Georgetown University Law Center
Maurice A. Deane School of Law at Hofstra University
SelectedWorks
Indiana University Maurer School of Law
Notre Dame Law School
College of William & Mary Law School
Claremont McKenna College
A View From American Courts: The Year In Indian Law 2017,
2018
Seattle University School of Law
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
Seattle University Law Review
This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...
Historic Preservation And Progress In Atlanta: Opportunity Knocks,
2018
Georgia State University
Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers
Journal of Comparative Urban Law and Policy
This paper explores where Atlanta’s historic preservation ethos stands in 2017. Further, this paper examines and analyzes how historic preservation can be more fully supported in Atlanta through strategic tools and policies.
Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues.,
2018
University of Warsaw
Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska
Journal of Comparative Urban Law and Policy
No abstract provided.
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates,
2018
Georgia State University College of Law
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons
Journal of Comparative Urban Law and Policy
Water is a business driver and a substantial source of both wealth and risk. Water is also under increasing statutory and legislative pressure as jurisdictions strive to manage water resources more holistically by addressing both surface and groundwater together, but on a more decentralized and sustainable basis. The potential collapse of the municipal water system in Cape Town, South Africa serves as a stark alarm for cities in arid and semi-arid, Mediterranean-like environments. This risk is especially true of cities like Marseilles, France and regions like California. By comparing the impacts of the water law in these different jurisdictions, this ...
Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami,
2018
Perimeter College of Georgia State University
Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor
Journal of Comparative Urban Law and Policy
Miami, Cape Town, and Marseille have taken dissimilar approaches in their attempts to legislate and supply affordable housing to those in need. One of these cities has no justiciable right whatsoever, one has a right set out in its national constitution, and one has a right set out in its national law. These cities have had different degrees of success in aiding those in need of adequate housing; however, each of these cities continues to suffer from both a lack of affordable housing and a widening income gap. Examining the frameworks and the efforts of these three port cities establishes ...
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing,
2018
Sciences Po Paris Law School
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce
Journal of Comparative Urban Law and Policy
The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is ...
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems,
2018
University of Barcelona
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari
Journal of Comparative Urban Law and Policy
This article is a comparative analysis of property systems and their social dimensions between the United States (U.S.) and the European Union (EU). Throughout the article, we show how the fees and development taxes applied in the U.S. refer to an ex ante rationale assumed by private owners to compensate communities for land transformation or environmental impacts, while inside the EU, the political consensus is responsible for the imposition of limits in ex post abuses of ownership. Either in public administrations, or in the Council of Ministers of the EU, the social function of property is better understood ...
Regional Public/Private Partnerships As Entrepreneurial Bricolage,
2018
Salem State University
Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle
Journal of Comparative Urban Law and Policy
Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem ...
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro,
2018
Universidade Do Estado Do Rio De Janeiro
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio
Journal of Comparative Urban Law and Policy
The exponential demographic increase of the last century and the transformation of the cities, from industrial to service providers, added to the phenomenon of conurbation. In addition, the new social, environmental, economic, political and cultural dynamics of close cities, challenged the traditional municipal power and required a collaborative new management framework. Global cities became metropolitan areas. Issues of local urban interest are now of regional preoccupation. Governmental institutional frameworks and urban planning were not designed to match this new socioeconomic and environmental metropolitan order. This paper deals with the legal challenges of creating metropolitan governance structures comparing France and Brazil ...
The French Metropole: How It Gained Legal Status As A Metropolis,
2018
Suffolk University Law School
The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith
Journal of Comparative Urban Law and Policy
France’s long history of centralized governance has generated debates as to what powers should remain with the State and what powers should devolve to sub-national governments. To ameliorate the fragmentation resulting from the small size of France’s 36,000 plus municipalities, called communes, the State authorized the creation of general-purpose, inter-communal public institutions to perform municipal functions on behalf of the communes on a greater economy of scale. The article examines the trajectory that led to the creation in 2010 of the métropole, or metropolis, the most recent of these inter-communal bodies that is designed to undertake public ...
The Future Of French Metropolis,
2018
Georgia State University College of Law
The Future Of French Metropolis, Anne-Claire Mialot
Journal of Comparative Urban Law and Policy
No abstract provided.
Introduction,
2018
Georgia State University College of Law
Introduction, Julian Conrad Juergensmeyer, Karen Johnston
Journal of Comparative Urban Law and Policy
No abstract provided.
Financing Green: Reforming Green Bond Regulation In The United States,
2018
Brooklyn Law School
Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, green bonds have emerged as a way for the financial industry to contribute to environmentally friendly projects, combat climate change, and provide funds for green infrastructures across the world. While the green bond market has expanded drastically across large nations in Europe and Asia, market growth has stalled in the United States, in part due to a lack of promising regulations in the United States. Existing regulations on green bond issuance in the United States only exists in the form of non-binding international guidelines. This Note reviews the benefits and potentials of green bonds both as an ...
Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan,
2018
Brooklyn Law School
Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan, Alan R. Palmiter
Brooklyn Law Review
During the year following the EPA’s proposed Clean Power Plan to regulate CO2 emissions in the power sector, the largest investor-owned electric utilities engaged in a curious triplespeak. Employing the moral language of political conservatives, the utilities focused on whether and how the EPA had transgressed its “traditional” regulatory role, thus altering the “structure” of energy federalism and potentially “degrading” orderly power supplies. In disclosure filings with the Securities and Exchange Commission, the utilities used the moral language of political libertarians, focusing on the “financial risks” that federal government “intervention” poses to efficient power “markets” and to the “freedom ...
Environmental Reform In Africa: A Comparative Continental Union Solution Through Plastic Reform Legislation,
2018
Brooklyn Law School
Environmental Reform In Africa: A Comparative Continental Union Solution Through Plastic Reform Legislation, Wynee Ngo
Brooklyn Journal of International Law
In the face of environmental turmoil; countries across the world are implementing measures to mitigate the deteriorating effects that common day practices have on the ecosystem. The European Union has implemented directives to govern plastic use on a continental scale. On the other hand; the African Union (AU) has been silent on plastic use; despite a string of African countries implementing stringent plastic reform legislation. This Note will examine the European Union and AU’s international frameworks and powers; while also detailing currently enacted EU directives and African state-level regulations. It will then conduct a comparative analysis of the AU ...
Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act,
2018
Rhode Island Sea Grant Law Fellow
Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann
Sea Grant Law Fellow Publications
No abstract provided.
There Has Never Been A 'Timber War',
2018
Siskiyou Land Conservancy
There Has Never Been A 'Timber War', Greg King
Humboldt Journal of Social Relations
There has never been a 'timber war' in northwestern California, but rather premeditated and ongoing attacks against the forests, and against the people who would protect them. This paper provides a historic examination of redwood logging and protection efforts since 1850.
Polar Opposites: Assessing The State Of Environmental Law In The World's Polar Regions,
2018
University of Pennsylvania Law School
Polar Opposites: Assessing The State Of Environmental Law In The World's Polar Regions, Mark P. Nevitt, Robert V. Percival
Boston College Law Review
Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet these regions differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System, a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets ...
Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico,
2018
University of New Mexico
Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford Villa
Clifford J. Villa
A critical and sympathetic look at FEMA's work in post-Hurricane Maria Puerto Rico.
What's All The Buzz About? Analyzing The Decision To List The Rusty Patched Bumblebee On The Endangered Species List,
2018
Villanova University Charles Widger School of Law
What's All The Buzz About? Analyzing The Decision To List The Rusty Patched Bumblebee On The Endangered Species List, Christopher M. Lambe
Villanova Environmental Law Journal
No abstract provided.
