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Articles 1 - 11 of 11

Full-Text Articles in Law

The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake Sep 2010

The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake

Luke A. Wake

In legal academia, there are various claims as to the proper role of the courts and the standard of review to be employed in evaluating claims of right. These competing judicial philosophies have been the subject of great debate in recent years. Yet underlying these debates is the question of rights and whether men are entitled, in justice, to assurances of personal autonomy, or whether the concept of rights is a mere legal fiction.

In a recent article in the Journal of Law and Philosophy, Evan Fox-Decent argues that individuals are entitled, at a minimum, to certain guarantees of bodily …


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power Jul 2010

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …


The Response Of Federal Legislation To Historic Preservation, Oscar S. Gray Apr 2010

The Response Of Federal Legislation To Historic Preservation, Oscar S. Gray

Oscar S. Gray

No abstract provided.


Federal Hill Resident And Restaurateur Forced To Move Because Of Spa-Brothel, Melanie Shapiro Esq, Donna M. Hughes Dr. Feb 2010

Federal Hill Resident And Restaurateur Forced To Move Because Of Spa-Brothel, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

The illegal operation of a spa-brothel on Federal Hill, Providence, has forced a resident and restaurateur to move. The traffic of "johns," the video surveillance of all entrances and exits, the harassment of women who visit and work in the area, and the unsanitary residue of sex acts have neighboring residents and business owners disgusted and fed-up.


Local Regulation Of Mineral Development In Wyoming, Alan Romero Dec 2009

Local Regulation Of Mineral Development In Wyoming, Alan Romero

Alan Romero

No abstract provided.


Curbing Energy Sprawl With Microgrids, Sara Bronin Dec 2009

Curbing Energy Sprawl With Microgrids, Sara Bronin

Sara C. Bronin

Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …


2010 Planetizen Blog Posts, Michael Lewyn Dec 2009

2010 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Planetizen blog posts on urban and suburban issues.


Obrigações De Realizar Obras De Conservação Patrimonial, De Acordo Com O Art. 19 Do Decreto-Lei 25/1937, Rafael De Oliveira Alves Dec 2009

Obrigações De Realizar Obras De Conservação Patrimonial, De Acordo Com O Art. 19 Do Decreto-Lei 25/1937, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.


Cohousing: Joining Affordable, Sustainable And Collaboratively-Govened, Single Family Neighborhoods, Michael N. Widener Dec 2009

Cohousing: Joining Affordable, Sustainable And Collaboratively-Govened, Single Family Neighborhoods, Michael N. Widener

Michael N. Widener

This article arises from the residential lending mess on the American middle class (however defined today), proposing a few innovative, forward-looking solutions for Americans whose credit has been ruined or whose largest (and frequently illiquid) economic asset cannot be sold or leased to offset their households’ obligations. The purpose of my essay is to invite conversations among civic leaders from the government, design, lending and residential development sectors, and academic opinion-makers, on how to stem the current foreclosure tide and restore confidence in owner-occupied housing markets, overcoming public anxieties about whether future economic downturns will bury those dwellers anew.


Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, Michael N. Widener Dec 2009

Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, Michael N. Widener

Michael N. Widener

No abstract provided.


Laying To Rest An Ancien Regime: Antiquated Institutions In Louisiana Civil Law And Their Incompatibility With Modern Public Policies, Christopher K. Odinet Dec 2009

Laying To Rest An Ancien Regime: Antiquated Institutions In Louisiana Civil Law And Their Incompatibility With Modern Public Policies, Christopher K. Odinet

Christopher K. Odinet

Man faces unprecedented challenges as he barrels through the twenty-first century. The world is now approaching a population of seven billion people, concentrated largely in crowded, overdeveloped urban centers. Global climate change is predicted to cause massive population displacement related to the disappearance of coastal lands and to create dire food shortages within the coming decade. Increasingly, societies are forced to make systemic adaptations to handle the strain of these modern-day crises. Governments must be innovative and adaptive in their efforts to protect the public. When the fundamental goals and objectives of society alter, the law should be modified to …