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Articles 1 - 19 of 19
Full-Text Articles in Law
Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel
Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel
Michigan Law Review
Landowners who sustain economic harm from arbitrary and capricious applications of land use regulations may sue the local government entities responsible for applying those regulations under 42 U.S.C. § 1983, alleging that the local government entities deprived them of substantive due process in violation of the Fourteenth Amendment. A landowner who brings this claim - an "as-applied arbitrary and capricious substantive due process" claim - may in appropriate cases seek declaratory and injunctive relief, damages, and attorney's fees. Despite controversy among courts and commentators over both the definition of property interests protected by the Due Process Clause and the standard …
The Ethical Implications, Political Ramifications And Practical Limitations Of Adopting Sustainable Development As National And International Policy, Gary D. Meyers, Simone C. Muller
The Ethical Implications, Political Ramifications And Practical Limitations Of Adopting Sustainable Development As National And International Policy, Gary D. Meyers, Simone C. Muller
Buffalo Environmental Law Journal
This paper is a revised version of a presentation given by Dr. Meyers at the International Conference on a Sustainable Society, Kobe, Japan (March 19-21, 1994).
Livestock Production: The Unsustainable Environmental And Economic Effects Of An Industry Out Of Control, Robert H. Smith
Livestock Production: The Unsustainable Environmental And Economic Effects Of An Industry Out Of Control, Robert H. Smith
Buffalo Environmental Law Journal
No abstract provided.
Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette
Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette
Natural Resources Journal
No abstract provided.
Rivers As Legal Structures: The Examples Of The Jordan And The Nile, Joseph W. Dellapenna
Rivers As Legal Structures: The Examples Of The Jordan And The Nile, Joseph W. Dellapenna
Natural Resources Journal
No abstract provided.
What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen
What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen
Vanderbilt Journal of Transnational Law
In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …
When Religion Becomes A Nuisance: Balancing Land Use And Religious Freedom When Activities Of Religious Institutions Bring Outsiders Into The Neighborhood, Shelley Ross Saxer
When Religion Becomes A Nuisance: Balancing Land Use And Religious Freedom When Activities Of Religious Institutions Bring Outsiders Into The Neighborhood, Shelley Ross Saxer
Kentucky Law Journal
No abstract provided.
A Dialogue On Design, William A. Mcdonough
A Dialogue On Design, William A. Mcdonough
University of Richmond Law Review
This is an interview in the Allen Chair Symposium.
The Twilight Of Land-Use Controls: A Paradigm Shift?, Charles M. Haar
The Twilight Of Land-Use Controls: A Paradigm Shift?, Charles M. Haar
University of Richmond Law Review
The subject chosen for this discussion is both timely and thought-provoking: the status and future of land-use regulations in the United States. In the hope of making the issues subsumed under this title as exciting to the general public as they are to the practitioners, Professor Michael Allan Wolf has taken the monumental Euclid decision of the United States Supreme Court in 1926 as the pivot of our deliberations. He has posed the question most dramatically with overtones of a swelling Wagnerian overture: "Is It The Twilight of Environmental and Land-Use Regulation?"
Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff
Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff
UIC Law Review
No abstract provided.
Capture And Counteraction: Self-Help By Environmental Zealots, James E. Krier
Capture And Counteraction: Self-Help By Environmental Zealots, James E. Krier
University of Richmond Law Review
Self-help is a largely neglected topic in American legal studies. With the exception of a survey by a group of law students published a dozen years ago, there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way. This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.
Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith
Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith
University of Richmond Law Review
This essay explores the place that the concept of property rights occupies in our constitutional system. The word "property" has been used in a number of ways in the history of our Republic.
Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker
Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker
University of Richmond Law Review
Across the United States, cities are witnessing a mass exodus into the suburbs with increasing frequency. The prestige that once attached to urbanites is now equated with these "new suburbanites." Claiming better schools, safer neighborhoods and overall peace of mind, the new suburbanites have been the pied-piper to thousands of other city dwellers. By and large, those that have been able to afford to move out of the cities are white, middle-class Americans.6 Local exclusionary zoning, by permitting only certain types of homes to be built in a specific area, has rendered the American dream-owning a home in suburbia-unattainable for …
Takings In The Court Of Federal Claims: Does The Court Make Takings Policy In Hage?, Danielle M. Stager
Takings In The Court Of Federal Claims: Does The Court Make Takings Policy In Hage?, Danielle M. Stager
University of Richmond Law Review
In the eleven western states, almost half of the land is federally owned and a large percentage of that federal land is used for grazing privately-owned domestic livestock. The Department of the Interior estimates that permitted grazing occurs on thirty-six percent of federal land, but this percentage is much higher in the areas containing more federal rangeland. In 1990, the eleven western states had approximately seventeen million beef cattle and 102,800 beef producers. Roughly eighteen percent of those beef producers had federal grazing permits, but in some states that percentage was much higher. For example, eighty-eight percent of the cattle …
Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene
Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene
University of Richmond Law Review
Since the boom of federal environmental laws in the early 1970s, Congress, federal administrative agencies, and the states have grappled with how best to obtain the lofty goals of these laws. As evidence of this struggle, Congress has made substantial amendments to several major environmental laws on one or more occasions in order to achieve these goals, and the states have followed suit in order to keep pace with the changes on the federal level. The resulting mass of state and federal environmental laws and regulations has led to a series of complex, and often confusing, layers of laws and …
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
UIC Law Review
No abstract provided.
Determining What Is In The Public Welfare In Water Appropriations And Transfers: The Intel Example, Susanne Hoffman-Dooley
Determining What Is In The Public Welfare In Water Appropriations And Transfers: The Intel Example, Susanne Hoffman-Dooley
Natural Resources Journal
No abstract provided.
Florida Game And Fresh Water Fish Commission V. Flotilla, Inc., Holly R. Harvey
Florida Game And Fresh Water Fish Commission V. Flotilla, Inc., Holly R. Harvey
Natural Resources Journal
No abstract provided.
The Future Of High-Level Nuclear Waste Disposal, State Sovereignty And The Tenth Amendment: Nevada V. Watkins, Sonny Swazo
The Future Of High-Level Nuclear Waste Disposal, State Sovereignty And The Tenth Amendment: Nevada V. Watkins, Sonny Swazo
Natural Resources Journal
No abstract provided.