Digital Commons Network^™

Tax Increment Financing: Public Use Or Private Abuse?, Alyson Tomme

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Uncertainty As A Basis For Standing, Daniel A. Farber

Hofstra Law Review

No abstract provided.

Comparative Land Use Law: Patterns Of Sustainability, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Land use scholars and practitioners in the United States trace the development of domestic land use law to 1916, when the City of New York adopted the nation's first comprehensive zoning law, and then on to 1926 when the U.S. Supreme Court declared zoning constitutional in Euclid v. Ambler Realty. Some have studied European influences stemming from late nineteenth century regulations and the urban design principles imported from the great cities of the era. Others know about the catastrophic London fire of 1666 and how it transformed society's understanding of why individual property rights, to some degree, must be subject …

Takings Law In The Aftermath Of Lucas V. South Carolina Coastal Council: Does The Background Principles Exception Clarify Or Complicate Regulatory Takings Law, Christie Olsson

Santa Clara Law Review

No abstract provided.

Half-Human Creatures, Plants & Indigenous Peoples: Musings On Ramifications Of Western Notions Of Intellectual Property And The Newman-Rifkin Attempt To Patent A Theoretical Half-Human Creature, Valerie J. Phillips

Santa Clara High Technology Law Journal

No abstract provided.

Canadian Speaker Session 6: Canada U.S. Approaches To Health Care - Canadian Speaker, Barrie Mckenna

Canada-United States Law Journal

No abstract provided.

Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner

Washington International Law Journal

As the end of the United Nations General Assembly's International Decade of the World's Indigenous Peoples (1995-2004) approaches, indigenous peoples worldwide are proactively seeking an unprecedented reclamation of aboriginal rights lost since European colonization. One of the most all-encompassing rights that is asserted by indigenous peoples is the right of "indigenous title," a legal term of art that is both difficult to define and challenging to recognize. Notwithstanding domestic opposition from their respective provincial or national legislatures, both the Haida of Canada and the Maori of New Zealand are currently pursuing recognition of this indigenous right through their respective judiciaries. …

The Ma’Dan (Marsh Arabs) And What Constitutes A Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman

War Crimes Memoranda

No abstract provided.

Law And Public Policy: Future Directions For The Animal Protection Movement, Wayne Pacelle

Animal Law Review

No abstract provided.

Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore

Animal Law Review

The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.

Cityland – Vol. 1, No. 3, Center For New York City Law

CityLand - 2004

The December 2004 issue of CityLand covers major land use developments across New York City, including the approval of the Watchtower complex in DUMBO and the expansive Hudson Yards rezoning and redevelopment plan. It features updates on senior housing in Queens, rezonings in Clinton and Midtown South, and the creation of a new Business Improvement District near Yankee Stadium. Landmark decisions include the approval of a modern residential building in the Flatiron District, a new hotel in Tribeca backed by Robert De Niro, and the redesign of the Brooklyn Public Library plaza. The issue also includes court rulings on community …

Redevelopment Tools: Creating And Recreating Urban Centers, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article describes a number of the agencies, entities, and legal tools and techniques that are used today to redevelop or create urban centers of population and commerce.

The Designation Of "Distinct Population Segments" Under The Endangered Species Act In Light Of National Association Of Homebuilders V. Norton, Katherine M. Hausrath

Chicago-Kent Law Review

The term "distinct population segment" in the Endangered Species Act has no defined scientific meaning. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have jointly promulgated a policy requiring a distinct population segment to be both: (1) discrete and (2) significant. However, the implementation of this policy has led to inconsistent listing decisions and the failure to list distinct populations of species that require protection under the Endangered Species Act. These problems are clearly illustrated in National Association of Homebuilders v. Norton, in which the plaintiffs sued the U.S. Fish and Wildlife Service in district …

Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.

Gaining Ground Information Database, John R. Nolon, Jessica A. Bacher, Susan Moritz

Yale School of the Environment Publications Series

A Report on a New Internet Research Library of Innovative Land Use Laws, Regulations, and Practices

The Regulation Of Produced Water From Coalbed Methane Development Under The Clean Water Act: Northern Plains Resource Council V. Fidelity Exploration & (And) Development Company, Allan Ingelson

Water Law Review

No abstract provided.

Shielding Board Members: Municipalities Should Protect Them From Suits, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Both individual land use board members and the municipal governments containing these boards are concerned with the liability of the boards, and of individual members from legal challenges stemming from their decisions. Legal actions against these boards, and the potential for subsequent liability of individual members could put significant financial burdens on municipalities and also discourage competent citizens from serving on these local land use boards. This commentary reviews the impact of two recent New York state cases, and their affect on state legislation concerning these topics.

Santa Clara Magazine, Volume 46 Number 1, Summer 2004, Santa Clara University

Santa Clara Magazine

8 - A PUZZLING PROFESSOR By Adam Breen. Byron Walden, an assistant professor of mathematics at SCU, draws on his knowledge of numerical analysis to create crossword puzzles for The New York Times.

10 - THE LAUNCHING PAD By Larry Sokoloff J.D. '92. Top government agencies, other universities, and companies are relying on the University's Robotics Systems Lab-and its students-to build and monitor satellites.

16 - A NOVEL TEAM By Kristin Lenore '04. The University's publishing partnership with Heyday Books aims to help preserve California's cultural legacy.

Inside Unlv, Holly Ivy De Vore, Carol C. Harter, Stuart Mann

Inside UNLV

No abstract provided.

Clarifying The Rules And Roles Of Land Use Boards, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article discusses the rules and roles of land use boards, including planning boards, and zoning boards of appeals. Local governments are given broad authority to create land use regulations by the New York state legislature, and so long as they stay within the boundaries of the state land use statutes, the local government’s fact based decisions are usually upheld in face of legal challenges in court. This column analyzes several recently decided cases in an attempt to clarify the uncertainties involved with the decisions of local land use boards, and challenges to land use board decisions.

Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The Westchester Day School and the Zoning Board of Appeals (ZBA) of the Village of Mamaroneck were involved with several lawsuits stemming from a rescinded “negative” State Environmental Quality Review Act (SEQRA) determination by the ZBA after local public outcry of the school’s expansion. This article explores the relationship between Religious Land Use and Institutionalized Persons Act (RLUIPA) and land use regulations, and comes to the conclusions that Congress enacted the RLUIPA to ensure religious organization landowners are not singled out to bear the burdens of the general public.

Ecological Science For Lawyers: A Book Review, Fred P. Bosselman

Southeastern Environmental Law Journal

No abstract provided.

The Bureau Of Indian Affairs And The Federal Trust Obligation To American Indians, Robert Mccarthy

Brigham Young University Journal of Public Law

No abstract provided.

Inside Unlv, Katrina Hudak, Carol C. Harter, James Frey

Inside UNLV

No abstract provided.

Seqra Challenges: Court Creates New Rule On Statute Of Limitations, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The New York State Environmental Quality Review Act, known around the New York legal community as SEQRA, triggers any time a public action may have an adverse impact on the environment. The determinations of this process, intertwined with public actions such as, site plan approvals, variance requests, or any other land use or public action, are often challenged by those parties who are unsatisfied with the result. This article discusses the extensive case history regarding when SEQRA actions are ripe for legal challenge.

How Many Times Do I Have To Tell You?!: Epa's Ongoing Struggle With Data From Third-Party Pesticide Toxicity Studies Using Human Subjects, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

No abstract provided.

Snake River Birds Of Prey National Conservation Area Case Study, Kathryn M. Mutz, Doug Cannon, Chris Simmons, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

34, A-5, B-2 p. : ill., map

Santa Clara Magazine, Volume 46 Number 3, Winter 2004, Santa Clara University

Santa Clara Magazine

8 - AN ARTIST WITH A MISSION By Elizabeth Kelley Gillogly '93. In his latest series, Howard Anderson '71 created paintings of the 21 California missions.

10 - THE SPIRITUALITY OF GIFT GIVING By Tom Beaudoin. Is it possible to turn our gift giving into a spiritual exercise?

14 - RAISING ARIZONA By Susan Shea. Arizona Governor Janet Napolitano '79, a rising political star, uses the lessons learned at SCU to serve her state.

20 - LEAVING COMMUNISM BEHIND By Jane Curry. An SCU professor and Fulbright Scholar researches forgiveness and justice in post-communist Poland.

A Not-So-Hot Ticket: Orders For Abatement From Air Quality Management Districts And Their Implications, Christian F. Kemos

UC Law Environmental Journal

No abstract provided.

Transmission In Transition: Analyzing California's Proposed Electricity Transmission Regulatory Reforms, Brian Orion

UC Law Journal

California's experiment with electricity deregulation is the most recent example of the State's willingness to be an energy policy maverick. Rolling blackouts and expensive long-term contracts are some of the constant reminders of this failed experiment. But another dramatic legacy of deregulation, one which is littleknown beyond inside players in regulation and industry, relates to the planning and licensing of California's system of highpower transmission lines. Thousands of miles of copper and steel wires supply families and businesses with the electricity they need to light their homes, water their crops, and manufacture their silicon chips. A well-planned and robust transmission …