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Articles 1 - 30 of 440
Full-Text Articles in Law
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
Eric Biber
A Requiem For Regulatory Takings: Reclaiming Eminent Domain For Constitutional Property Claims, Danaya C. Wright
A Requiem For Regulatory Takings: Reclaiming Eminent Domain For Constitutional Property Claims, Danaya C. Wright
Danaya C. Wright
For the past forty years, the United States Supreme Court has embraced the doctrine of regulatory takings, despite being unable to provide any coherent and reliable guidance on when a regulation goes so far as to require compensation. But Justice Thomas's admission in Murr v. Wisconsin (2017) that there is no real historical basis for the Court's regulatory takings jurisprudence offers a chance to reconsider the doctrine anew. Looking back to Justice Holmes's prophetic statement in Pennsylvania Coal Co. v. Mahon, that a regulation can go too far and require an exercise of eminent domain to sustain it, I argue …
Energy Exactions, Jim Rossi, Christopher Serkin
Energy Exactions, Jim Rossi, Christopher Serkin
Jim Rossi
Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs of new infrastructure. Local governments commonly use them to address the burdens that growth places on schools, transportation, water, and sewers. But exactions almost never address energy needs, even though local land use decisions can create signficant externalities for the power grid and for energy resources.
This Article proposes a novel reform to land use and energy law: "energy exactions"-understood as local fees or timing limits aimed at addressing the energy impacts of new residential or commercial development. Energy exactions …
Energy Exactions, Jim Rossi, Christopher Serkin
Energy Exactions, Jim Rossi, Christopher Serkin
Christopher Serkin
Exactions are demands levied on residential or commercial developers to force them, rather than a municipality, to bear the costs of new infrastructure. Local governments commonly use them to address the burdens that growth places on schools, transportation, water, and sewers. But exactions almost never address energy needs, even though local land use decisions can create signficant externalities for the power grid and for energy resources. This Article proposes a novel reform to land use and energy law: "energy exactions"-understood as local fees or timing limits aimed at addressing the energy impacts of new residential or commercial development. Energy exactions …
A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris
A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris
Douglas C Harris
The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …
Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg
Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg
The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg
The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg
Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
The Conservation Provisions Of The 1990 Farm Bill, Linda A. Malone
The Conservation Provisions Of The 1990 Farm Bill, Linda A. Malone
Linda A. Malone
No abstract provided.
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
Linda A. Malone
No abstract provided.
The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone
The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone
Linda A. Malone
No abstract provided.
Swampbuster, Sodbuster, And Conservation Compliance Programs, Linda A. Malone
Swampbuster, Sodbuster, And Conservation Compliance Programs, Linda A. Malone
Linda A. Malone
No abstract provided.
Final Rules On Swampbuster And Sodbuster Program, Linda A. Malone
Final Rules On Swampbuster And Sodbuster Program, Linda A. Malone
Linda A. Malone
No abstract provided.
Conservation Issues: The 1985 Farm Bill Debate, Linda A. Malone
Conservation Issues: The 1985 Farm Bill Debate, Linda A. Malone
Linda A. Malone
No abstract provided.
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Linda A. Malone
No abstract provided.
A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone
A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone
Linda A. Malone
No abstract provided.
The Supreme Court's Heightened Review Of Land Use Exactions In Dolan V. City Of Tigard, Lynda L. Butler
The Supreme Court's Heightened Review Of Land Use Exactions In Dolan V. City Of Tigard, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Dolan V. City Of Tigard: Land Use Exactions After Nollan V. California Coastal Commission, Lynda L. Butler
Dolan V. City Of Tigard: Land Use Exactions After Nollan V. California Coastal Commission, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian
Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian
John Hadidian, PhD
Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan
Katrin Rowan
No abstract provided.
A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley
A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley
Jill M. Fraley
In the traditional account, American courts transformed the law of waste, radically diverging from the British courts around the time of the American Revolution. Some of the most influential theorists of American legal history have used this account as evidence that American law is driven by economics. Due to its adoption by influential scholars, this traditional account of waste law has shaped not only our understanding of property law, but also how we view the process of transforming law.
That traditional account, however, came not from a history of the doctrine, but from an elaboration of the benefits of the …
Midat Sodom And The Housing Affordability Crisis, Michael Lewyn
Midat Sodom And The Housing Affordability Crisis, Michael Lewyn
Michael E Lewyn
Planetizen Blog Posts- First Half Of 2019, Michael Lewyn
Planetizen Blog Posts- First Half Of 2019, Michael Lewyn
Michael E Lewyn
Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn
Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn
Michael E Lewyn
Do You Believe In Ghost Apartments?, Michael Lewyn