The Public Trust As An Antimonopoly Doctrine, 2017 Lewis & Clark Law School
The Public Trust As An Antimonopoly Doctrine, Michael C. Blumm, Aurora Paulsen Moses
Boston College Environmental Affairs Law Review
The public trust doctrine originated—and has persisted in American law—as antimonopoly protection. From the time of its recognition by American courts in the early nineteenth century, the doctrine has protected the public against private monopolization of natural resources, beginning with tidal waters and wild animals. Ensuing public trust case law has extended the scope of trust protection to other important natural resources, including non-tidal and non-navigable waters, and land-based resources like parks. Courts are now considering the trust doctrine’s application to the atmosphere. Although there is a considerable body of legal scholarship on the public trust, the ...
The Yates Memo: Doj Public Relations Move Or Meaningful Reform That Will End Impunity For Corporate Criminals?, 2017 Boston College Law School
The Yates Memo: Doj Public Relations Move Or Meaningful Reform That Will End Impunity For Corporate Criminals?, Christopher Modlish
Boston College Law Review
On September 9, 2015, former Deputy Attorney General Sally Yates issued a memorandum (the “Yates Memo”) in an attempt to address the Department of Justice’s (“DOJ”) seeming inability to prosecute the individuals responsible for corporate crime and misconduct. The memo announced new DOJ policy regarding individual accountability for corporate fraud, wrongdoing, and other misconduct. Specifically, it identified six key policies meant to enable DOJ prosecutors to more effectively prosecute the individuals responsible for corporate misconduct. The memo, however, did not address the biggest obstacle to holding individuals accountable for criminal corporate conduct—the DOJ’s overuse of deferred prosecution ...
Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim, 2017 University of Maryland Francis King Carey School of Law
Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim, Kerri Morrison
No abstract provided.
Response To The Influence Of Exile: Three Stories, 2017 University of Maryland Francis King Carey School of Law
Response To The Influence Of Exile: Three Stories, Bill Quigley
When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.
Professor Rankin’s article examines the very big picture ...
Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services, 2017 New York Law School
Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services, James Hagy, Kelly Padden
In a conversation with Kelly Padden and Professor James Hagy of The Rooftops Project, Jon Denham and Paul Wolf reflect on their experiences with not-for-profit projects across mission types to draw lessons about creativity in locating and securing permanent space in one of the world’s most expensive real estate markets.
Profiles - Rosie's Theater Kids, 2017 New York Law School
Profiles - Rosie's Theater Kids, James Hagy, Frank Loffreno
What started out as a single dance and song class in a borrowed New York City public school lunchroom has evolved into programming that touches the lives of students across all five New York City boroughs in a dedicated building near the heart of the Broadway theater district. The Rooftops Project’s Frank Loffreno and Professor James Hagy visit with Rosie’s Theater Kids cofounder and Artistic and Executive Director Lori Klinger and Director of Advancement Lindsay Miserandino at the Maravel Arts Center in New York’s Midtown West neighborhood.
Profiles - The Sammons Center, 2017 New York Law School
Profiles - The Sammons Center, James Hagy, Brenda Alejo
A historic but disused water pumping station, sited between active freeways, became an early and enduringly successful innovator in mission-centered notfor- profit supportive space for the arts. Brenda Alejo and Professor James Hagy of The Rooftops Project talk with Joanna St. Angelo, Executive Director of the Sammons Center for the Arts in Dallas, Texas.
Perspectives - Bms Building Management Systems, 2017 New York Law School
Perspectives - Bms Building Management Systems, James Hagy, Frank Loffreno
How can not-for-profit organizations better prepare themselves to launch and sustain effective relationships with their outside janitorial, security, and maintenance service providers? Mike Doherty, President and CEO of BMS Building Management Services, and members of his New York City team consider these themes with Frank Loffreno and Professor James Hagy of The Rooftops Project.
Profiles - Barrier Free Living, 2017 New York Law School
Profiles - Barrier Free Living, James Hagy, Christopher Whalen
What if you were homeless, a victim of domestic violence, and perhaps were also struggling with physical or mental disabilities? Where would you go? Christopher Whalen and Professor James Hagy of The Rooftops Project visit with Paul Feuerstein, founder, President, and CEO of Barrier Free Living, which has served these needs in New York City through a unique program established almost 40 years ago.
Perspectives - Wework, 2017 New York Law School
Perspectives - Wework, James Hagy, Stephen Caracappa
While the concept of executive office suites has existed for decades, in recent years innovations have emerged seeking to provide a broader range of services and a sense of community combined with affordability and flexibility. Stephen Caracappa and Professor James Hagy of The Rooftops Project talk with WeWork executives David Fano and Mark Lapidus (Class of 2012) about the company’s business model, space concept and design, and the applications for not-for-profit organizations.
Perspectives - 120 Wall Street, 2017 New York Law School
Perspectives - 120 Wall Street, James Hagy, Alison Snyder
Through a decades-long collaboration with the city and state, not-for-profit tenants occupy office space in a landmarked structure in the heart of Wall Street with the unusual advantage of no real estate taxes. The Rooftop Project’s Alison Snyder and Professor James Hagy interview Jeremy Moss and Camille McGratty of Silverstein Properties at the iconic 120 Wall Street building in lower Manhattan.
Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, 2017 New York Law School
Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss
Federal and state law can impose compliance requirements affecting both disposing of and transacting in real estate by not-for-profit organizations. In a dialogue with The Rooftop Project’s Jordan Moss and Professor James Hagy, David Samuels and Themes Karalis of the law firm Duval & Stachenfeld illustrate situations, including some unique to New York law and regulation, in which compliance and care are warranted.
Going In Cerclas: The Evolution Of Arranger Liability And The Not-So-Useful Useful Product Doctrine, 2017 Northwestern University School of Law
Going In Cerclas: The Evolution Of Arranger Liability And The Not-So-Useful Useful Product Doctrine, Martha Clarke
Northwestern University Law Review
Since the Supreme Court decision Burlington Northern & Santa Fe Railway Co. v. United States, courts have wrestled with what it means to be an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). One aspect of arranger liability that has undergone radical change in the past decade is the useful product doctrine, which allows a party to escape arranger liability by proving it was selling a useful product rather than arranging for disposal.
Prior to Burlington Northern, courts applied the useful product doctrine restrictively, only allowing parties selling virgin products to escape liability and imposing liability on parties ...
Land Use Federalism's False Choice, 2017 Selected Works
Land Use Federalism's False Choice, Michael C. Pollack
Michael C. Pollack
Penn Central Take Two, 2017 Vanderbilt Law School
Penn Central Take Two, Christopher Serkin
Notre Dame Law Review
Penn Central v. New York City is the most important regulatory takings case of all time. There, the Supreme Court upheld the historic preservation of Grand Central Terminal in part because the City offset the burden of the landmarking with a valuable new property interest—a transferable development right (TDR)—that could be sold to neighboring property. Extraordinarily, 1.2 million square feet of those very same TDRs, still unused for over forty years, are the subject of newly resolved takings litigation. According to the complaint, the TDRs that saved Grand Central were themselves taken by the government, which allegedly ...
Incomplete Takings, 2017 University of San Diego
Incomplete Takings, Abraham Bell, Gideon Parchomovsky
Incomplete takings are vital and extremely common. Yet, they present unique challenges that cannot be resolved by standard rules of eminent domain. In particular, incomplete, or partial, takings may result in the creation of suboptimal parcels, and even unusable and unmarketable ones. Additionally, partial takings create nettlesome assessment problems that do not arise when parcels are taken as a whole. Finally, incomplete takings engender opportunities for inefficient strategic behavior on the part of the government after the partial taking has been carried out. Current partial takings jurisprudence fails to resolve these problems, and, in some instances even exacerbates them.
Suburbia, Gentrification And Jews, 2017 Touro Law Center
Suburbia, Gentrification And Jews, Michael Lewyn
Michael E Lewyn
Reforming New York City's "Ulurp": Less Confusing Than Its Name, 2017 St. John's University School of Law
Reforming New York City's "Ulurp": Less Confusing Than Its Name, Alfred M. Williams, Jr.
Journal of Civil Rights and Economic Development
No abstract provided.
The Clark Fork Coalition V. Tubbs, 2017 University of Montana School of Law
The Clark Fork Coalition V. Tubbs, Jonah P. Brown
Public Land and Resources Law Review
Before landowners may appropriate groundwater in Montana, they must first apply for a DNRC permit pursuant to the Montana Water Use Act. Landowners may qualify for an exemption from the arduous permitting process if their appropriation meets certain criteria. However, the Act provides an exception to the exemption when a “combined appropriation” from the same source is in excess of ten acre-feet per year. The Clark Fork Coalition v. Tubbs affirmed the district court’s invalidation of the DNRC rule defining “combined appropriation” to only include physically connected groundwater wells.
Murray Energy Corporation V. Mccarthy, 2017 University of Montana School of Law
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Public Land and Resources Law Review
Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.