal Lawyers Association and legal scholars, to provide the Court with a background on the role of local governments in land use planning, and to explain why the City of South Portland’s Clear Skies Ordinance falls easily within the City’s authority and was not preempted by state legislation.
After studying the potential for bulk loading of crude oil within its boundaries, the City of South Portland concluded that the infrastructure requirements and environmental impacts of …
#Livingwhileblack: Blackness As Nuisance, Jamila Jefferson-Jones, Taja-Nia Y. Henderson
#Livingwhileblack: Blackness As Nuisance, Jamila Jefferson-Jones, Taja-Nia Y. Henderson
Law Faculty Research Publications
No abstract provided.
Wildearth Guardians V. Zinke, Emily M. Mcculloch
Wildearth Guardians V. Zinke, Emily M. Mcculloch
Public Land & Resources Law Review
WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.
When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry
When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry
South Carolina Law Review
No abstract provided.
When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud
When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud
Ronald H. Rosenberg
No abstract provided.
The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg
The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg
The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
Linda A. Malone
No abstract provided.
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
Linda A. Malone
No abstract provided.
The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone
The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone
Linda A. Malone
No abstract provided.
The Supreme Court's Heightened Review Of Land Use Exactions In Dolan V. City Of Tigard, Lynda L. Butler
The Supreme Court's Heightened Review Of Land Use Exactions In Dolan V. City Of Tigard, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Dolan V. City Of Tigard: Land Use Exactions After Nollan V. California Coastal Commission, Lynda L. Butler
Dolan V. City Of Tigard: Land Use Exactions After Nollan V. California Coastal Commission, Lynda L. Butler
Lynda L. Butler
No abstract provided.