Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate

Environmental Law

Institution
Publication Year
Publication
Publication Type
File Type

Articles 61 - 80 of 80

Full-Text Articles in Law

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


An Economic Theory Of Infrastructure And Commons Management, Brett M. Frischmann Apr 2005

An Economic Theory Of Infrastructure And Commons Management, Brett M. Frischmann

ExpressO

In this article, Professor Frischmann combines a number of current debates across many disciplinary lines, all of which examine from different perspectives whether certain resources should be managed through a regime of private property or through a regime of open access. Frischmann develops and applies a theory that demonstrates there are strong economic arguments for managing and sustaining openly accessible infrastructure. The approach he takes differs from conventional analyses in that he focuses extensively on demand-side considerations and fully explores how infrastructure resources generate value for consumers and society. As a result, the theory brings into focus the social value …


“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy Sep 2004

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.


Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster Aug 2003

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

ExpressO

A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …


Difused Surface Water: Reasonable Use Has Become The Common Enemy, Wendy B. Davis Aug 2003

Difused Surface Water: Reasonable Use Has Become The Common Enemy, Wendy B. Davis

ExpressO

Diffused surface water, caused by precipitation, should be treated as a necessary asset to replenish aquifers used for drinking water, and not as waste to be disposed of by landowners. Groundwater aquifers were created, and can only be replenished, by precipitation that is allowed to seep underground. Ninety-nine percent of the drinking water for people in rural areas of America comes from groundwater aquifers. These aquifers are in danger of being contaminated or depleted, which could result in severe water shortages very soon. Legislators have failed to enact a comprehensive system to regulate the use of aquifers, relying instead on …


Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock Mar 1998

Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman Jan 1997

The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther Jan 1997

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

All Faculty Scholarship

No abstract provided.


Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1995

Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Should Taxpayers Pay People To Obey Environmental Laws?, John A. Humbach Jan 1995

Should Taxpayers Pay People To Obey Environmental Laws?, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Should taxpayers have to pay people not to put pollutants into streams and reservoirs? Should taxpayers have to pay people not to kill off entire species? Should taxpayers have to reach into their pockets and pay people not to disperse development seamlessly across the countryside, relentlessly consuming, fragmenting, and degrading our nation's remaining natural lands until almost all is gone? Should we, in short, have to pay people not to engage in land-uses that have been determined to be too socially unacceptable to allow?


Section 6: Environment, Property, Business Regulation, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1993

Section 6: Environment, Property, Business Regulation, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Private Property Investment, Lucas And The Fairness Doctrine, John R. Nolon Jan 1992

Private Property Investment, Lucas And The Fairness Doctrine, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

These remarks are not intended to advocate the interests of the new property rights movement. In fact, those advocates will be disappointed by what I say. Rather, I aspire to view the issue of real property regulation as broadly as possible, reaching beyond the jurisprudence of regulatory takings cases into the realms of real estate transactions law and comprehensive land use planning.


Flint Ridge Development Company V. Scenic Rivers Of Oklahoma, Lewis F. Powell Jr. Oct 1975

Flint Ridge Development Company V. Scenic Rivers Of Oklahoma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd Jan 1974

Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review

No abstract provided.


Environmental Planning - A Legal Guide To Development In Pennsylvania, William M. Eichbaum Jr. Jan 1974

Environmental Planning - A Legal Guide To Development In Pennsylvania, William M. Eichbaum Jr.

Villanova Law Review

No abstract provided.


The Epa's Position: A Rational Approach To Land Development, Daniel J. Snyder Iii Jan 1974

The Epa's Position: A Rational Approach To Land Development, Daniel J. Snyder Iii

Villanova Law Review

No abstract provided.


Does Petaluma Lie At The End Of The Road From Ramapo, R. Marlin Smith Jan 1974

Does Petaluma Lie At The End Of The Road From Ramapo, R. Marlin Smith

Villanova Law Review

No abstract provided.


A General Overview Of The Conflicting Interests Involved In Land Development And Environmental Control, John M. Hyson Jan 1974

A General Overview Of The Conflicting Interests Involved In Land Development And Environmental Control, John M. Hyson

Villanova Law Review

No abstract provided.


Dept. Of Game V. Puyallup, Lewis F. Powell Jr. Oct 1973

Dept. Of Game V. Puyallup, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard Jan 1971

Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard

Villanova Law Review

No abstract provided.