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Articles 1 - 15 of 15

Full-Text Articles in Law

"Reasonable Expectations," Takings Law Analysis And Administrative Decisions In Light Of Rith V. United States, C. Phillip Wheeler Jr. May 2021

"Reasonable Expectations," Takings Law Analysis And Administrative Decisions In Light Of Rith V. United States, C. Phillip Wheeler Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.


Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro Apr 2021

Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro

Office of Legal Counsel Academic Publications

Rejecting the Obama Administration’s argument that the First Amendment requires identical treatment for religious organizations and secular organizations, the Supreme Court held such a “result is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations.” (Hosanna-Tabor, 565 U.S. at 189). This “special solicitude” guarantees religious freedom from the government in all aspects of society, but particularly on public university campuses. At a minimum, religious expression and religious organizations must have equal rights with secular expression and secular organizations. In some instances, religious expression and religious expression …


Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds Apr 2021

Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds

Journal of Natural Resources & Environmental Law

No abstract provided.


Regulatory Takings: When Is Enough, Enough?, Jacqueline Kerry Heyman Mar 2021

Regulatory Takings: When Is Enough, Enough?, Jacqueline Kerry Heyman

Journal of Natural Resources & Environmental Law

No abstract provided.


Searches By Environmental Protection Agencies: When Is A Warrant Necessary?, David Sparks Mar 2021

Searches By Environmental Protection Agencies: When Is A Warrant Necessary?, David Sparks

Journal of Natural Resources & Environmental Law

No abstract provided.


Anilca Under Attack: Will The Right To Travel Wreak Havoc With Subsistence Rights?, Kathy A. Gudgell Mar 2021

Anilca Under Attack: Will The Right To Travel Wreak Havoc With Subsistence Rights?, Kathy A. Gudgell

Journal of Natural Resources & Environmental Law

No abstract provided.


"Taking" A Walk On A Winter's Night, James E. Brookshire Mar 2021

"Taking" A Walk On A Winter's Night, James E. Brookshire

Journal of Natural Resources & Environmental Law

No abstract provided.


Lucas V. South Carolina Coastal Council: The Remaking Of Takings Law And The Re-Emergence Of Lochner, Jerry Mitchell Mar 2021

Lucas V. South Carolina Coastal Council: The Remaking Of Takings Law And The Re-Emergence Of Lochner, Jerry Mitchell

Journal of Natural Resources & Environmental Law

No abstract provided.


Surface Use And Damages Statutes: "Cloud"Ed Constitutionality, Stacey L. Graus Mar 2021

Surface Use And Damages Statutes: "Cloud"Ed Constitutionality, Stacey L. Graus

Journal of Natural Resources & Environmental Law

No abstract provided.


Of Pigs And Parlors: Regulatory Takings In The Coalfields, Patrick C. Mcginley Mar 2021

Of Pigs And Parlors: Regulatory Takings In The Coalfields, Patrick C. Mcginley

Journal of Natural Resources & Environmental Law

No abstract provided.


Acid Mine Drainage--A Review Of The Barnes & Tucker Case--Is The Requirement To Treat A "Taking" Under The Fifth Or Fourteenth Amendment?, Linda M. Stowers Mar 2021

Acid Mine Drainage--A Review Of The Barnes & Tucker Case--Is The Requirement To Treat A "Taking" Under The Fifth Or Fourteenth Amendment?, Linda M. Stowers

Journal of Natural Resources & Environmental Law

No abstract provided.


Constitutional Validity Of The Kentucky Unmined Coal Tax: Gillis V. Yount, Robin L. Fields Mar 2021

Constitutional Validity Of The Kentucky Unmined Coal Tax: Gillis V. Yount, Robin L. Fields

Journal of Natural Resources & Environmental Law

No abstract provided.


Federal Constitutional Limitations On The Regulation Of Coal Mining Activities, Cyril A. Fox Jr. Mar 2021

Federal Constitutional Limitations On The Regulation Of Coal Mining Activities, Cyril A. Fox Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.


Limiting Attorney's Fees In Black Lung Benefits Cases: A Violation Of Procedural Due Process?, Earl F. Martin Iii Mar 2021

Limiting Attorney's Fees In Black Lung Benefits Cases: A Violation Of Procedural Due Process?, Earl F. Martin Iii

Journal of Natural Resources & Environmental Law

No abstract provided.


The Constitutionality Of The Black Lung Interim Presumption, Stella B. House Mar 2021

The Constitutionality Of The Black Lung Interim Presumption, Stella B. House

Journal of Natural Resources & Environmental Law

No abstract provided.