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Rethinking Western Water Law: Instream Flows, Reed D. Benson 2017 Selected Works

Rethinking Western Water Law: Instream Flows, Reed D. Benson

Reed D. Benson

Presenter: Reed D. Benson, University of New Mexico School of Law 1 page.


On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie 2017 University of New Mexico School of Law

On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie

Alex Ritchie

In the midst of the hydraulic fracturing revolution, elected officials in Mora County, New Mexico recently banned all oil and gas production within the county. But the officials went even further, stripping corporations of constitutional rights and declaring the constitutions of the United States and the state of New Mexico illegal if interpreted as inconsistent with the ordinance. Why would a small rural county like Mora with no oil and gas operations to speak of adopt such an extreme ordinance? This article applies economics, political choice, and localism theories to argue that Mora County’s decision may be at least ...


Urban Development Legislation For Cities, By Cities, Kellen Zale 2017 University of Maine School of Law

Urban Development Legislation For Cities, By Cities, Kellen Zale

Maine Law Review

Thank you so much for inviting me to speak as part of this symposium. It is a great honor to be here in the company of such distinguished speakers to learn about the impressive legacy of Senator Muskie. My presentation today connects the legacy of Senator Muskie, and specifically, his work on urban development and Model Cities, to contemporary urban development legislation. Thus, this presentation picks up where my co-panelist, Don Nicoll, left off, by considering how the Model Cities legacy is both a foundation of and a counterpoint to contemporary urban development policies and programs. While urban development legislation ...


Model Cities, Senator Muskie And Creative Federalism, Donald E. Nicoll 2017 University of Maine School of Law

Model Cities, Senator Muskie And Creative Federalism, Donald E. Nicoll

Maine Law Review

The odd couple partnership of Senator Edmund S. Muskie and President Lyndon B. Johnson in the passage of the Demonstration Cities and Metropolitan Development Act of 1966 is a story with several subplots and insights into their different approaches to the art of democratic governance. For Senator Muskie, the president’s proposal was based on valid concepts, but he doubted the legislation’s viability in the Senate and he had serious reservations about its timeliness and capacity to address the problems the legislation was supposed to solve. The President was determined that the ambitious initiative, developed by a secret task ...


Edmund Muskie's Creative Federalism And Urban Development Today, Peter Pitegoff 2017 University of Maine School of Law

Edmund Muskie's Creative Federalism And Urban Development Today, Peter Pitegoff

Maine Law Review

How fitting it is to view urban development policy today with reference to Edmund Muskie and his role as U.S. Senator from Maine in the 1966 enactment of the Model Cities Program. The University of Maine School of Law is honored that the Maine Law Review 2014 symposium is part of this centennial celebration of Ed Muskie’s life and work. His wide-ranging career brought Muskie from Maine—where he served as state legislator and Governor—to national and global affairs as Senator, Secretary of State, and Vice Presidential nominee, and in other prominent leadership roles. We are fortunate ...


Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude, Peter H. Kenlan 2017 University of Maine School of Law

Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude, Peter H. Kenlan

Maine Law Review

On a late summer afternoon, a boy pilots a small boat toward a deserted beach while another crouches in the bow with an anchor poised and ready. As the boat gently scrapes to a halt, the anchor lands in the wet sand with a dull thud and the two boys splash ashore. Equipped only with peanut butter sandwiches, they set off along the beach looking for tide pools. Behind them, they leave only a few ephemeral footprints--readily erased by the waves. On a bright and clear February morning, a man rides his snowmobile along a well-traveled trail. The scenery flashes ...


Lotting Large: The Phenomenon Of Minimum Lot Size Laws, Paul Boudreaux 2017 University of Maine School of Law

Lotting Large: The Phenomenon Of Minimum Lot Size Laws, Paul Boudreaux

Maine Law Review

A dominant feature of American metropolitan areas is large lot zoning—the policy through which only house lots of a minimum size are permitted. This practice of "lotting large" contributes greatly to the sprawling nature of American suburbs. By restraining the supply of housing, large lot zoning laws please existing suburban homeowners. But they harm all other segments of the American populace, including the million new households who seek a home in the United States each year. This article explains how courts have been unwilling or unable to impose any meaningful restraints on local governments. It develops a simple economic ...


Health And Safety Overregulation, Michael Lewyn 2017 Touro Law Center

Health And Safety Overregulation, Michael Lewyn

Michael E Lewyn

Anti-jaywalking laws are designed to protect the safety of pedestrians. Similarly, police and child protection officials punish parents who allow their children to walk to school, in the name of child safety. This speech criticizes these policies and their justifications.


Land Development & Commercial Real Estate Problems (Volume Ii), Morton G. Gross 2017 Osgoode Hall Law School of York University

Land Development & Commercial Real Estate Problems (Volume Ii), Morton G. Gross

Osgoode Course Casebooks

Course Number 5160


Land Development & Commercial Real Estate Problems (Volume I), Morton G. Gross 2017 Osgoode Hall Law School of York University

Land Development & Commercial Real Estate Problems (Volume I), Morton G. Gross

Osgoode Course Casebooks

Course Number 5160


On The Twenty-Fifth Anniversary Of Lucas: Making Or Breaking The Takings Claim, Carol Brown 2017 University of Richmond

On The Twenty-Fifth Anniversary Of Lucas: Making Or Breaking The Takings Claim, Carol Brown

Law Faculty Publications

In Lucas v. South Carolina Coastal Council, the United States Supreme Court established the premier categorical regulatory takings standard with certain limited exceptions. The Lucas rule establishes that private property owners are entitled to compensation for a taking under the Fifth Amendment Takings Clause when a government regulation “denies all economically beneficial or productive use of land.” Today, Lucas remains the controlling law on categorical regulatory takings. But in application, how much does Lucas still matter?

My review of more than 1,600 cases in state and federal court reveals only twenty-seven cases in twenty-five years in which courts found ...


Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa 2017 School of the SEA, Bantayan, Cebu, Philippines

Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa

Environmental Law Program Publications @ Haub Law

From the foreword by Durwood Zaelke, President, Institute for Governance & Sustainable Development, Washington, DC.

“Since the beginning of time, human knowledge and culture have been passed down through stories. Short stories, songs, prayers, poems, even paintings can stick in your mind forever. These have always been the most powerful ways we learn and remember.

Tony is not only one of the world’s greatest lawyers, he is also one of the world’s greatest storytellers.

This book, in which he generously shares his experiences, his scars, and most importantly his humanity, is Tony’s gift to generations to come.

But ...


Blood Biofuels, Nadia B. Ahmad 2017 Barry University

Blood Biofuels, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad 2017 Barry University

Trust Or Bust: Complications With Tribal Trust Obligations And Environmental Sovereignty, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


A Hobbesian Bundle Of Lockean Sticks: The Property Rights Legacy Of Justice Scalia, J. Peter Byrne 2017 Georgetown University Law Center

A Hobbesian Bundle Of Lockean Sticks: The Property Rights Legacy Of Justice Scalia, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

No modern United States Supreme Court Justice has stimulated more thought and debate about the constitutional meaning of property than Antonin Scalia. This essay evaluates his efforts to change the prevailing interpretation of the Takings Clause. Scalia sought to ground it in clear rules embodying a reactionary defense of private owners’ prerogatives against environmental and land use regulation. Ultimately, Scalia aimed to authorize federal judicial oversight of state property law developments, whether through legislative or judicial innovation. In hindsight, he stands in a long tradition of conservative judges using property law as a constitutional baseline by which to restrain regulation.


Attacking Smart Growth, Michael Lewyn 2017 Touro Law Center

Attacking Smart Growth, Michael Lewyn

Touro Law Review

No abstract provided.


Western Shoshone Treaty Activism, Us Indian Claims Law & Human Rights Violations, Nathan Brien 2017 University of Colorado, Boulder

Western Shoshone Treaty Activism, Us Indian Claims Law & Human Rights Violations, Nathan Brien

Undergraduate Honors Theses

This project follows the treaty-based legal efforts of sisters Mary and Carrie Dann in their fight to assert Western Shoshone land rights against the US government. Beginning with a 1952 claims case before the Indian Claims Commission, the US attempt to make restitutions for the wrongful taking of Western Shoshone lands itself threatened persistent Shoshone treaty rights. The Dann sisters, along with other, self-described Western Shoshone “traditionals”, undertook to reverse the federal liquidation of Shoshone treaty rights, engaging federal claims commissioners, attorneys, and courts along the way. Their legal activism relied heavily on the assertion of sovereign rights under the ...


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon 2017 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon

Pace Law Faculty Publications

Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.


A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley 2017 Washington and Lee School of Law

A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley

Marquette Law Review

In the traditional account, American courts transformed the law of waste, radically diverging from the British courts around the time of the American Revolution. Some of the most influential theorists of American legal history have used this account as evidence that American law is driven by economics. Due to its adoption by influential scholars, this traditional account of waste law has shaped not only our understanding of property law, but also how we view the process of transforming law.

That traditional account, however, came not from a history of the doctrine, but from an elaboration of the benefits of the ...


Community Development Law And Economic Justice--Why Law Matters, Peter R. Pitegoff 2017 University of Maine School of Law

Community Development Law And Economic Justice--Why Law Matters, Peter R. Pitegoff

Faculty Publications

The evolution of community economic development (CED) over the past several decades has witnessed dramatic growth in scale and complexity. New approaches to development and related lawyering, and to philosophies underlying these approaches, challenge us to reimagine the framework of CED. From the early days of community development corporations to today’s sophisticated tools of finance and organization, this evolution reflects “why law matters” in pursuit of economic justice and opportunity. Change is visible in new approaches to enterprise development and novel grassroots initiatives that comprise a virtual “sharing economy,” as well as intensified advocacy around low-wage work and efforts ...


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