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Under The River And Through The Common Law: Analyzing The Impacts And Propensity Of State Adoption Of The Ppl Montana Navigability-For-Title Standard, Jessica Kraus 2021 William & Mary Law School

Under The River And Through The Common Law: Analyzing The Impacts And Propensity Of State Adoption Of The Ppl Montana Navigability-For-Title Standard, Jessica Kraus

William & Mary Environmental Law and Policy Review

No abstract provided.


U.S. Property Law: A Revised View, Kamaile A.N. Turčan 2021 William & Mary Law School

U.S. Property Law: A Revised View, Kamaile A.N. Turčan

William & Mary Environmental Law and Policy Review

No abstract provided.


Entitlement-Shifting Rules, Troy A. Rule 2021 Arizona State University Sandra Day O’Connor College of Law

Entitlement-Shifting Rules, Troy A. Rule

Boston College Law Review

This Article describes and analyzes entitlement-shifting rules: laws that initially assign a legal “entitlement” to one party and subsequently reassign the same entitlement to a different party. Guido Calabresi and Douglas Melamed’s classic framework of property rules and liability rules involves two basic steps that yield four possible combinations of entitlement assignments and protective rules. These combinations are conventionally numbered in a particular order as rules one through four. Over the years, numerous scholars have built upon Calabresi and Melamed’s four-rule structure with add-on rules that tweak the model’s second step of assigning property or liability rule ...


Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender 2021 Northwestern Pritzker School of Law

Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender

Northwestern Journal of Law & Social Policy

The sharp and growing wealth divide in the United States has elicited significant media and public attention over the past decade, with loud calls for achieving social goals through tax system change. While wealth preservation loopholes in the Internal Revenue Code can contribute to wealth inequalities, tax policies that incentivize socially responsible, tax efficient investment offer an attractive tool for estate planning professionals while also promoting social impact programs. Additionally, while direct government investments into low-income community development, land preservation, and food security are important drivers of change, tax policies that push private capital into these causes are equally important ...


The Broad Form Deed Amendment: Does It Still Have A Purpose? An Analysis Of The Broad Form Deed Amendment In Light Of Ward V. Harding, Robert H. Eardley 2021 University of Kentucky

The Broad Form Deed Amendment: Does It Still Have A Purpose? An Analysis Of The Broad Form Deed Amendment In Light Of Ward V. Harding, Robert H. Eardley

Journal of Natural Resources & Environmental Law

No abstract provided.


When Daylight Reveals Neighborhood Nightmares: The Duty Of Builders And Developers To Disclose Off-Site Environmental Conditions, Serena M. Williams 2021 University of Louisville

When Daylight Reveals Neighborhood Nightmares: The Duty Of Builders And Developers To Disclose Off-Site Environmental Conditions, Serena M. Williams

Journal of Natural Resources & Environmental Law

No abstract provided.


Definition Of Tenancy Contract In Islamic Fiqh And Arabic Man-Made Legislation-د. محمد علي عبد الرحمن وفا, 2021 United Arab Emirates University

Definition Of Tenancy Contract In Islamic Fiqh And Arabic Man-Made Legislation-د. محمد علي عبد الرحمن وفا

Journal Sharia and Law

The chosen definition for tenancy contract i n Islamic Fiqh is: "to pass a certain benefit into one's possession in ret urn for a certain con­sideration". We say 'to pass a benefit into one's possession" to show that tenancy is to pass benefits into one's possession, unlike selling which is to pass. Subject of selling in to the purchaser's possession. We also say: "a certain benefit” to show that the benefit, contracted upon in the tenancy contract must be provided with certain conditions. It should be legal, aimed at, well-k now n, easy to hand ...


Direct Lawsuit Against The Subtenant - الدعوى المباشرة للمؤجر الأصلي ضد المستأجر من الباطن, Dr. Mohammed Bendari 2021 Faculty of Sharia and Law - Al-Azhar University - Egypt

Direct Lawsuit Against The Subtenant - الدعوى المباشرة للمؤجر الأصلي ضد المستأجر من الباطن, Dr. Mohammed Bendari

Journal Sharia and Law

Direct lawsuit filed from the Landlord (Original renter) against the subtenant contains a departure from the general rules of civil law on both the principle of equality before the law of ordinary creditors about their general liability and the principle of the ratio of contract consequences. This departure is justified on the basis of justice since direct lawsuit is an easy way for the renter to get the rent dues.

Scholars had various disputes and point of views on the nature of this lawsuit due to their desire to relate it to one of the known legal systems under civil ...


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller 2021 Fordham Law School

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...


The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer 2021 Fordham Law School

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...


Valuation Blunders In The Law Of Eminent Domain, Richard A. Epstein 2021 The Laurence A. Tisch Professor of Law, New York University School of Law

Valuation Blunders In The Law Of Eminent Domain, Richard A. Epstein

Notre Dame Law Review

In dealing with the valuation problem, I will bracket these estimation issues in order to look to different and disturbing types of difficulties in the valuation enterprise. The law of eminent domain starts with the implicit assumption that the government is in general a good actor whose motives and laudable and whose behavior does not need excessive judicial oversight. Hence the general norm of judicial deference often applies to valuation decisions. In the cases that I shall review, as well as others, a general pattern emerges, whereby all doubtful valuation questions that arise dealing with key problems are at best ...


Dynamic Property Taxes And Racial Gentrification, Andrew T. Hayashi 2021 Class of 1948 Professor of Scholarly Research in Law, University of Virginia School of Law

Dynamic Property Taxes And Racial Gentrification, Andrew T. Hayashi

Notre Dame Law Review

Many jurisdictions determine real property taxes based on a combination of current market values and the recent history of market values, introducing a dynamic aspect to property taxes. By design, homes in rapidly appreciating neighborhoods enjoy lower tax rates than homes in other areas. Since growth in home prices is correlated with—and may be caused by—changing neighborhood demographics, dynamic property taxes will generally have racially disparate impacts. These impacts may explain why minority-owned homes tend to be taxed at higher rates. Moreover, the dynamic features of local property taxes may subsidize gentrification and racially discriminatory preferences.


Environmental Permits: Public Property Rights In Private Lands And The Extraction And Redistribution Of Private Wealth, Jason S. Johnston 2021 Henry L. and Grace Doherty Charitable Foundation Professor of Law, University of Virginia School of Law

Environmental Permits: Public Property Rights In Private Lands And The Extraction And Redistribution Of Private Wealth, Jason S. Johnston

Notre Dame Law Review

Back in 1995, Professor Epstein famously termed such use of the permit power a “racket,” and as observed very recently by Dave Owen, still today many landowners and conservative critics would agree with the Supreme Court’s description of the process (in Nollan v. California Coastal Commission) as an “out-and-out plan of extortion.” However extortionate such deals may be, regulators with permit power may require landowners to bargain with them before developing their land or else face legal sanctions. This Essay explores in more detail how such bargaining has played out under two of the most important permit regimes in ...


The Compensation Constraint And The Scope Of The Takings Clause, Thomas W. Merrill 2021 Charles Evans Hughes Professor, Columbia Law School

The Compensation Constraint And The Scope Of The Takings Clause, Thomas W. Merrill

Notre Dame Law Review

The idea I wish to explore in this Essay is whether the established methods for determining just compensation can shed light on the meaning of other issues that arise in litigation under the Takings Clause. Specifically, is it possible to “reverse engineer” the Takings Clause by reasoning from settled understandings about how to determine just compensation in order to reach certain conclusions about when the Clause applies, what interests in private property are covered by the Clause, and what does it mean to take such property? The proposed exercise is positive or descriptive in nature rather than normative. The hypothesis ...


Rights Of Surface Owners On Federally Patented Lands, Hector Lareau 2021 Snyder & Schwarz, P.C.

Rights Of Surface Owners On Federally Patented Lands, Hector Lareau

Journal of Natural Resources & Environmental Law

No abstract provided.


Givens V. Mountain Valley Pipeline, Llc And The Unresolved Circuit Split, Karen Alday 2021 Texas A&M University School of Law

Givens V. Mountain Valley Pipeline, Llc And The Unresolved Circuit Split, Karen Alday

Texas A&M Journal of Property Law

The natural gas industry is central to the United States economy. However, due to vague regulations and judicial leniency, natural gas pipeline companies have almost zero restraint in exercising eminent domain. Their current operations mirror that of the federal government’s authority to exercise immediate possession. Recently, landowners have contested the pipeline industry’s authority to exercise eminent domain, which has developed into a circuit split. The Fourth Circuit, and the six other circuits that have followed suit, hold that pipeline companies have the substantive right to immediate entry and are entitled to a preliminary injunction before a trial on ...


Houston, We Have A Gentrification Problem: The Gentrification Effects Of Local Environmental Improvement Plans In The City Of Houston, Madeline Marguerite Byers 2021 Texas A&M University School of Law

Houston, We Have A Gentrification Problem: The Gentrification Effects Of Local Environmental Improvement Plans In The City Of Houston, Madeline Marguerite Byers

Texas A&M Journal of Property Law

Local environmental improvement plans are increasingly popular among urban planners. As climate change and environmental justice concerns increase, many communities demand a change in local land use policies that put these concerns at the forefront. One such community is the city of Houston, Texas, which issued several environmental improvement plans in recent years after the devastation of Hurricane Harvey. As used in this Comment, an environmental improvement plan is a local government planning initiative that aims to implement positive environmental change in urban areas historically burdened by environmental hazards. Such neighborhoods are often undeveloped, low-socioeconomic communities blighted by an accumulation ...


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