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Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith 2018 Georgia State University College of Law

Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith

Georgia State University Law Review

The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.


Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom 2018 Alexander Blewett III School of Law at the University of Montana

Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom

Public Land & Resources Law Review

In Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality, the Montana Supreme Court found that the Montana Department of Environmental Quality did not violate the Montana Environmental Policy Act when the department issued a wastewater discharge permit for a large retail merchandise store. This decision enforced a narrow interpretation of agency requirements under the Montana Department of Environmental Quality Act, focusing only on direct effects with a close causal connection to the agency action.


Barren River Lake - Relating To (Sc 3166), Manuscripts & Folklife Archives 2018 Western Kentucky University

Barren River Lake - Relating To (Sc 3166), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 3166. Transcript of trial proceedings in United States of America v. 2,635.04 Acres of Land, Etc. (Tracts 125, 127, 130, 131 – Franklin Berry and Ruby Berry), a case heard in U.S. District Court, Western District of Kentucky at Bowling Green on 16 October 1962. At issue was the compensation to be awarded to Franklin and Ruby Berry for the taking of lands in Allen County, Kentucky, by the U.S. Government in connection with the construction ofBarren River Reservoir No. 2, also known as the Port Oliver Dam. A jury ...


R.I.P. To Rluipa: The Ongoing Debate Of Rluipa As Applied To Local Cemetery Ordinances Is Finally Laid To Rest, Alexandra C. Rawson 2018 J.D. 2018, Roger Williams University School of Law

R.I.P. To Rluipa: The Ongoing Debate Of Rluipa As Applied To Local Cemetery Ordinances Is Finally Laid To Rest, Alexandra C. Rawson

Roger Williams University Law Review

No abstract provided.


U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan 2018 Roger Williams University School of Law

U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan

Law Faculty Scholarship

No abstract provided.


Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith 2018 Claremont McKenna College

Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith

CMC Senior Theses

This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to ...


U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan 2018 Roger Williams University School of Law

U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan

Roger Williams University Law Review

No abstract provided.


To Apply Or Not To Apply? That Is The Question Of Intergovernmental Zoning, Jillian M. Nobis 2018 J.D. Candidate, 2019, Roger Williams University School of Law

To Apply Or Not To Apply? That Is The Question Of Intergovernmental Zoning, Jillian M. Nobis

Roger Williams University Law Review

No abstract provided.


2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note, 2018 Roger Williams University

2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.


Whose Lands? Which Public? Trump's National Monument Proclamations And The Shape Of Public-Lands Law, Jedediah Purdy 2018 Duke Law School

Whose Lands? Which Public? Trump's National Monument Proclamations And The Shape Of Public-Lands Law, Jedediah Purdy

Faculty Scholarship

President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke existing monuments under the Antiquities Act, which creates the national monument system, is a new question of law for a 112-year-old statute that has been used by Presidents from Theodore Roosevelt to Barack Obama to protect roughly fifteen million acres of federal land and hundreds of millions of marine acres ...


Non-Enforcement Takings, Timothy M. Mulvaney 2018 Texas A&M University School of Law

Non-Enforcement Takings, Timothy M. Mulvaney

Faculty Scholarship

The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even ...


High Priorities: Land Use, Marijuana, And Meta-Values, Spenser Owens 2018 Washington University in St. Louis

High Priorities: Land Use, Marijuana, And Meta-Values, Spenser Owens

Washington University Jurisprudence Review

This Note will examine the motivations surrounding the adoption of zoning ordinances pertaining to the production and sale of marijuana through the lens of John Dewey’s theory of valuation. Applying Dewey’s theory to the zoning ordinances of a sampling of state and local governments, I will argue first that the choice of land uses to be regulated and restricted through local zoning ordinances is ultimately referable to values held by the community in which the ordinances are enacted. Second, I will argue that the decisions made on the state level carry more “value” as defined by Dewey’s ...


A Historical Reassessment Of Congress's "Power To Dispose Of" The Public Lands, Jeffrey M. Schmitt 2018 University of Dayton

A Historical Reassessment Of Congress's "Power To Dispose Of" The Public Lands, Jeffrey M. Schmitt

School of Law Faculty Publications

The Property Clause of the Constitution grants Congress the “Power to Dispose” of federal land. Congress uses this Clause to justify permanent federal land ownership of approximately one-third of the land within the United States. Legal scholars, however, are divided as to whether the original understanding of the Clause supports this practice. While many scholars argue that the text and intent of the framers show that Congress has the power to permanently own land within the states, others contend that these sources demonstrate that Congress has a duty to dispose of all federal land not held pursuant to another enumerated ...


The Use Of Property Law Tools For Soil Protection, Jessica Owley 2018 University at Buffalo School of Law

The Use Of Property Law Tools For Soil Protection, Jessica Owley

Contributions to Books

Published in International Yearbook of Soil Law and Policy 2017, Harald Ginzky, Elizabeth Dooley, Irene L. Heuser, Emmanuel Kasimbazi, Till Markus & Tianbao Qin, eds.

Open Access This book is licensed under the terms of the Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

The images or other third party material in this book are included in the book’s ...


Disclaiming Property, Michael Pappas 2018 University of Maryland Fracis King Carey School of Law

Disclaiming Property, Michael Pappas

Faculty Scholarship

Can Congress pick and choose when it must follow the Constitution? One would expect not, and yet the Supreme Court has allowed it to do so. In multiple statutory programs, Congress has disclaimed constitutional property protections for valuable interests that otherwise serve as property. The result is billions of dollars’ worth of “disclaimed property” that can be bought, sold, mortgaged, or leased, but that can also be revoked at any moment without due process or just compensation.

Disclaimed property already represents a great source of value, and property disclaimers are at the core of major recent policies ranging from natural ...


Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks 2018 University at Buffalo School of Law

Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks

Journal Articles

Climate change has significant consequences for land conservation. Government agencies and nonprofit land trusts heavily rely on perpetual conservation easements. However, climate change and other dynamic landscape changes raise questions about the effectiveness and adaptability of permanent conservation instruments like conservation easements. Building upon a study of 269 conservation easements and interviews with seventy conservation-easement professionals in six different states, we examine the adaptability of conservation easements to climate change. We outline four potential approaches to enhance conservation outcomes under climate change: (1) shift land-acquisition priorities to account for potential climate change impacts; (2) consider conservation tools other than perpetual ...


Spatial Sensemaking In Wildland–Urban Interfaces: A Framing Perspective Of Multiparty Land Management Decisions, Marti Susanne White 2018 University of Colorado at Boulder

Spatial Sensemaking In Wildland–Urban Interfaces: A Framing Perspective Of Multiparty Land Management Decisions, Marti Susanne White

Communication Graduate Theses & Dissertations

This MA thesis extends theorizing on sensemaking frames and framing, by incorporating ideas drawn from scholarly literature about space and place, to explore the notion of “spatial framing repertoires,” and, particularly, how people’s experiences of physical landscapes are symbolic and enacted. Specifically, this empirical study investigated an ongoing dispute over land management activities in the wildland–urban interface, where residential and public land meet, exploring how residents’ and land managers’ experiences of space and place informed their sensemaking frames about land management decisions. The study reveals the significance of spatiality for understanding people’s sensemaking processes, in general, and ...


Public Participation In Federal Land Management: A Case Study Of The Organ Mountains-Desert Peaks National Monument, S. C. Baker 2018 University of Colorado Boulder

Public Participation In Federal Land Management: A Case Study Of The Organ Mountains-Desert Peaks National Monument, S. C. Baker

Undergraduate Honors Theses

The recent call for a review of several large National Monuments by President Trump raises questions about the lack of local input in federal land management. Within the land and resource management field, there exists a debate surrounding the effectiveness of community-based collaboration approaches. Using the example of the Organ Mountains-Desert Peaks National Monument and a lens of political ecology, I ask three questions: (1) what has been the impact of the OMDP National Monument on the local community; (2) how informed and involved were local stakeholder groups in the original designation and following review process in Doña Ana County ...


Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon 2018 Elisabeth Haub School of Law at Pace University

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

Pace Law Faculty Publications

This article describes strategies that local governments are employing to both mitigate and adapt to climate change, using their state-given powers to plan community development and to regulate private building. Local governments have significant legal authority to shape human settlements and, in so doing, lower CO2 emissions from buildings and vehicles, increase the sequestration of carbon by the natural environment, and promote distributed energy systems and renewable energy facilities that lower fossil fuel consumption. Local elected leaders are highly motivated to avoid the on-the-ground consequences of our changing climate. The effects of climate change manifest themselves at the local level ...


Historic Preservation Law In A Nutshell (2d Ed.), Sara C. Bronin, Ryan M. Rowberry 2017 University of Connecticut

Historic Preservation Law In A Nutshell (2d Ed.), Sara C. Bronin, Ryan M. Rowberry

Ryan Rowberry

The purpose of this book is to provide a concise, coherent reference for the emerging field of historic preservation law for lawyers, policymakers, planners, architects, and students alike. We consider preservation law to be “emerging” because it began to fully develop in the United States only in the last fifty years. Two key transition points happened at the federal level: the 1966 passage of the National Historic Preservation Act and the 1978 Penn Central Supreme Court decision, which upheld a landmarks law against a constitutional challenge and consequently encouraged other localities to adopt similar ordinances. (Of course, this book covers ...


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