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Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight, W. William Weeks, Nancy A. McLaughlin 2010 Indiana University Maurer School of Law

Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight, W. William Weeks, Nancy A. Mclaughlin

Articles by Maurer Faculty

This is the fourth in an exchange of articles published by the Wyoming Law Review discussing the application of charitable trust principles to conservation easements conveyed as charitable gifts. In 2002, Johnson County, Wyoming, attempted to terminate a conservation easement that had been conveyed to the County as a tax-deductible charitable gift. The County's actions were challenged, first in a suit brought by a resident of the County, Hicks v. Dowd, and then in a suit brought by the Wyoming Attorney General, Salzburg v. Dowd. The over six years of litigation associated with the easement's attempted termination has ...


Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl 2010 Duke Law School

Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl

Faculty Scholarship

Goals based on absolute targets, risk, technology, or cost are found throughout the administrative state. “Historic baselines,” a point in the past used to ground a policy goal, are just as commonplace, yet remain unexamined. Whether in budgeting or tax, criminal sentencing or environmental protection, historic baselines direct a wide range of agency activities. Their ubiquity begs some important questions. What makes baselines more attractive than other approaches for implementing regulatory goals? Conversely, when are other standard setting methods such as absolute targets and risk-based, technology-based, and cost-based standards more useful to policy makers than historic baselines? Unless one believes ...


Local Regulation Of Mineral Development In Wyoming, Alan Romero 2009 University of Wyoming

Local Regulation Of Mineral Development In Wyoming, Alan Romero

Alan Romero

No abstract provided.


Curbing Energy Sprawl With Microgrids, Sara Bronin 2009 University of Connecticut

Curbing Energy Sprawl With Microgrids, Sara Bronin

Sara C. Bronin

Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining whether energy projects are ...


Tribal Land Laws In Andhra Pradesh, Hari Priya 2009 NALSAR University of Law

Tribal Land Laws In Andhra Pradesh, Hari Priya

Hari Priya

No abstract provided.


Facing Catastrophe: Environmental Action For A Post-Katrina World, Robert Verchick 2009 Loyola University New Orleans

Facing Catastrophe: Environmental Action For A Post-Katrina World, Robert Verchick

Robert R.M. Verchick

No abstract provided.


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2009 NALSAR University of Law

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.


Cohousing: Joining Affordable, Sustainable And Collaboratively-Govened, Single Family Neighborhoods, Michael N. Widener 2009 Bonnett, Fairbourn, Friedman & Balint PC

Cohousing: Joining Affordable, Sustainable And Collaboratively-Govened, Single Family Neighborhoods, Michael N. Widener

Michael N Widener

This article arises from the residential lending mess on the American middle class (however defined today), proposing a few innovative, forward-looking solutions for Americans whose credit has been ruined or whose largest (and frequently illiquid) economic asset cannot be sold or leased to offset their households’ obligations. The purpose of my essay is to invite conversations among civic leaders from the government, design, lending and residential development sectors, and academic opinion-makers, on how to stem the current foreclosure tide and restore confidence in owner-occupied housing markets, overcoming public anxieties about whether future economic downturns will bury those dwellers anew.


Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, Michael N. Widener 2009 Bonnett, Fairbourn, Friedman & Balint PC

Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, Michael N. Widener

Michael N Widener

No abstract provided.


Curbing Rent-Seeking And Inefficiency With Broad Takings Powers And Undercompensation: The Case Of Singapore From A Givings Perspective, Jianlin Chen 2009 University of Chicago

Curbing Rent-Seeking And Inefficiency With Broad Takings Powers And Undercompensation: The Case Of Singapore From A Givings Perspective, Jianlin Chen

Jianlin Chen

Conventional discourses on the perils of weak property rights vis-à-vis government takings have failed to account for and respond to the rent-seeking and inefficiency problems of government actions. Singapore, with its broad takings powers, coupled with express undercompensation, has not suffered from the predicted widespread rent-seeking and inefficiency. This case study of Singapore from a givings perspective demonstrates the importance of imposing a fair charge on the various kinds of givings in curbing rent-seeking and inefficiency. There are also additional benefits of having a healthy fiscal budget and more equitable taxation arising from Singapore's givings regime. The key normative ...


Textualist Canons: Cabining Rules Or Predilective Tools, Stephen Durden 2009 Florida Coastal School of Law

Textualist Canons: Cabining Rules Or Predilective Tools, Stephen Durden

Stephen Durden

Justice Scalia proclaims homage to the “dead” Constitution. Justice Brennan honors the “living” Constitution. Others believe in “a partially living and partially dead Constitution.” But, whichever moniker selected, constitutional analysis remains (to the interpreter) personal; however, personal does not necessarily mean irrational or even singular (i.e., that no one else agrees with the interpretation). Rather, personal means that no matter how narrow the interpretational method, an interpreter of the Constitution inevitably makes personal choices when using any interpretational method - choices not required by, or perhaps even inconsistent with, the chosen interpretational method. This Article uses canons of construction to ...


Partial Textualism, Stephen Durden 2009 Florida Coastal School of Law

Partial Textualism, Stephen Durden

Stephen Durden

This Article seeks to demonstrate that plain meaning textualists do not apply plain meaning textualism to the entire Constitution. Instead, plain meaning textualists indulge their personal predilections and apply the doctrine of “partial textualism,” which selectively applies plain meaning textualism to only part of, rather than the entire, Constitution. Partial textualism destroys any possible fairness value to plain meaning textualism. Indeed, such an approach is entirely inconsistent with the goals of plain language textualism. Through examining the Takings Clause, this Article demonstrates that a plain meaning textualist will commonly apply plain meaning textualism to a part of the Constitution that ...


Climate Adaptation Policy At The Continental Level: Natural Resources In North America And Europe, Paul Stanton Kibel 2009 Golden Gate University School of Law

Climate Adaptation Policy At The Continental Level: Natural Resources In North America And Europe, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.


Obrigações De Realizar Obras De Conservação Patrimonial, De Acordo Com O Art. 19 Do Decreto-Lei 25/1937, Rafael de Oliveira Alves 2009 UFOP

Obrigações De Realizar Obras De Conservação Patrimonial, De Acordo Com O Art. 19 Do Decreto-Lei 25/1937, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.


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