Law Commons^™

Coastal Cultural Heritage Protection In The United States, France And The United Kingdom, Ryan Rowberry, Ismat Hanano, Sutton M. Freedman, Michelle Wilco, Cameron Kline

Faculty Publications By Year

Exacerbated by climate change, sea levels are rising rapidly. This poses a significant, immediate threat to coastal or riverine urban areas and the tangible cultural heritage (e.g. artifacts, buildings, monuments, archaeological sites) that makes them unique. Protecting coastal cultural resources from climate change is quickly becoming a global priority, and comparing cultural heritage laws designed to protect historic resources in coastal areas from several countries may illuminate potential paths forward. Following a brief discussion of the economic and public health benefits arising from the protection of cultural heritage, this article describes, examines, and compares the legal frameworks through which the …

Rainwater Harvesting: Legal Frameworks In The United States, Singapore And Other Countries, Julian Conrad Juergensmeyer, Audrone Vysniauskaite Durham

Faculty Publications By Year

With increasing climate change effects worldwide, rainwater harvesting is likely to become more and more important to ensure reliable alternative water supply and to conserve the environment. This article examines two goals to be accomplished through rainwater harvesting: (1) augmenting water supply for proposed development's use through regulations that have been formulated to make the proposed development responsible for at least a portion of the water supply needed to support the new development; and (2) managing stormwater runoff. The results show that many, perhaps most, rainwater harvesting programs, as exemplified by efforts in Singapore and elsewhere around the world, succeed …

A Comparison Of Two Smart Cities: Singapore & Atlanta, Karen Johnston

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This paper compares Singapore's top-ranked smart city strategy to Atlanta, Georgia, a city that does not make a top smart city ranking but boasts internationally recognized smart city projects.

Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor

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No abstract provided.

Introduction, Julian Conrad Juergensmeyer, Karen Marie Johnston

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No abstract provided.

Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor

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No abstract provided.

Alleviating Barcelona's Public Housing Shortages Through Historic Properties, Ryan Rowberry

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Creating public housing space in Barcelona requires rethinking how its historic properties might maintain their cultural and structural vitality while serving critical social and economic needs. Drawing on programs from the United States, Europe, and China, I suggest two strategies that Catalan officials might use to effectively leverage Barcelona's historic properties to reduce its public housing deficit. The first strategy considers successful financial incentives promoting public housing in historic properties within the United States - the Low Income Housing Tax Credit and the Historic Rehabilitation Tax Credit - and proposes how the Catalan government might find seed money to fund …

Developer Funding Of Affordable And Work Force Housing Through Impact Fees And Land Value Recapture: A Comparison Of American And Spanish Approaches, Julian C. Juergensmeyer

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This article explores the differences, similarities, comparative advantages and disadvantages between developer funding requirements for Affordable and Work Force Housing in the United States and Spain. Emphasis is placed on impact fees as a revenue source in the United States and value recapture requirements in Spain and in Catalonia in particular. The author concludes that American impact fees provide a broader base for developer funding requirement but that Spanish land value recapture programs offer greater flexibility to planning officials when they are applicable.

Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer

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Este artículo explora las diferencias, similitudes, ventajas y desventajas comparativas entre los deberes de financiación de los promotores urbanos de viviendas asequibles y para la clase trabajadora en los Estados Unidos y España. Se hace hincapié en las impact fees como fuente de ingresos en los Estados Unidos y los requisitos de recuperación de plusvalías en España y en Cataluña en particular. El autor concluye que las impact fees norteamericanas proporcionan una base más amplia para los deberes de los promotores de financiación, pero que los programas españoles de recuperación de plusvalías ofrecen una mayor flexibilidad a las autoridades encargadas …

Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois

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Housing is an integral part to elevating and maintaining a quality of life to ensure a healthy and productive citizenship. The overwhelming number of citizens in Montreal and the United States who are unable to find housing that is less than 33% of their income stifles that economic progression of individuals and the society in which these individuals live. The ability for cities to dictate their own plans for creating and maintaining affordable housing without mandates from the federal vacillates among the various levels of government with each level having certain positive and negative elements. Although city autonomy can provide …

The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas

Faculty Publications By Year

Barcelona is a leader in the smart cities movement, a movement that aims to help cities deliver services to citizens more efficiently and economically as a way of making the city a more inviting and inclusive place to live and work. As with any city committed to forward-looking economic, social, and urban development initiatives, it is important to consider whether ambitious goals to reinvent the city include an agenda to solve the persistent problems that have faced major cities for decades, including affordable housing and caring for roofless or homeless men and women. This article ties together the challenges Barcelona …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

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It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

A Brief History Of Coptic Personal Status Law, Ryan Rowberry, John Khalil

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Coptic Christians comprise the largest non-Muslim population in Egypt (12-17% of Egypt’s total population). For over a millennium, the Coptic Church has administered and adjudicated personal status matters (i.e., family law) for its members using Biblically-based principles that are vastly different from those of Shari’a Law. The Egyptian government, however, has advocated for a universal right of divorce for all Egyptians modeled on Shari’a Law, a development that would significantly impact Coptic Personal Status Law. * Using interviews conducted with Coptic bishops, priests, and parishioners in Egypt, along with primary and secondary sources, this article traces the development of Coptic …

Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo

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No abstract provided.

The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner

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This article brings much-needed precision to the debate over the Supreme Court's use of foreign and international law to interpret the Constitution. The debate has been both imprecise, ignoring the subtleties of the phenomenon at issue, and prematurely abstract, jumping to theoretical and ideological levels without first looking to establish the specifics. By focusing on the particular areas of constitutional text subjected to foreign sources and the longstanding lines of caselaw upon which the use of foreign sources builds, this article reveals that a doctrine has crystallized around the use of foreign sources. The doctrine specifies the precise uses to …

After Grutter Things Get Interesting! The American Debate Over Affirmative Action Is Finally Ready For Some Fresh Ideas From Abroad, Clark D. Cunningham

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No abstract provided.

Rethinking Equality In The Global Society, Clark D. Cunningham

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No abstract provided.

The Ali Principles Of Corporate Governance Compared With Georgia Law - Continued, The Special Contribution, Marjorie F. Knowles, Colin Flannery

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No abstract provided.

Water Law And Water Resources In Eastern Africa, Julian C. Juergensmeyer, James Wadley

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No abstract provided.

Legal Aspects Of Environmental Control In Mexico: An Analysis Of Mexico's New Environmental Law, Julian C. Juergensmeyer, Earle Blizzard

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No abstract provided.