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Cooperative Federalism And Visibility Protection Under The Clean Air Act, Nicholas Knoop 2016 Boston College Law School

Cooperative Federalism And Visibility Protection Under The Clean Air Act, Nicholas Knoop

Boston College Environmental Affairs Law Review

In 2005, the U.S. Environmental Protection Agency (EPA) issued regulations pursuant to the Clean Air Act requiring states to submit plans to address visibility impairment due to air pollution. The regulations directed states to consider installing emissions controls at certain stationary sources according to five factors, including the cost of compliance. In Oklahoma v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the Tenth Circuit held that EPA lawfully rejected Oklahoma’s plan because the state plan failed to follow EPA-promulgated guidelines when determining the cost of compliance factor. This Comment argues that the outcome ...


Caveat Emptor: How The Public Trust Doctrine Impacts The Penn Central Test And A Beachfront Landowner’S “Bundle Of Rights”, Eric J. Risley Jr. 2016 Boston College Law School

Caveat Emptor: How The Public Trust Doctrine Impacts The Penn Central Test And A Beachfront Landowner’S “Bundle Of Rights”, Eric J. Risley Jr.

Boston College Environmental Affairs Law Review

Derived from ancient Justinian and English common law, the “public trust doctrine” vests ultimate and inalienable ownership of certain tracts of land in the state. Many states have incorporated some variation of the public trust doctrine into their statutes, constitutions, or common law. The application of the public trust doctrine, however, has been challenged as constituting a Fifth Amendment regulatory taking of private property under the United States Constitution, giving rise to the need for just compensation. This type of application of the public trust doctrine was at issue in the nearly decade-long saga culminating in the decision of Palazzolo ...


Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary S. Bilder 2016 Boston College Law School

Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary S. Bilder

Boston College Law School Faculty Papers

Magna Carta’s connection to the American constitutional tradition has been traced to Edward Coke’s insertion of English liberties in the 1606 Virginia Charter. This account curiously turns out to be unsupported by direct evidence. This Article recounts an alternative history of the origins of English liberties in American constitutionalism. A quarter century before the Virginia charter, provisions assuring liberties to English children born overseas were inserted in the earliest letters patent. These provisions drew on an older practice extending liberties to children born overseas. Because of these provisions, persons born in the colonies were guaranteed the same liberties ...


Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce 2016 New York Law School

Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce

Rooftops Project

What makes an effective message when asking for donations to a capital project using video and streaming media? Professor James Hagy and Rooftops Team member Colin Pearce asked Emmy Award-winning producer and director Tom Kaufman after screening his remarkable two-minute video for the Playtime Project, the goal of which was to fund construction of a children’s playground for a large homeless shelter in a converted, former general hospital in the District of Columbia.


Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary S. Bilder 2016 Boston College Law School

Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary S. Bilder

Mary Sarah Bilder

Magna Carta’s connection to the American constitutional tradition has been traced to Edward Coke’s insertion of English liberties in the 1606 Virginia Charter. This account curiously turns out to be unsupported by direct evidence. This Article recounts an alternative history of the origins of English liberties in American constitutionalism. A quarter century before the Virginia charter, provisions assuring liberties to English children born overseas were inserted in the earliest letters patent. These provisions drew on an older practice extending liberties to children born overseas. Because of these provisions, persons born in the colonies were guaranteed the same liberties ...


A Background Report: School Aid Goals, Parameters, Formulas And Impacts Under Declining Enrollment, Dr. Mark A. Edelman, James J. Knudsen 2016 Iowa State University

A Background Report: School Aid Goals, Parameters, Formulas And Impacts Under Declining Enrollment, Dr. Mark A. Edelman, James J. Knudsen

Mark Edelman

There is no such thing as a perfect state school aid formula. Different people define equal educational opportunity differently and school aid formulas include a variety of criteria and incentives that result from compromise and majority voting after being "hammered out" through the political process.


Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley 2016 University of Georgia School of Law

Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley

Georgia Journal of International & Comparative Law

No abstract provided.


The Chieftal System In Twentieth Century America: Legal Aspects Of The Matai System In The Territory Of American Samoa, A. P. Lutali, William J. Stewart 2016 High Court of American Samoa

The Chieftal System In Twentieth Century America: Legal Aspects Of The Matai System In The Territory Of American Samoa, A. P. Lutali, William J. Stewart

Georgia Journal of International & Comparative Law

No abstract provided.


Trading With Socialist Partners, Josef Rohlik 2016 Saint Louis University

Trading With Socialist Partners, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott 2016 University of Georgia School of Law

Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.


International Fisheries Regulation, John P. Rivers 2016 University of Georgia School of Law

International Fisheries Regulation, John P. Rivers

Georgia Journal of International & Comparative Law

No abstract provided.


City Sustainability Reporting: An Emerging & Desirable Legal Necessity, Adam J. Sulkowski 2016 Babson College

City Sustainability Reporting: An Emerging & Desirable Legal Necessity, Adam J. Sulkowski

Pace Environmental Law Review

This article will begin with a brief history of sustainability reporting, including recent developments related to its adoption by cities. The author will then review two major trends that, considered together, indicate sustainability reporting should be viewed as an emerging legal necessity for municipalities in the United States. First, the exemption shielding cities from the disclosure requirements of securities laws has eroded. Second, sustainability disclosures now fit the definition of what must—as a matter of materiality, if not specific mandates—be reported to investors. This means that the cities that have collectively issued over $3.67 trillion in securities2 ...


The Dormant Commerce Clause Wins One Five Takes On Wynne And Direct Marketing Association, Brannon P. Denning 2016 Cumberland School of Law

The Dormant Commerce Clause Wins One Five Takes On Wynne And Direct Marketing Association, Brannon P. Denning

Brannon P. Denning

October Term 2014 featured what is to date the most important state and local tax case since 1992’s Quill Corp. v. North Dakota.  In Comptroller v. Wynne, the U.S. Supreme Court affirmed a state court decision holding unconstitutional Maryland’s refusal to grant a credit for taxes paid by a resident taxpayer to other states on income earned by the taxpayer in those states.  This essay offers summary of the case, as well as five takes on Wynne and another state and local tax case from the 2014-2015 term, Direct Marketing Association v. Brohl
 
First, it is notable ...


Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin 2016 Vanderbilt Law School

Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin

Boston College Environmental Affairs Law Review

Municipal insurance policies inevitably contain a curious exclusion of coverage for regulatory takings claims. Many courts have interpreted this exclusion broadly, applying it to all land-use litigation. Other courts have interpreted the exclusion narrowly. Both interpretations are problematic. The former is at odds with policy language and the normal rule that insurance policies are to be construed against the insurer. The latter creates an opportunity for plaintiffs to craft their pleadings explicitly to trigger or to avoid triggering the municipality’s insurance coverage. Plaintiffs seeking a quick settlement are well advised to plead around the exclusion so as to settle ...


A Fractured Standard: How The Fourth Circuit Granted Expansive Implied Property Rights To Mineral Owners, Davis Truslow 2016 Boston College Law School

A Fractured Standard: How The Fourth Circuit Granted Expansive Implied Property Rights To Mineral Owners, Davis Truslow

Boston College Environmental Affairs Law Review

Extraction of natural gas through hydraulic fracturing poses a significant risk of harm to human health and the environment. West Virginia, like many states that lie above vast oil and gas resources, grants expansive implied property rights to owners of subsurface mineral estates. In Whiteman v. Chesapeake, L.L.C., the United States Court of Appeals for the Fourth Circuit held that a hydraulic fracturing company’s construction and use of drilling waste pits on the surface of another’s property did not constitute a trespass under West Virginia common law because it was reasonably necessary for the recovery of ...


Climate Change Insurance And Disasters: Is The Shenzhen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky, Qihao He 2016 University of Idaho College of Law

Climate Change Insurance And Disasters: Is The Shenzhen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky, Qihao He

Boston College Environmental Affairs Law Review

As one of the most disaster-prone nations, China is grappling with creating effective adaptation strategies. In an effort to pool risk, Chinese officials are introducing new climate change insurance products. This Article describes one pilot product introduced in the City of Shenzhen, a global mega-city with a population of approximately fifteen million, and explores its strengths and weaknesses as a model for adaptation to climate change. This Article concludes with proposals for reducing risk within mega-cities and pooling risk among them.


Resurrecting The Public Trust Doctrine: How Rolling Easements Can Adapt To Sea Level Rise And Preserve The United States Coastline, Erica Novack 2016 Boston College Law School

Resurrecting The Public Trust Doctrine: How Rolling Easements Can Adapt To Sea Level Rise And Preserve The United States Coastline, Erica Novack

Boston College Environmental Affairs Law Review

The Atlantic coastline of the United States is experiencing sea level rise at a rate higher than the global average. Antiquated property laws and land use tools are unable to adequately assist state and local governments in managing coastal regions, in light of this threat. Rolling easements—prohibiting hard shoreline armoring and requiring the movement or abandonment of property once it becomes inundated by the sea—would allow for the natural inland migration of invaluable coastal resources such as beaches and wetlands. Further, enacting rolling easement polices would be a proactive step towards providing ocean-front property owners with notice of ...


Incentivizing Municipalities To Adapt To Climate Change: Takings Liability And Fema Reform As Possible Solutions, David Dana 2016 Northwestern Pritzker School of Law

Incentivizing Municipalities To Adapt To Climate Change: Takings Liability And Fema Reform As Possible Solutions, David Dana

Boston College Environmental Affairs Law Review

This Article addresses a central question of climate adaptation in the United States: how can municipalities, which are best positioned to take a lead in climate change adaptation efforts, be incentivized to do so? The Article analyzes and ultimately rejects as doctrinally unmoored and counterproductive one idea that has been suggested by commentators and arguably endorsed in a few noteworthy recent cases—that is, that municipalities and other governments be held liable under the Takings Clause for their failing to take adaptive measures that protect private property. Instead, the Article argues that municipalities should be given an incentive to adapt ...


Lessons From U.S. Coastal Wind Pools About Climate Finance And Politics, Donald T. Hornstein 2016 University of North Carolina School of Law

Lessons From U.S. Coastal Wind Pools About Climate Finance And Politics, Donald T. Hornstein

Boston College Environmental Affairs Law Review

The financial costs of extreme weather are profound, not only in terms of the distress of those immediately affected but also in broader, more long-term macroeconomic and public budgetary effects. This Article focuses on the role that private and public insurance can play, both positively and negatively, on these effects. It also provides one of the most detailed analyses in the legal literature to date on the finances of three state residual-risk wind pools in the Gulf and Southeastern United States that have been created specifically with hurricane risks in mind.


The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, 2016 Brigham Young University Law School

The State Of The States: The Continuing Struggle To Criminalize Revenge Porn

BYU Law Review

No abstract provided.


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