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The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll Jan 2008

The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll

Journal Articles

This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …


The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrew B. Carroll Jan 2008

The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrew B. Carroll

Seton Hall Law Review

No abstract provided.


United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles Oct 2007

United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles

Natural Resources Journal

No abstract provided.


Leed Building Ordinances For Local Governments, Dennis Boothe, Lori Leonardo, Darren Rowles Oct 2007

Leed Building Ordinances For Local Governments, Dennis Boothe, Lori Leonardo, Darren Rowles

Land Use Clinic

Local government ordinances requiring the implementation of green building standards in public buildings are increasingly common. Most of these ordinances adopt the Leadership in Energy and Environmental Design (LEED) Green Rating System, promulgated by the U.S. Green Building Council (USGBC).This paper surveys local government ordinances and resolutions requiring public green building and discusses the possible variations and options available to a local government seeking to draft public green building regulations.


A Dream Deferred, Lewis M. Steel '63 Sep 2007

A Dream Deferred, Lewis M. Steel '63

Articles and Writings

No abstract provided.


Native America And The Rule Of Law, Dr. Joe Shirley Jr. Sep 2007

Native America And The Rule Of Law, Dr. Joe Shirley Jr.

University of Richmond Law Review

No abstract provided.


Golfing On Green Acres: Is The Acquisition Of Golf Courses An Appropriate Means Of Preserving Open Space In New Jersey?, Shannon Carroll Aug 2007

Golfing On Green Acres: Is The Acquisition Of Golf Courses An Appropriate Means Of Preserving Open Space In New Jersey?, Shannon Carroll

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Hope Vi Revitalization Grants: Weighing The Costs And Benefits, And Considering A Solution In The Context Of Liberty City, Miami, Ethan Barlieb Jul 2007

Hope Vi Revitalization Grants: Weighing The Costs And Benefits, And Considering A Solution In The Context Of Liberty City, Miami, Ethan Barlieb

University of Miami Business Law Review

No abstract provided.


Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, Gabriel E. Eckstein Jul 2007

Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, Gabriel E. Eckstein

Faculty Scholarship

Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Despite our increasing reliance, ground water resources have long been the neglected stepchild of international water law; regulation and management of and information about ground water resources are sorely lacking, especially in the international context. Presently, there is no international agreement squarely addressing ground water resources that traverse an international boundary. Moreover, there is only one treaty in the entire world pertaining to the …


Returning To The Circle: The Reemergence Of Traditional Dispute Resolution In Native American Communities, Jessica Metoui Jul 2007

Returning To The Circle: The Reemergence Of Traditional Dispute Resolution In Native American Communities, Jessica Metoui

Journal of Dispute Resolution

An examination of Native American cultural definitions of justice illustrates the cultural relevance of traditional dispute resolution processes. Because these alternative processes focus largely on community inclusion and the importance of party healing after a crime, concepts central to Native American worldview, traditional dispute resolution is superior to the mainstream adversarial court system for handling many criminal matters in the Native American context. The successes of traditional dispute resolution processes in Native American communities are also evidence of the potential cross cultural applications of such processes within the mainstream criminal justice system


Global Warming: Zoning May Be An Antidote To Climate Change, John R. Nolon, Jessica A. Bacher Apr 2007

Global Warming: Zoning May Be An Antidote To Climate Change, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Through the use of transit oriented development (TOD) several New York municipalities have transformed into more sustainable communities by reducing greenhouse gas emissions. Contrary to popular belief, these municipalities proved that reduction of emissions is possible while still expanding economic growth. This article highlights several success stories in a variety of community landscapes beginning with a look at urban redevelopment in Yonkers, White Plains, and New Rochelle, New York, and then transitions to suburban success stories in Orangetown, and several municipalities along the Bear Mountain Parkway.


New Urbanism And Euclidian Zoning: Can They Co-Exist?, Janna Blasingame Custer Apr 2007

New Urbanism And Euclidian Zoning: Can They Co-Exist?, Janna Blasingame Custer

Land Use Clinic

Euclidian zoning served a purpose in its time. It separated land uses so that people could live away from industrial developments without the fear that such industries would locate to their backyard. But despite the positive effects of Euclidian zoning, many people believe it provides too little attention to character and historic design and promotes sprawl. New Urbanism offers an alternative to Euclidian zoning and many cities are beginning to utilize New Urbanism principles as they strive to bring back a sense of place to their communities. Challenges result when the New Urbanism principles conflict with the zoning in place, …


Beneath The Veil Of Mormonism: Uncovering The Truth About Polygamy In The United States And Canada, Jason D. Berkowitz Apr 2007

Beneath The Veil Of Mormonism: Uncovering The Truth About Polygamy In The United States And Canada, Jason D. Berkowitz

University of Miami Inter-American Law Review

No abstract provided.


Participation In The Right Of Access To Adequate Housing, Ralph Wolf Mar 2007

Participation In The Right Of Access To Adequate Housing, Ralph Wolf

Tulsa Journal of Comparative and International Law

No abstract provided.


Sustainable Living: Theme Of The Future Or A One-Hit Wonder, Michelle Hershman Mar 2007

Sustainable Living: Theme Of The Future Or A One-Hit Wonder, Michelle Hershman

Richmond Public Interest Law Review

Is environmental consciousness in the United States just a popular trend or the beginning of permanent changes? In light of the American government's refusal to ratify the Kyoto Protocol, this comment examines social, corporate and regulatory pressures on environmental policy in the United States. The author concludes by arguing for the implementation of environmentally conscious policies and programs at private and public levels.


Reclaiming The Clean Water Act: A New Approach To Wastewater Management, Ellen Wolfgang Jan 2007

Reclaiming The Clean Water Act: A New Approach To Wastewater Management, Ellen Wolfgang

Florida State University Law Review

No abstract provided.


Sustainable Living: Theme Of The Future Or A One-Hit Wonder, Michelle Hershman Jan 2007

Sustainable Living: Theme Of The Future Or A One-Hit Wonder, Michelle Hershman

Richmond Journal of Law and the Public Interest

Look out America; we have a "smug alert." No, not smog, "smug." According to the notorious cartoon, South Park, people who buy hybrid cars feel so good about saving the Earth, they become increasingly smug, which leads to all-out disaster.' Fortunately, for the town of South Park, one of its native children, Stan, convinces everyone it's alright to own a hybrid without being smug. Should we pass this episode off as another entertaining late night Comedy Central special, or have Matt Stone and Trey Parker stumbled onto a form of satire that's true in form and educational in its moral? …


Overcoming The Behavioral Impetus For Greater U.S. Energy Consumption, John C. Dernbach Jan 2007

Overcoming The Behavioral Impetus For Greater U.S. Energy Consumption, John C. Dernbach

Global Business & Development Law Journal

No abstract provided.


Disaster Mitigation Through Land Use Strategies, John R. Nolon Jan 2007

Disaster Mitigation Through Land Use Strategies, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The persistent question this book raises is who should decide whether and how to mitigate the damages caused by natural disasters. Our understandable preoccupation with response, recovery, and rebuilding makes it hard to focus on this question as a central, even relevant, one. But it persists, nonetheless. The high-profile “blame game” played following Hurricane Katrina’s devastation of the Gulf Coast is emblematic. In pointing fingers first at the Federal Emergency Management Agency (FEMA), then at the city of New Orleans, and then at the state of Louisiana, public officials exhibited an appalling lack of understanding of the roles that each …


Truth Tales And Trial Films, Jessica Silbey Jan 2007

Truth Tales And Trial Films, Jessica Silbey

Loyola of Los Angeles Law Review

No abstract provided.


Race To The Top: The Expanding Role Of U.S State Renewable Portfolio Standards, Barry Rabe Jan 2007

Race To The Top: The Expanding Role Of U.S State Renewable Portfolio Standards, Barry Rabe

Sustainable Development Law & Policy

No abstract provided.


Brownfields At 20: A Critical Reevaluation, Joel B. Eisen Jan 2007

Brownfields At 20: A Critical Reevaluation, Joel B. Eisen

Fordham Urban Law Journal

This Articles looks at brownfields policies in one state, New Jersey, and suggests how to make the approach of brownfields revitalization more development-centered and less developer-centered. Following a basic description of the New Jersey Program, this Article discusses two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program.


Brownfields At 20: A Critical Reevaluation, Joel B. Eisen Jan 2007

Brownfields At 20: A Critical Reevaluation, Joel B. Eisen

Law Faculty Publications

Following a basic description of the New Jersey program, I will discuss two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program. My aim is more modest than a full-scale re-evaluation of all brownfields programs (or indeed of the New Jersey program in its totality); instead I look at the experience within one program to assess whether there is movement toward the development-centered approach. I find that some developments in New Jersey are positive, notably the BDA's approach to addressing multiple brownfield sites concurrently in the same location. On the other …


Remarks At The Climate Of Environmental Justice: Taking Stock Conference At The University Of Colorado Law School, March 16-17, 2007, Congressman Mike Udall Jan 2007

Remarks At The Climate Of Environmental Justice: Taking Stock Conference At The University Of Colorado Law School, March 16-17, 2007, Congressman Mike Udall

University of Colorado Law Review

No abstract provided.


Integrative Lawyering: Navigating The Political Economy Of Urban Redevelopment Symposium: Race, Economic Justice, And Community Lawyering In The New Century, Sheila R. Foster Jan 2007

Integrative Lawyering: Navigating The Political Economy Of Urban Redevelopment Symposium: Race, Economic Justice, And Community Lawyering In The New Century, Sheila R. Foster

Faculty Scholarship

This shift from defending and reacting to creating and envisioning requires a more engaged organizational role for the lawyer. The lawyer is now expected to do more than translate the organization/community's grievance into discreet legal frameworks and discourse---e.g., a civil rights violation, a nuisance, participatory right, etc. The lawyer now intervenes in negotiations from which the organization or community has been excluded. This new role requires a shifting, flexible mix of skills and a more dynamic interaction with the organization and its varied functions-policy, community education, lobbying, and organizing. This new role is what we call "integrative lawyering," an emergent …


A Comprehensive Approach To Truancy For Baltimore City: A Roundtable Discussion, Barbara A. Babb, Gloria Danziger Jan 2007

A Comprehensive Approach To Truancy For Baltimore City: A Roundtable Discussion, Barbara A. Babb, Gloria Danziger

All Faculty Scholarship

The University of Baltimore School of Law Center for Families, Children and the Courts (CFCC), one of three centers of excellence within the School of Law, is a national leader in promoting family justice system reform. CFCC’s mission is to create, foster and support local, state, and national movements to integrate communities, families, and the justice system in order to improve the lives of families and the health of the community. CFCC’s Truancy Court Program (TCP), created in 2004, exemplifies these goals through the operation of a court-school-CFCC partnership that leverages the stature, authority, and expertise of each of these …


Truth Tales And Trial Films, Jessica Silbey Jan 2007

Truth Tales And Trial Films, Jessica Silbey

Faculty Scholarship

Investigations into law and popular culture preoccupy themselves with understanding how law and popular cultural forms work together to challenge or sustain community structures, identity and power. It is inevitable at this point in our cultural history that law and popular culture are intertwined. There are too many television shows, films, popular novels and web-based entertainment to withdraw "the law" (whatever that is) from the domain of popular culture. This article takes as a given the intermixing of law and popular culture, embracing it as a new feature of our popular legal consciousness. I suggest that one result of this …


Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin Jan 2007

Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin

Scholarly Works

With almost ten years of nationwide dialogue and experimentation with the legal implementation of smart growth concepts at the state and local levels, this paper pauses to consider whether and to what extent success has been realized. The one certainty in this dynamic intersection of land development and conservation is that there is no one best model adaptable to all fifty states. Rather, to accommodate national diversity in local government structure, cultural relationships of people to the land, and differences in geography and a sense of place, the best lesson learned is that advocates and lawmakers alike must shape and …


Bargain Basement Annexation: How Municipalities Subvert The Intent Of North Carolina Annexation Laws, Elizabeth R. Connolly Oct 2006

Bargain Basement Annexation: How Municipalities Subvert The Intent Of North Carolina Annexation Laws, Elizabeth R. Connolly

North Carolina Central Law Review

No abstract provided.


Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly Oct 2006

Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly

Southeastern Environmental Law Journal

No abstract provided.