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Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern 2018 Florida State University College of Law

Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author explores the ambiguity that is Florida's Butler Act and argues that direction is needed, either from the Florida Supreme Court or the Florida Legislature. The discussion begins with the roots of the Butler Act, the Riparian Rights Act of 1856, the analysis of which blends seamlessly with that of the public trust doctrine. Turning to the most significant ambiguity in the Butler Act, the author surveys the cases construing the meaning of "improvements" as used in the Act and contrasts each of them against the others. Most notably, the author examines the effect the ...


Highlights In North American Litigation During The Twentieth Century On Artificial Fluoridation Of Public Water Supplies, John Remington Graham, Pierre-Jean Morin 2018 Florida State University College of Law

Highlights In North American Litigation During The Twentieth Century On Artificial Fluoridation Of Public Water Supplies, John Remington Graham, Pierre-Jean Morin

Florida State University Journal of Land Use and Environmental Law

Drawing on first hand observations, John R. Graham and Dr. Pierre Morin give us a glimpse into the policy, science and controversy leading to the fluoridation of public drinking water supplies and the ensuing litigation and cover-up centering around the harmful effects of fluorine. Beginning with a thorough analysis and discussion of natural law as developed and applied by the United States Supreme Court, the authors argue that fluoridation of public water supplies can no longer be continued. Next, the authors discuss the scientific basis for their arguments. Citing to numerous studies and explaining the mathematics used by some of ...


Recent Developments In Land Use And Environmental Law, Amy Voigt 2018 Florida State University College of Law

Recent Developments In Land Use And Environmental Law, Amy Voigt

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Book Review: The Failure Of Property Rights To Guard The Integrity Of The Individual, Heather F. Lindsay 2018 Florida State University College of Law

Book Review: The Failure Of Property Rights To Guard The Integrity Of The Individual, Heather F. Lindsay

Florida State University Journal of Land Use and Environmental Law

In this Book Review, the author provides an open and honest rebuttal to the book Property Rights: Understanding Government Takings and Environmental Regulation written by Nancie G. Marzulla and Roger J. Marzulla. The author examines the book chapter by chapter, taking apart and analyzing the theoretical and philosophical assertions contained in the book. A recurrent theme in her discussion, driven home in the conclusion, is the need for balance between community needs and individuals in the context of the Property Rights Movement.


An Analysis Of A Global Co2 Emissions Trading Program, Hoong N. Young 2018 Florida State University College of Law

An Analysis Of A Global Co2 Emissions Trading Program, Hoong N. Young

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author examines the strengths and weaknesses of using an emissions trading program, instead of a traditional command and control method, to reduce pollution emissions. The Comment analyzes two programs currently being used in the United States, the SO2 trading program and the Regional Clean Air Incentives Market (RECLAIM). Based on this analysis, the author discusses potential problems with a global CO2 emissions trading program and offers some suggestions as to possible solutions for these problems.


The Perpetuation Of Residential Racial Segregation In America: Historical Discrimination, Modern Forms Of Exclusion, And Inclusionary Remedies, Marc Seitles 2018 Florida State University College of Law

The Perpetuation Of Residential Racial Segregation In America: Historical Discrimination, Modern Forms Of Exclusion, And Inclusionary Remedies, Marc Seitles

Florida State University Journal of Land Use and Environmental Law

This Comment analyzes the current state of residential racial segregation in America. It begins by taking a close look at the history of residential racial segregation, namely the urban ghetto, the role of the United States Government, exclusionary zoning, and private discrimination. The author then turns his attention to the harmful effects of residential racial segregation on minorities, focusing primarily on the lack of choice in housing options and the economic and social costs of racial segregation. The author next explores the policy reasons to support housing integration. In addition to pointing out the benefits, the author exposes the hidden ...


Orders: A Wolf In Sheep's Clothing For Environmental And Toxic Tort Litigation, John T. Burnett 2018 Florida State University College of Law

Orders: A Wolf In Sheep's Clothing For Environmental And Toxic Tort Litigation, John T. Burnett

Florida State University Journal of Land Use and Environmental Law

In colorful prose, the author begins the Comment with an excellent hypothetical illustrating the heavy burden a Lone Pine Order places on a plaintiff struggling to keep a toxic torts case in court. Starting with this foundation, the author conducts an in-depth review of the elements and operation of Lone Pine Orders. Next, the author outlines the features of typical torts case, pointing out how the features make compliance with a Lone Pine Order very difficult. The author next discusses and compares the pros and cons of Lone Pine Orders. He thoroughly examines how a Lone Pine Order can be ...


Our National Parks--Overcrowded, Underfunded, And Besieged With A Myriad Of Vexing Problems: How Can We Best Fund Out Imperiled National Park System?, Richard J. Ansson, Jr. 2018 University of Missouri-Kansas City School of Law

Our National Parks--Overcrowded, Underfunded, And Besieged With A Myriad Of Vexing Problems: How Can We Best Fund Out Imperiled National Park System?, Richard J. Ansson, Jr.

Florida State University Journal of Land Use and Environmental Law

This Article sheds light on the precarious position our national park system currently occupies. It begins by briefly discussing the events leading up to the creation of the National Park Service and its statutory foundation. The author provides a detailed discussion of the financial problems currently facing the National Park System. The author explores thoroughly each problem, more people, more problems, more parks, and Park service mismanagement, and the effects dwindling budgets are having on the park system as a whole. Throughout his discussion, the author provides heartbreaking examples of the financial problems with such popular parks as Grand Canyon ...


Recent Developments In Land Use And Environmental Law, Chanta G. Hundley 2018 Florida State University College of Law

Recent Developments In Land Use And Environmental Law, Chanta G. Hundley

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


1998 Recommended Web Sites For Land Use And Environmental Law, Martha Mann 2018 Florida State University College of Law

1998 Recommended Web Sites For Land Use And Environmental Law, Martha Mann

Florida State University Journal of Land Use and Environmental Law

This review is an excellent reference tool for practitioners looking for information on environmental and land use law on the Internet. The review is divided into subtopics for easy viewing and provides a brief overview of the type of information available on many of the major web sites addressing environmental and land use law.


Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice 2018 Florida State University College of Law

Book Review: Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property, Maribel Nicholson-Choice

Florida State University Journal of Land Use and Environmental Law

Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property by Todd S. Davis and Kevin D. Margolis, with a preface by Vice President Al Gore is a guide for assisting individuals with understanding Brownfields. Based on her years of experience as a practitioner in the field, the reviewer believed that this book is an excellent tool for lawyers who wish to become acquainted with the complexities of brownfields redevelopment. The reviewer states that the book does an excellent job at not limiting its analysis to any one point of view. The reviewer noted that the book begins by clearly defining the ...


Book Review: Wetlands Mitigation: Mitigation Bank And Other Strategies For Development And Compliance, Frank E. Matthews, Kimberly Grippa 2018 Florida State University College of Law

Book Review: Wetlands Mitigation: Mitigation Bank And Other Strategies For Development And Compliance, Frank E. Matthews, Kimberly Grippa

Florida State University Journal of Land Use and Environmental Law

Wetland Mitigation: Mitigation Banking and Other Strategies for Development and Compliance by Mark S. Dennison is a book designed as a guide to understanding, evaluating, and implementing various mitigation measures needed to avoid, minimize or compensate for land use development impacts to wetlands. Further, this book explains the regulatory framework, permit process, and mitigation prerequisites to obtaining permit approvals to carry out land use development activities in wetland areas. As practitioners in the field of mitigation banking in Florida, the reviewers offer their unique insight into the effectiveness of Mr. Dennison's book. The book review describes the subject matter ...


Death On The High Seas: The Demise Of Tovalop And Cristal, Susan Bloodworth 2018 Florida State University College of Law

Death On The High Seas: The Demise Of Tovalop And Cristal, Susan Bloodworth

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author provides an overview of TOVALOP and CRISTAL. The author also discusses other U.S. and international remedies for oil spill damages. An evaluation of the ramifications which are being realized because TOVALOP and CRISTAL are no longer enforced follows. This Comment concludes by suggesting that any future oil pollution compensation scheme must include TOVALOP and CRISTAL because these agreements provided the greatest likelihood of compensation to those damaged by maritime oil pollution.


Coastal Protection Of Sea Turtles In Florida, Katherine R. Butler 2018 Florida State University College of Law

Coastal Protection Of Sea Turtles In Florida, Katherine R. Butler

Florida State University Journal of Land Use and Environmental Law

This Comment concentrates on the coastal threats to sea turtle survival in Florida and the laws the state has enacted to protect sea turtles against the detrimental effects of human coastal activities, including operating vehicles on the beaches, artificial beachfront lighting, and interference in nesting behavior associated with coastal construction and erosion control projects. After providing background information on sea turtle behavior and describing the dangers sea turtles face in Florida, this Comment examines federal and state laws designed to protect sea turtles. The author then analyzes the success of these laws and additional efforts to protect Florida's sea ...


Black Gold In A White Wilderness-Antarctic Oil: The Past, Present, And Potential Of A Region In Need Of Sovereign Environmental Stewardship, Joseph J. Ward 2018 Florida State University College of Law

Black Gold In A White Wilderness-Antarctic Oil: The Past, Present, And Potential Of A Region In Need Of Sovereign Environmental Stewardship, Joseph J. Ward

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author provides an overview of the geography of Antarctica and describes the key treaty agreements governing the region. This is followed by a review of the prospects of oil exploitation in Antarctica and the surrounding seas, and an explanation of the necessary conditions for feasible oil exploitation. In another segment of this Comment, the author predicts the effect a significant Antarctic oil discovery would have on the Antarctic Treaty System and points out problems with the current Antarctic minerals regime, suggesting that the sovereignty issue must be resolved if future conflict is to be avoided in ...


Emf At Home: The National Research Council Report On The Health Effects Of Electric And Magnetic Fields, Patsy W. Thomley 2018 Cumberland School of Law of Sanford University

Emf At Home: The National Research Council Report On The Health Effects Of Electric And Magnetic Fields, Patsy W. Thomley

Florida State University Journal of Land Use and Environmental Law

With numerous claims that power line in general and electromagnetic fields (EMF) specifically are harming humans, the National Research Council conducted a study and published a report on the results of its study. This Article analyzes the National Research Council Report. The Article begins by presenting the effect that the controversy surrounding electric and magnetic fields has had on public perception along with some of the concomitant effects on property evaluation, land use, and tort litigation. The author continues by explaining electric and magnetic fields. Next, a summary of the National Research Council Report and its conclusions are reviewed. The ...


Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle 2018 University of Illinois College of Law

Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle

Florida State University Journal of Land Use and Environmental Law

Our 1997-1998 Distinguished Lecturer authored an Essay addressing property ownership questions in view of four contemporary narratives of land ownership. This Essay discusses in turn the libertarian narrative of individual autonomy, the more traditional narrative of property focused on economic opportunity, a community-centered narrative that understands property as an evolving tool to meet community needs, and a biocentric narrative that looks to the land itself to prescribe the rules on how it can be used. This discussion begins reviewing these tales with the one that has stirred up the most controversy lately, the narrative of autonomy. It is in this ...


Recent Developments In Land Use And Environmental Law, Wes Strickland 2018 Florida State University College of Law

Recent Developments In Land Use And Environmental Law, Wes Strickland

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Recommended Legal Websites For Land Use And Environmental Law, Martha Mann 2018 Florida State University College of Law

Recommended Legal Websites For Land Use And Environmental Law, Martha Mann

Florida State University Journal of Land Use and Environmental Law

This review of legal web sites for environmental and land use law serves as a useful tool for practitioners looking to expand their research to the vast array of information on the internet. The author provides a brief overview of the beginnings of the internet and how do an internet search. The review focuses on describing many of the major web sites containing information about either land use or environmental law.


Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker 2018 Florida State University College of Law

Preventing The Secondary Effects Of Adult Entertainment Establishments: Is Zoning The Solution?, Dana M. Tucker

Florida State University Journal of Land Use and Environmental Law

This Comment examines the effects of the adult entertainment industry on America's communities and addresses whether current legal protections adequately shield communities from negative secondary effects resulting from the industry. The Comment begins by recounting the history of municipalities' abilities to zone out adult entertainment establishments, describing the growth of the industry, and outlining the growth of their First Amendment protection. Next, the Comment examines the potential secondary effects resulting from adult entertainment establishments, including the spread of AIDS, increased prostitution, rape, crime, and neighborhood deterioration. The author discusses whether zoning is a viable method for decreasing these secondary ...


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