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Articles 1 - 5 of 5
Full-Text Articles in Law
Rlupia And The Limits Of Religious Institutionalism, Zachary A. Bray
Rlupia And The Limits Of Religious Institutionalism, Zachary A. Bray
Zachary Bray
What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …
The Hidden Rise Of Efficient (De)Listing, Zachary A. Bray
The Hidden Rise Of Efficient (De)Listing, Zachary A. Bray
Zachary Bray
What is the value of the gray wolf, and what might be the costs of including a tiny desert lizard on the list of endangered species? For decades, Congress has formally excluded questions about the economic value of species and the costs of their protection from agency decisions about whether a species should be listed under the Endangered Species Act. Recently, however, a number of federal legislators have sought to incorporate their own ad hoc views about the value of individual species in peril, and the costs of protecting such species, into listing decisions. This goal has been accomplished through …
The New Progressive Property And The Low-Income Housing Conflict, Zachary A. Bray
The New Progressive Property And The Low-Income Housing Conflict, Zachary A. Bray
Zachary Bray
The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Zachary Bray
One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …
Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray
Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray
Zachary Bray
Local and regional private land trusts are among the most important and most numerous conservation actors in contemporary America, and conservation easements are perhaps the key land conservation tools used by these trusts. In recent decades, privately held conservation easements and local and regional private land trusts have grown at a rapid and increasing rate, and the total acreage protected by privately held conservation easements is now larger than some states. The early growth of privately held conservation easements met widespread approval, but more recently, contemporary conservation easement practice has attracted many critics, based in part on well-publicized national scandals …