Law Commons^™

The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

The Federal-Aid Highway Construction Process: Procedures, Cases, And Plaintiff Strategies, Ronald H. Rosenberg, Allen H. Olson

Ronald H. Rosenberg

No abstract provided.

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Making Renewable Energy A Reality-Finding Ways To Site Wind Power Facilities, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Ronald H. Rosenberg

The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …

Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein

Ronald H. Rosenberg

No abstract provided.

Harmonious Federalism In Support Of National Energy Goals – Increased Wind Renewable Energy, Ronald H. Rosenberg

Ronald H. Rosenberg

American energy policy has slowly begun to change the mix in the sources of supply of electricity to residences, industry, and businesses. Renewable sources of electricity have been promoted as future contributors of large portions of the nation's electricity consumption. Wind power has been identified as a potentially substantial future electricity source contributing up to 20% of American demand 2030. To achieve these optimistic goals, there must be: (1) cost-effective, reliable energy technology; (2) sufficient investment capital to finance new construction; and (3) the existence of supportive governmental policies at all levels government. This article discusses the importance of inter-governmental …

Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Ronald H. Rosenberg

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Ronald H. Rosenberg

No abstract provided.

Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg

Ronald H. Rosenberg

Since the 1970s, environmental protection goals have gone from general statements of political desire to highly articulated systems of environmental regulation implemented by federal, state, and local governments. Environmental statutes have been enacted giving administrative agencies such as the U.S. Environmental Protection Agency (EPA) the responsibility for translating broad policy goals into specific regulatory requirements. Through its enforcement program, EPA seeks to assure that these general goals are achieved by individual actors. This Article examines a recent trend in EPA's practices, increased reliance on internal agency methods of enforcement. The study analyzes EPA's administrative enforcement system with particular emphasis on …

Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Federal Protection For Archaeological Resources, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Book Review Of Natural Resources Policy And Law: Trends And Directions, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman

Ronald H. Rosenberg

No abstract provided.

Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

Brief For The Lawyers' Committee For Civil Rights Under Law; Aarp; The American Civil Liberties Union Foundation; The Legal Aid Society – Employment Law Center; The National Asian Pacific American Legal Consortium; The National Association For The Advancement Of Colored People; The National Employment Lawyers Association; The National Partnership For Women And Families; The National Women's Law Center; And Now Legal Defense And Education Fund; As Amici Curiae In Support Of Respondent, Susan Grover, Patricia E. Roberts, Barbara R. Arnwine, Thomas J. Henderson, Michael L. Foreman, Sarah R. Crawford, Audrey Wiggins

Patricia E. Roberts

No abstract provided.

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …

Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

An emerging rule in the district courts—thus far endorsed by the United States Court of Appeals for the Federal Circuit—allows a victorious patent holder to receive a permanent injunction against an infringer if she is able to show that she has suffered a loss of market share due to the infringement. The larger the loss of market share the patent holder can prove, the more likely the court will issue an injunction. This “market share rule” is a response to the Supreme Court’s ruling in eBay Inc. v. MercExchange, L.L.C., exhorting lower courts to engage in equitable balancing before awarding …

Impression Products, Inc. V. Lexmark Inc.: Will International Patent Exhaustion Bring Free Trade In Patented Goods?, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.

Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses …

Infringement, Unbound, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.

Free Trade In Patented Goods: International Exhaustion For Patents, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

Modern international trade law seeks to increase global welfare by lowering barriers to trade and encouraging international competition. This “free trade” approach, while originally applied to reduce tariffs on trade, has been extended to challenge non-tariff barriers, with modern trade agreements targeting telecommunication regulations, industrial and product safety standards, and intellectual property rules. Patent law, however, remains inconsistent with free-trade principles by allowing patent holders to subdivide the world market along national borders and to forbid trade in patented goods from one nation to another. This Article demonstrates that the doctrines thwarting free trade in patented goods are protectionist remnants …

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.

Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.

Statutory Interpretation In Econotopia, Nathan B. Oman

Nathan B. Oman

Much of the debate in the recent revival of interest in statutory interpretation centers on whether or not courts should use legislative history in construing statutes. The consensus in favor of this practice has come under sharp attack from public choice critics who argue that traditional models of legislative intent are positively and normatively incoherent. This paper argues that in actual practice, courts look at a fairly narrow subset of legislative history. By thinking about the power to write that legislative history as a property right and legislatures as markets, it is possible to use Coase's Theorem and the concept …