Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, 2015 University of San Francisco, School of Law
Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias
Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary ...
Canadian Mortgage Law And Prepayment Penalties, 2015 University of Toronto
Canadian Mortgage Law And Prepayment Penalties, Peter S. Spiro
Western Journal of Legal Studies
This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...
Land Use Planning—A Pragmatic Proposition: Regionally Planned Coastal Tdrs In Light Of Rising Seas, 2015 Western New England University School of Law
Land Use Planning—A Pragmatic Proposition: Regionally Planned Coastal Tdrs In Light Of Rising Seas, Dan Depasquale
No abstract provided.
Is An Apartment A Nuisance?, 2015 Touro Law Center
Is An Apartment A Nuisance?, Michael Lewyn
Michael E Lewyn
In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.
Rural Land Rights And Security In Cultivated Highland Ethiopia: Incremental Reform But Persistent Uncertainty, Tesfaye Teklu
International Journal of African Development
There are important improvements in tenure stability and security of land rights over the years in administratively allocated land. These gains are due to the private efforts of individual landholders, and incremental policy and legal measures. However, there are still unmet demands for certainty in land rights because of inherent instability in tenure associated with rising excess demand pressure for land, temporal decay in value of use rights certificate, deficiency in design and practice of land expropriation and compensation laws, and weakness in land governance and rural of law.
Land Tenure Security In Colombia: For Whom? What For? The Relativity Of The Property Rights Regime In The Context Of Transitional Justice And Economic Globalization, 2015 Osgoode Hall Law School - York University
Land Tenure Security In Colombia: For Whom? What For? The Relativity Of The Property Rights Regime In The Context Of Transitional Justice And Economic Globalization, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This paper intends to illustrate current challenges around the conceptualization and articulation of land tenure security in Colombia. This situation is explained by the existence of tensions between divergent normative rationales within the country’s policy agenda. On the one hand, the implementation of a transitional justice project intended to achieve sustainable peace in the country through the compensation of victims and execution of structural adjustments in the rural side. And on the other, the systematic conclusion of international investment agreements so as to attract foreign investment by means of the provision of a stable legal environment. It is contended ...
A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part Ii, 2015 Columbia, Fordham & NYU Law Schools
A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part Ii, Gerald Lebovits
No abstract provided.
Smart Growth-Oriented Density And Parking Regulations, 2015 Touro Law Center
Smart Growth-Oriented Density And Parking Regulations, Michael Lewyn
Michael E Lewyn
Many articles have been written about pro-sprawl land use regulation, such as minimum parking requirements. This speech, by contrast, focuses on the frequency of land use regulation designed to increase walkability- in particular, minimum density requirements and maximum parking requirements. I conclude that the first type of regulation is quite rare and usually very lenient. The second type of regulation is more frequent; however, the impact of maximum parking requirements is not yet clear.
Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, 2015 Duke University
Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, Xiao Recio-Blanco
Governments all around the world have addressed the challenge of marine resources management enacting laws and enforcing public policies. To date, most of these initiatives have failed. In Latin America, sophisticated environmental protection statutes are already in place. Unfortunately, these statutes are largely overlooked by sea users and government officials. Lack of compliance has become the most significant hurdle to the sustainable use of Latin America’s marine resources.
Recently, governments and Non-Governmental Organizations in Latin America have showed increased interest in Marine Spatial Planning (MSP). MSP is a process that analyzes the spatial distribution of human activities at sea ...
Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, 2015 Lewis & Clark Law School
Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, Michael Blumm, Andrea Lang
Environmental law usually features statutory interpretation or administrative interpretation by a single agency. Less frequent is a close look at the mechanics of implementing environmental policy across agency lines. In this article, we offer such a look: a comparative analysis of five statutes and their approaches to sharing decision-making authority among more than one federal agency. We call this pluralistic approach to administrative decisionmaking “shared sovereignty.”
In this analysis, we compare implementation of the National Environmental Policy, the National Historic Preservation Act, the Endangered Species Act, the Clean Water Act, and the Federal Power Act. All of these statutes incorporate ...
Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, 2015 University of Colorado Law School
Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law, Posner Center For International Development, Resolve (Firm), Newmont Mining Corporation
Seeds of Change: Responding to Global Change in a Bottom-Up World (Martz Winter Symposium, February 12-13)
Sponsors: Posner Center for International Development, RESOLVE, Inc., Newmont Mining Corporation, and Getches-Wilkinson Center for Natural Resources, Energy, and the Environment.
Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, Britt Banks, and Lakshman Guruswamy.
This conference is made possible through the generous support of donors who sponsored this year’s Martz Sustainability Symposium (including Newmont Mining Corporation) and those who have invested in our Clyde O. Martz Endowed Fund for Natural Resources Management (including Brian Dolan and Davis Graham and Stubbs LLP). The Martz Natural Resources Management Fund was established in the ...
Preventing Perpetuity: Ensuring Clean Mine Closure Without Water Treatment Into Infinity, 2015 University of Colorado Boulder
Preventing Perpetuity: Ensuring Clean Mine Closure Without Water Treatment Into Infinity, Nicholas Clabbers
Mine closure is a pressing environmental problem. Done improperly, mine closure can leave behind
an ugly legacy of water and soil pollution from heavy metals and mining byproducts. Many scientific
studies that attempt to quantify and explain the impacts of mine closure, both the formal legal and
policy analysis, are sparse, especially with regards to proposed solutions. This article fills that gap – it
provides an overview of the legal barriers to clean mine closure, a survey of existing law, and a
thorough analysis of a possible framework for improved mine remediation. It advances practical
solutions and works through the steps ...
Land Use Exactions, Anti-Evasion, And Koontz V. St. Johns River Water Management District, 2015 Campbell University
Land Use Exactions, Anti-Evasion, And Koontz V. St. Johns River Water Management District, Michael B. Kent Jr.
Michael B. Kent Jr.
This article considers the U.S. Supreme Court’s 2013 decision in Koontz v. St. Johns River Water Management District, which extended the application of the Court’s exactions test (known as Nollan/Dollan). The majority of the Court relied heavily on the unconstitutional conditions doctrine, explaining that this doctrine formed the basis not only for the Nollan/Dolan framework but also for the extension of that framework to Koontz’s new factual setting. Led by Justice Kagan, four members of the Court dissented. Although the dissenting Justices seemingly agreed with several of the majority’s propositions, they vigorously opposed ...
How Local Is Local?: A Response To Professor David B. Spence's The Political Economy Of Local Vetoes, 2015 West Virginia University
How Local Is Local?: A Response To Professor David B. Spence's The Political Economy Of Local Vetoes, Joshua P. Fershee
Joshua P Fershee
Professor Fershee responds to Professor David B. Spence’s article about local hydraulic fracturing bans: The Political Economy of Local Vetoes, 93 Texas L. Rev. 351 (2015). Professor Spence notes that the shale oil and gas debate provides an example of “an age-old political problem that the law is called upon to solve: the conflict between an intensely held minority viewpoint and a less intense, contrary view held by the majority.” In resolving such conflicts, Spence suggests that courts should resolve such “conflicts in ways that encourage states and local governments to regulate in ways that weigh both the costs ...
An App For That: Local Governments And The Rise Of The Sharing Economy, 2015 Notre Dame Law School
An App For That: Local Governments And The Rise Of The Sharing Economy, Andrew T. Bond
Notre Dame Law Review Online
The revolution of the Internet in the late 1990s brought consumers together in unique and unprecedented ways. The evolution of the sharing economy in the early twenty-first century builds upon the Internet’s revolution by connecting consumers and unused resources in a readily accessible and efficient manner.
At the same time, the sharing economy puts new pressures on local governments in choosing how to respond to this evolution. One method of evaluating local government responses is through a paradigmatic example. In this Essay, that case study is Uber: a novel and unabashedly antagonistic transportation service that offers on-demand taxi access ...
A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, 2015 Florida State University College of Law
A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino
A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach ...
Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai
Daniela E Lai
Geoengineering has been described as any large-scale environmental manipulation designed with the purpose of mitigating the effects of climate change without decreasing greenhouse gas emissions (GHGs). Currently there are no specific rules regulating geoengineering activities particularly if geoengineering is deployed in areas beyond national jurisdiction. This article argues that, in order to mitigate the risks of geoengineering, there needs to be effective regulation of its deployment both in international and domestic law. The risks of geoengineering can only be effectively regulated if there is international cooperation between all levels of governments and private individuals involved in the research and development ...
The (Somewhat) False Hope Of Comprehensive Planning, 2015 Touro Law Center
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Many commentators treat municipal comprehensive planning as necessary (or at least sufficient) for smart growth. This essay argues that comprehensive plans, although desirable, are neither necessary nor sufficient for "smarter" (that is, more nondriver-friendly) development.
An Environmental Understanding Of The Local Land Use System, 2015 Pace University School of Law
An Environmental Understanding Of The Local Land Use System, John R. Nolon
Pace Law Faculty Publications
This Article is adapted from Chapter Three of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published in 2014 by ELI Press. The book updates and expands on the author’s previous work, describing in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This Article outlines a comprehensive framework for understanding how traditional local land use authority can be used to preserve natural resources and environmental functions at the community level.
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, 2015 Pace University School of Law
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon
Pace Law Faculty Publications
This Article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. It merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.
Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures ...