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Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias 2015 University of San Francisco, School of Law

Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias

Tim Iglesias

Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary ...


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman 2015 Touro College Jacob D. Fuchsberg Law Center

The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman

Touro Law Review

No abstract provided.


Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg 2015 Touro College Jacob D. Fuchsberg Law Center

Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg

Touro Law Review

No abstract provided.


New York's Statutory Bill Of Rights: A Constitutional Coelacanth, Robert Emery 2015 Touro College Jacob D. Fuchsberg Law Center

New York's Statutory Bill Of Rights: A Constitutional Coelacanth, Robert Emery

Touro Law Review

No abstract provided.


Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown JD, Ellen Bruce JD 2015 University of Massachusetts Boston

Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown Jd, Ellen Bruce Jd

Pension Action Center Publications

The Illinois Secure Choice Savings Program Act, passed on January 4, 2015, creates an automatic enrollment payroll deduction IRA. The purpose of the program is to promote increased retirement savings participation for employees in the private sector. This fact sheet answers some basic questions about how this new program will affect workers and their employers in Illinois.


What About Whitman?: The Supreme Court’S Decision In Epa V. Homer To Authorize Cost Consideration In Environmental Regulation Contradicts Its Own Precedent, Devon Applegate 2015 Boston College Law School

What About Whitman?: The Supreme Court’S Decision In Epa V. Homer To Authorize Cost Consideration In Environmental Regulation Contradicts Its Own Precedent, Devon Applegate

Boston College Environmental Affairs Law Review

In 2011, in response to the ongoing problem of interstate air pollution, EPA promulgated the Transport Rule to restrict emissions in upwind states in order to achieve attainment of certain national ambient air quality standards in downwind states. State and local governments and industry and labor groups, unhappy with EPA’s process of determining which states would be regulated under the Transport Rule, challenged the rule on the grounds that EPA had exceeded its authority under the Clean Air Act. In 2014, in EPA v. EME Homer City Generation, L.P., the Supreme Court of the United States held that ...


Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf 2015 Boston College Law School

Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf

Boston College Environmental Affairs Law Review

Horizontal severance deeds separate property rights above and below the surface. Sub-surface rights have typically belonged to mineral estate owners, whereas surface rights above have typically belonged to farmers. In West Virginia, courts have traditionally applied a common law trespass doctrine known as reasonable necessity to account for times when these bifurcated rights clash. The reasonable necessity doctrine in West Virginia has evolved over time as state courts have made it more rigorous by requiring that, in exercising their rights, sub-surface mineral estate owners not substantially burden the surface. The U.S. Court of Appeals for the Fourth Circuit’s ...


Why The Third Circuit Pro-Cooperative Federalism Preemption Holding In Bell Should Ultimately Be Adopted By The Supreme Court, Matthew Renick 2015 Boston College Law School

Why The Third Circuit Pro-Cooperative Federalism Preemption Holding In Bell Should Ultimately Be Adopted By The Supreme Court, Matthew Renick

Boston College Environmental Affairs Law Review

In Bell v. Cheswick Generating Station, the U.S. Court of Appeals for the Third Circuit reversed a decision by the U.S. District Court for the Western District of Pennsylvania, holding that state common law tort actions were not preempted by the federal Clean Air Act (“CAA”). The Third Circuit found that the savings clause of the CAA was nearly identical to that of the Clean Water Act (“CWA”), which had already been found to not preempt state common law tort actions by the U.S. Supreme Court. This Comment argues that the Third Circuit correctly compared the savings ...


Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee 2015 Boston College Law School

Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee

Boston College Environmental Affairs Law Review

In 2007, the California state legislature enacted the Low-Carbon Fuel Standard, or LCFS, limiting carbon emissions from transport fuels throughout the fuels’ entire “lifecycle,” by assigning “carbon intensity” scores to each fuel product. These scores are calculated using a variety of measurements, including the amount of carbon emitted while producing the fuels and in transporting them to California. Out-of-state fuel suppliers challenged that the LCFS places an unconstitutional burden on interstate commerce because their products would inevitably have higher carbon intensity scores than their in-state counterparts, based merely on the distance traveled. The dispute reached the U.S. Court of ...


The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. McFarlin 2015 Harvard University

The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin

Jaimie K. McFarlin

This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.


Super Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet 2015 Southern University Law Center

Super Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Christopher K. Odinet

In a time of limited resources and sluggish economic growth, competition between cities has become palpable, and the race for new investment often dictates the public agenda. To that end, the explosive growth of public-private partnerships between local governments and private investors has resulted in the creation of a myriad of special taxing districts, the purposes of which are limited only by the imagination. Of particular concern has been the growth of certain real estate development-related districts. Although first conceived to fund critical improvements where conventional credit was not available, in more recently years these special districts have been used ...


Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo 2015 Indiana University Robert H. McKinney School of Law

Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo

Notre Dame Law Review Online

This Article analyzes the citation patterns of the Indiana Supreme Court and the Indiana Court of Appeals from 2012 and 2013. The research underlying this Article involved a study of 1324 opinions from that time period. In those opinions, the Indiana appellate courts cited to out-of-state judicial decisions 738 times. This Article analyzes those citations to test the hypothesis that state courts are more likely to turn to decisions of geographically proximate state courts for guidance when homespun precedent is lacking. The evidence points to the conclusion that, while geographical proximity bears on persuasiveness, it does not cross regional divides ...


Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, Hugh M. Mundy 2015 The John Marshall Law School

Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, Hugh M. Mundy

Boston College Journal of Law & Social Justice

As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have completed their sentence are barred from pursuing post-conviction relief under the Act, regardless of the existence of exculpatory evidence that supports their innocence. Removing this procedural roadblock and interpreting the Act broadly to allow any person convicted of a crime to raise a claim of actual ...


Discretion To Warn: Balancing Privacy Rights With The Need To Warn Unaware Partners Of Likely Hiv/Aids Exposure, Jacquelyn Burke 2015 Boston College Law School

Discretion To Warn: Balancing Privacy Rights With The Need To Warn Unaware Partners Of Likely Hiv/Aids Exposure, Jacquelyn Burke

Boston College Journal of Law & Social Justice

HIV/AIDS, an epidemic that continues to claim thousands of lives annually, disproportionately affects homosexual males, racial minorities, and low-income individuals. When HIV/AIDS first emerged in the 1980s, the virus was clouded by great fear, misinformation, and stigma. Although stigma persists, research and treatment of HIV have so advanced that the virus may be managed and treated with medicine so long as it is caught early. HIV/AIDS prevention and testing strategies must balance competing concerns of both patients’ rights to confidential test results with the public health good of notifying individuals who are unaware of likely HIV exposure ...


Time For An Update: A New Framework For Evaluating Chapter 9 Bankruptcies, Michael J. Deitch 2015 Fordham University School of Law

Time For An Update: A New Framework For Evaluating Chapter 9 Bankruptcies, Michael J. Deitch

Fordham Law Review

Municipal bankruptcies have been making national news since the “Great Recession.” Municipalities like Stockton, Vallejo, and Jefferson County gained notoriety for the record scale of their bankruptcy filings, only to be surpassed by Detroit shortly thereafter as the largest and most populous municipal bankruptcy filing. Historically, municipal bankruptcy occurred infrequently, leaving the nuances of many critical issues, including insolvency, asset utilization, and good faith, unexplored in case law. For example, how should a bankruptcy court analyze Detroit’s cityowned art museum that houses billions of dollars of art when bondholders, pensioners, and other unsecured creditors have unpaid claims? And how ...


The New State Sovereignty Movement, Austin L. Raynor 2015 Maurer School of Law: Indiana University

The New State Sovereignty Movement, Austin L. Raynor

Indiana Law Journal

In the past decade, states across the country have enacted a flood of legislation to resist perceived federal encroachments on their sovereignty. These opposition statutes assume a variety of forms: some, for instance, merely prohibit state officers from assisting in the enforcement of federal law, while others purport to nullify particular federal regulations. In the fields of controlled substances, immigration, and healthcare, among others, state acts of protest have stimulated the national debate and influenced legal obligations in important ways.

This Article provides the first comprehensive overview of this nascent state sovereignty movement. It categorizes opposition enactments according to the ...


Is An Apartment A Nuisance?, Michael Lewyn 2015 Touro Law Center

Is An Apartment A Nuisance?, Michael Lewyn

Michael E Lewyn

In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.


Newsroom: Yelnosky On State Pension Lawsuit, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Yelnosky On State Pension Lawsuit, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan 2015 University of Georgia School of Law

The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan

Fazal Khan

The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally ...


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