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Full-Text Articles in Law

U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin Oct 2005

U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin

Scholarly Works

No abstract provided.


Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan Aug 2005

Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan

Endangered Species Act Congressional Field Tour (August 17-19)

6 pages (includes color illustration).

Contains references.


Slides: Community Ownership And Management Of Productive Forestland: Building Natural And Social Capital, Keith Bisson, Rodger Krussman Jun 2005

Slides: Community Ownership And Management Of Productive Forestland: Building Natural And Social Capital, Keith Bisson, Rodger Krussman

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenters: Keith Bisson, Quebec-Labrador Foundation, and Rodger Krussman, The Trust for Public Land

20 slides


Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero Jan 2005

Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero

Scholarly Works

Published just weeks before the U.S. Supreme Court handed down their controversial decision on Kelo v. City of New London in 2005, this article, in correctly predicting the outcome of the Supreme Court opinion, explores in Section I how the concept of what constitutes a public use has evolved over the decades from traditionally accepted uses such as public roads, buildings (e.g., government buildings and schools), and utilities to urban redevelopment. It explains how the broad concepts of community redevelopment have been stretched to encompass needed economic development projects that promise jobs, tax revenue, and other public benefits similar to …


Informal Rules, Transaction Costs, And The Failure Of The “Takings” Law In China, Chenglin Liu Jan 2005

Informal Rules, Transaction Costs, And The Failure Of The “Takings” Law In China, Chenglin Liu

Faculty Articles

The enforcement of China’s new takings law has failed. In the unbalanced tug-of-war between individual homeowners and deep pocketed developers, the government sided with the latter by changing zoning plans to fit commercial development, authorizing forced evictions, deploying judicial police to execute eviction orders, lowering compensation standards, instructing courts not to hear cases involving demolitions, blocking class actions, and more. Many Chinese scholars argue that lackluster enforcement can be remedied by a well-drafted property code. However, applying the New Institutional Economics’ (NIE) theory on institutions to the enforcement failure associated with the takings law draws attention to informal complaints, which …


The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole Jan 2005

The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin Jan 2005

Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin

Scholarly Works

No abstract provided.


Intellectual Property, Trade & Development: The State Of Play, Daniel J. Gervais Jan 2005

Intellectual Property, Trade & Development: The State Of Play, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article considers, first, available economic, social, and cultural analyses of the impact of intellectual property protection in developing countries. Economics provides a useful set of analytical tools and are directly relevant, in particular since the successfully arranged marriage of IP and trade rules after which it became inevitable that IP rules would be measured using an economic yardstick. The Paper also considers the claim that making proper intellectual property policy is impossible or inherently unreliable because theoretical models are inadequate or valid empirical data unavailable. Against this backdrop, the Article then examines the emergence of the World Trade Organization …