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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
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
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
“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
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
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
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
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
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
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
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
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
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.
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
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.
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
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
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
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.
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
Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard
Villanova Law Review
No abstract provided.