The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), 2015 John Marshall Law School
The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng
Michael P. Seng
No abstract provided.
Incoherencias Y Vacíos En La Sentencia Del Vii Pleno Casatorio, 2015 Universidad San Marcos
Incoherencias Y Vacíos En La Sentencia Del Vii Pleno Casatorio, Alan A. Pasco Arauco
Alan A. Pasco Arauco
No abstract provided.
Agdaagux Tribe Of King Cove V. Jewell, 2015 Alexander Blewett III School of Law at the University of Montana
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Public Land & Resources Law Review
In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.
The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, 2015 University of Georgia School of Law
The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy
Georgia Journal of International & Comparative Law
No abstract provided.
Public Trust Doctrine Implications Of Electricity Production, 2015 University of Delaware
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Michigan Journal of Environmental & Administrative Law
The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, 2015 University of Michigan - Dearborn
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff, 2015 Roger Williams University
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff, Roger Williams University School Of Law, Marine Affairs Institute, Sea Grant Rhode Island, Coastal Resources Management Council, University Of Rhode Island Graduate School Of Oceanography
School of Law Conferences, Lectures & Events
No abstract provided.
Emergency Takings, 2015 Brooklyn Law School
Real Property, 2015 Mercer University School of Law
Real Property, Linda S. Finley
Mercer Law Review
A review of the survey of real property law for the last several years shows an evolution of topics. One year the creation of the Georgia Fair Lending Act, and the duties that new legislation placed upon attorneys and lenders was a critical topic; the following year (and the next), the topic of interest was how title to church property is determined when a congregation splits. For the last few years, the downturn in the Georgia and national economy, and the protection of consumers under foreclosure laws and from the unauthorized practice of law, have seen both judicial and legislative …
Solar Rights In The United States, 2015 University of Connecticut
Solar Rights In The United States, Sara Bronin
Sara C. Bronin
Solar rights are legal rights needed to ensure that a piece of land has access to sunlight. These rights may be of interest to property owners seeking to undertake a variety of activities: farming, lighting, and clothes drying, to name a few. But perhaps the most economically significant purpose for which solar rights may be utilized is for the purpose of solar collectors. Such devices are used to harness the rays of the sun and transform them into thermal, chemical, or electrical energy. In an era of increasing deployment of solar collectors across the globe, the fair and efficient allocation …
Liberty At The Borders Of Private Law, 2015 California Western School of Law
Liberty At The Borders Of Private Law, Donald J. Smythe
Akron Law Review
Liberty is both dependent upon and limited by the State. The State protects individuals from the coercion of others, but paradoxically, it must exercise coercion itself in doing so. Unfortunately, the reliance on the State to deter coercion raises the possibility that the State’s powers of coercion might be abused. There is, not surprisingly, therefore, a wide range of literature on the relationship between law and liberty, but most of it focuses on the relationship between public law and liberty. This Article focuses on the relationship between private law and liberty. Private laws are enforced by courts. Since the judiciary …
Todds: A Transfer On Death Dilemma? A Comprehensive Analysis Of Minnesota’S Transfer On Death Deed Statute—Minn. Stat. § 507.071, 2015 Mitchell Hamline School of Law
Todds: A Transfer On Death Dilemma? A Comprehensive Analysis Of Minnesota’S Transfer On Death Deed Statute—Minn. Stat. § 507.071, Keriann L. Riehle
Journal of Law and Practice
No abstract provided.
The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, 2015 Cleveland State University
The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire
Et Cetera
The EPA and US Army Corps of Engineers’ agency rule regarding the definition of “Waters of the United States” under the Clean Water Act increased jurisdictional assertions by as much as 5%. What’s the big deal? This violates the Home Rule of state and local governments. This violation also creates concerns where many property owners are not sure if they need federal permits to develop land under the Clean Water Act. With issues like this new Clean Water Act rule, the drought conditions in the Western U.S., and international concerns regarding fresh water, water law is a critical area which …
What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", 2015 William & Mary Law School
What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser
William & Mary Environmental Law and Policy Review
In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), the Supreme Court held that an agency could not, consistent with the Takings Clause, condition a permit on a land exaction unless the exaction bears an “essential nexus” and “rough proportionality” to the harms the government seeks to mitigate. Then, in Koontz v. St. Johns Water Management District, 133 S. Ct. 2586 (2013), the Court extended Nollan and Dolan to exactions that were never completed because the property owner refused to acquiesce to the demand. Nevertheless, the Court held that …
Submission To Review Of The Retail Shop Leases Act 2994 (Qld), 2015 Bond University
Submission To Review Of The Retail Shop Leases Act 2994 (Qld), Tammy Johnson
Tammy Johnson
No abstract provided.
Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era, 2015 University of Florida Levin College of Law
Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era, Danaya C. Wright
Danaya C. Wright
After providing a brief explanation of railroad development, railbanking, the takings cases, and the Brandt Trust decision, this Article will explore the implications of each of these three legal issues at the heart of the takings disputes. What makes the decision in Marvin M. Brandt Revocable Trust v. United States particularly disappointing is not that the Court came to the wrong conclusion in its interpretation of the railroad’s interest in federally granted railroad rights of way (“FGROWs”) granted pursuant to the 1875 General Railroad Right of Way Act, but that its wrong interpretation adds all of the 1875 Act FGROW …
Reliance Interests And Takings Liability For Rail-Trail Conversions: Marvin M. Brandt Revocable Trust V. United States, 2015 University of Florida Levin College of Law
Reliance Interests And Takings Liability For Rail-Trail Conversions: Marvin M. Brandt Revocable Trust V. United States, Danaya C. Wright
Danaya C. Wright
On October 1, 2013, the U.S. Supreme Court granted certiorari in a relatively obscure case,Marvin M. Brandt Revocable Trust v. United States. On its face, the case involves an interpretation of the property rights created by the General Railroad Right of Way Act of 1875, which gave to any railroad, chartered by a state or territory, "[t]he right of way [200 feet wide] through the public lands of the United States." The 1875 Act was passed after a brief hiatus in congressional support for railroads following the era of lavish land grants between 1862 and 1871, in which over 94 …
Euclid Lives: The Survival Of Progressive Jurisprudence, 2015 University of Florida Levin College of Law
Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf
Michael A Wolf
The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach-- Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co . This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …
Property: Quick Review Sum & Substance Series, 2015 Georgia State University College of Law
Property: Quick Review Sum & Substance Series, Julian Juergensmeyer
Julian C. Juergensmeyer
Convenient and effective Sum and Substance audio series presents the essentials of real property law in a clear, succinct, time-saving format. Includes Quick Reference Indexing, allowing you to quickly locate all topics in the recording, and informed exam tips to maximize performance. Sections discuss, among others: study techniques, ownership, tenure, seisin, estates in land, future interests, reversion, remainders, title, powers of appointment, tenancy, marital property estates, landlord and tenant, assignment and subletting, easements, profits, licenses, land sales contracts, financing, deeds, covenants of title, estoppel by deed, recording acts, lateral and subjacent support, and public land use control.
Grounding Land Reform: Toward A Market-Compatible Approach To Land Reform, 2015 St. John's University School of Law
Grounding Land Reform: Toward A Market-Compatible Approach To Land Reform, Shelley Cavalieri
St. John's Law Review
(Excerpt)
This Article begins the project of constructing a unified account of land reform. This model consists of two central aspects. First, it articulates a set of goals, both practical and expressive, that redistributive land reform efforts can forward. Second, it offers a pragmatic theory of land reform, one that simultaneously achieves the progressive, poverty-eradication goals of land reform proponents and satisfies neoliberal demand for stable land markets. In this regard, the project offers a fresh way of thinking of the intractable conflict in land reform policy: how to redistribute land without destabilizing the nation. In addressing this problem, the …