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Series

UIdaho Law

Land Use Law

2012

Articles 1 - 3 of 3

Full-Text Articles in Law

Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long Jan 2012

Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long

Articles

An important part of our institutional and cultural history is our understanding of a system of property interests. The most common trajectory of land-use regulation appears consistent with a property rights meta-narrative that informs multiple academic disciplines and levels of human interaction. This meta-narrative suggests that all land-use decisions begin with an assumption about the nature and extent of property rights held by potentially affected landowners, and that the ultimate end of any land-use regime is to "protect" those assumed property rights from unwarranted or unjustified intrusion by government. Because the law is a distinct linguistic environment in which word …


Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens Jan 2012

Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens

Articles

The 1964 Columbia River Treaty entered by the United States and Canada for mutual benefits in flood control and hydropower generation is under review in anticipation of expiration of certain flood control provisions in 2024. This Article asserts that nonstructural measures should be the primary focus of new expenditure on flood risk management in the Columbia River Basin over the next sixty-year period of treaty implementation to align flood risk management with management for ecosystem resilience. Resilience is the measure of the capacity of a system to maintain important functions, structures, identity, and feedback through adaptation in the face of …


Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism, Jerrold A. Long Jan 2012

Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism, Jerrold A. Long

Articles

No abstract provided.