Slides: Practicing Sustainability In Natural Resource Industries, 2015 University of Colorado Law School
Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)
Holding Standards For Randsome: A Remedial Perspective On Rand Licensing Commitments, 2015 Faulkner University School of Law
Holding Standards For Randsome: A Remedial Perspective On Rand Licensing Commitments, Layne S. Keele
Layne S. Keele
In Apple, Inc. v. Motorola, Inc., 757 F.3d 1286 (Fed. Cir. 2014), the four federal judges who considered the case—Judge Posner by designation at the trial level, and three Federal Circuit judges on appeal—all expressed differing opinions on the question of whether and to what extent extraordinary patent remedies should be available for the infringement of standard-essential patents. This article aims to simplify this muddled and confusing topic.
The article employs a teleological approach, examining the purposes behind remedies in general, the purposes of extraordinary remedies in patent law, and the purposes of RAND commitments (commitments to ...
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 ...
Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, 2015 Western University
Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley
Western Journal of Legal Studies
This paper compares and analyzes the incentive structure of Ontario and British Columbia’s civil asset forfeiture regimes. Part one surveys the American civil forfeiture experience to draw out theoretical considerations from American academia and inform a discussion of Canadian law. Part two compares the Ontario and British Columbia civil forfeiture regimes and identifies institutional incentives and barriers embedded in the framework of the forfeiture regimes in each province. Part three uses empirical data to explain how Ontario and British Columbia’s incentive structures affect civil forfeiture’s use. The paper argues there is an optimal allocation of resources towards ...
Copyright And Good Faith Purchasers, 2015 University of Pennsylvania Law School
Copyright And Good Faith Purchasers, Shyamkrishna Balganesh
Good faith purchasers for value — individuals who unknowingly and in good faith purchase property from a seller whose own actions in obtaining the property are of questionable legality — have long obtained special protection under the common law. Despite the seller’s own actions being tainted, such purchasers obtain valid title themselves and are allowed to freely alienate the property without any restriction. Modern copyright law, however, does just the opposite. Individuals who unknowingly and in good faith purchase property embodying an unauthorized copy of a protected work are altogether precluded from subsequently alienating such property, or risk running afoul of ...
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 ...
Taking The Oceanfront Lot, 2015 University of South Carolina
Taking The Oceanfront Lot, Josh Eagle
Oceanfront landowners and states share a property boundary located between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the owner ...
Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering
For most of its four-decade history, section 404(c) of the Clean Water Act could have been considered to be a sleeper provision of environmental law. The proviso authorizes the U.S. Environmental Protection Agency (EPA) overrule permits for discharges of dredged or fill material issued by the U.S. Army Corps of Engineers (Corps) where necessary to ensure protection of fish and wildlife habitat, municipal water supplies, and recreational areas against unacceptable adverse effects. This authority of one federal agency to veto the decisions of another federal agency is quite unusual, perhaps unprecedented in environmental law. The exceptional nature ...
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 ...
Protecting Endangered Species Habitat On Private Property: The Public-Private Constitutional Balance Need Not Be A Zero-Sum Game, 2015 Boston College Law School
Protecting Endangered Species Habitat On Private Property: The Public-Private Constitutional Balance Need Not Be A Zero-Sum Game, Marisa P. Kaley
Boston College Environmental Affairs Law Review
In 2006, the thirty-six acre parcel of land in Hampden, Massachusetts on which William and Marlene Pepin planned to build their retirement home was designated as “priority habitat” for the eastern box turtle, a species of special concern in the Commonwealth. The designation triggered development restrictions intended to prevent harm to the turtle, prompting the Pepins to challenge both the validity of the Massachusetts Endangered Species Act regulations that implement the priority habitat scheme, and the decision by the Department of Fisheries and Wildlife to so delineate their property. The Massachusetts Supreme Judicial Court upheld the priority habitat scheme and ...
Contested Shore: Property Rights In Reclaimed Land And The Battle For Streeterville, 2015 Northwestern University School of Law
Contested Shore: Property Rights In Reclaimed Land And The Battle For Streeterville, Joseph D. Kearney, Thomas W. Merrill
Northwestern University Law Review
No abstract provided.
Migrating Boundaries, 2015 University of Florida Levin College of Law
Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams
Florida Law Review
The boundaries between land parcels usually are assumed to be static and unchanging. However, not all land borders are stable. An important land boundary that routinely ambulates is the border between what is publicly and privately owned along U.S. coastal shores. This coastal boundary recently has been the subject of renewed attention from the courts, scholars, and even the popular press in the wake of Hurricane Sandy. This Article offers an economic analysis of why the boundary generally ambulates, rather than remaining perpetually fixed as land borders usually are assumed to do. It also considers whether the legal border ...
The Trespass Fallacy In Patent Law , 2015 University of Florida Levin College of Law
The Trespass Fallacy In Patent Law , Adam Mossoff
Florida Law Review
The patent system is broken and in dire need of reform; so says the popular press, scholars, lawyers, judges, congresspersons, and even the President. One common complaint is that patents are now failing as property rights because their boundaries are not as clear as the fences that demarcate real estate—patent infringement is neither as determinate nor as efficient as trespass is for land. This Essay explains that this is a fallacious argument, suffering both empirical and logical failings. Empirically, there are no formal studies of trespass litigation rates; thus, complaints about the patent system’s indeterminacy are based solely ...
The Fault Of Trespass, 2015 Tel Aviv University, Faculty of Law
The Fault Of Trespass, Avihay Dorfman, Assaf Jacob
The conventional wisdom has it that a property owner assumes virtually no responsibility for guiding others in fulfilling their duties not to trespass on the former's property. In other words, the entire risk of making an unauthorized use of the property in question rests upon the duty-holders. This view is best captured by the Keep-Off picture of property, according to which the content of the duty in question is that of excluding oneself from a thing that is not one's own. In this article, we argue that this view is mistaken. We advance conceptual, normative, and doctrinal arguments ...
Fundamental Rights And Concessions Of Privilege, 2015 Faulkner University
Fundamental Rights And Concessions Of Privilege, Adam Macleod
On the eve of its final triumph, has the cause of marriage equality fallen short? This essay discusses persistent differences in the incidents that attach to same-sex marriages versus man-woman marriages. It examines these in light of the distinction between fundamental rights and concessions of privilege in marriage law, and in common law constitutionalism generally. It suggests that proponents of marriage equality and courts would do well to give more attention to this distinction, and that lawmakers would do well to consider how additional concessions of privilege can best serve the interests of all.
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, 2014 Touro Law School
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer
Touro Law Review
No abstract provided.
Summary Of First Financial Bank V. Lane, 130 Nev. Adv. Op. 96, 2014 Nevada Law Journal
Summary Of First Financial Bank V. Lane, 130 Nev. Adv. Op. 96, Joseph Meissner
Nevada Supreme Court Summaries
The Court determined whether the definition of “indebtedness,” found in NRS 40.451, in conjunction with NRS 40.459, limits the amount a successor lienholder can recover in a deficiency judgment.
Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, 2014 University of Massachusetts School of Law
Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington
University of Massachusetts Law Review
There are presently two pieces of legislation pending on Beacon Hill that are intended to offer amendments to the Homestead Statute and Exemption Statute that would offer meaningful changes and real relief for the citizens of the Commonwealth. This article provides a brief history of the two statutory schemes, provides some comparisons to the schemes in other states, and highlights the changes sought by the proposed amendments.
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, 2014 Touro College Jacob D. Fuchsberg Law Center
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
Touro Law Review
No abstract provided.
Takings Cases In The October 2004 Term, 2014 Touro Law School
Takings Cases In The October 2004 Term, Leon D. Lazer
Touro Law Review
No abstract provided.