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

Law Commons

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

Articles 1 - 10 of 10

Full-Text Articles in Law

Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin May 2013

Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia Salkin

Patricia E. Salkin

No abstract provided.


The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia Salkin May 2013

The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia Salkin

Patricia E. Salkin

Myriad federal and state programs have been promoted to incentivize the research and development of renewable energy as a means of achieving sustainability and producing more affordable alternative energy systems, and these programs could potentially have a profound impact on the way that electricity is produced and consumed in the United States. Small-scale renewable energy generation from sources such as solar and wind, that can be used at the consumer level as a source of power for homes and small businesses, is an important part of this paradigm shift. However, regardless of the fiscal incentives offered to clean-tech companies to …


American Law Of Zoning, Patricia Salkin May 2013

American Law Of Zoning, Patricia Salkin

Patricia E. Salkin

No abstract provided.


New York Zoning Law And Practice, 4th Edition, Patricia Salkin May 2013

New York Zoning Law And Practice, 4th Edition, Patricia Salkin

Patricia E. Salkin

This resource discusses the creation and enforcement of state zoning regulations, including organizational and substantive changes and updates. All phases of zoning, planning, subdivision control, and the evolution of land-use controls are covered with respect to administrative and judicial considerations. Hundreds of cases noted in previous annual supplements have been integrated into the text, as well as new chapters on issues impacting the field. Includes extensive forms, zoning definitions, ordinance and charter provisions, and web sites of interest to land-use lawyers.


Government "Green" Requirements And "Leedigation", Patricia Salkin, Graham Grady, Nicole Mueller, Susan Herendeen May 2013

Government "Green" Requirements And "Leedigation", Patricia Salkin, Graham Grady, Nicole Mueller, Susan Herendeen

Patricia E. Salkin

No abstract provided.


New York Zoning Law And Practice Report, Patricia Salkin May 2013

New York Zoning Law And Practice Report, Patricia Salkin

Patricia E. Salkin

This bimonthly newsletter examines developments in zoning law and practice in New York. Each issue features an article detailing a trend or development in zoning and planning law. The article is often followed by summaries of recent federal or state court decisions relating to zoning or planning law.


No Protectable Property Interest In Making Land Use Decisions And Other Ethics In Land Use Issues 2009-2010, Patricia Salkin Jul 2012

No Protectable Property Interest In Making Land Use Decisions And Other Ethics In Land Use Issues 2009-2010, Patricia Salkin

Patricia E. Salkin

This annual review of reported decisions and opinions focused on ethical considerations in land use planning and decisionmaking, continues to highlight the hotly litigated issues surrounding conflicts of interest of various players in the land use game.


Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia Salkin, Ashira Ostrow Jul 2012

Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia Salkin, Ashira Ostrow

Patricia E. Salkin

This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the TCA’s Siting Policy. Part I describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure. Part II assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …


Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia Salkin, Amy Lavine Jul 2012

Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia Salkin, Amy Lavine

Patricia E. Salkin

Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely …


The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia Salkin, Amy Lavine Jul 2012

The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia Salkin, Amy Lavine

Patricia E. Salkin

In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …