Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Land Use (2)
- Affordable Housing (1)
- Bankruptcy (1)
- Book Review (1)
- Coastal resources (1)
-
- Commerce power (1)
- Constitutional Law (1)
- Constitutional law (1)
- Eminent domain (1)
- Environmental Law (1)
- Environmental law (1)
- Exactions (1)
- Federalism (1)
- Inclusionary Housing (1)
- Inclusionary Zoning (1)
- Judicial takings (1)
- Just compensation (1)
- Land use (1)
- Natural Resources Law (1)
- Natural resources (1)
- Navigability (1)
- Property Law (1)
- Property rights (1)
- Public domain (1)
- Public forums (1)
- Public trust (1)
- Real property (1)
- Regulatory takings (1)
- Wetlands (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Inclusionary Housing On A Global Basis, James Kelly
Inclusionary Housing On A Global Basis, James Kelly
James J. Kelly Jr.
This is a book review of Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture (2010, Nico Calavita and Alan Mallach, eds.). The book offers a comparative look at land-use based approaches to the creation of affordable housing in a broad range of developed countries. A little less than a sixth of the book is dedicated to the U.S., with special attention given to the development on inclusionary programs in California and New Jersey. The editors then devote a chapter each to Canada, England, Ireland, France, Spain and Italy. The penultimate chapter looks at inclusionary practices …
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Garrett Power
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.
The …
When Does Some Federal Interest Require A Different Result?: An Essay On The Use And Misuse Of Butner V. United States, Juliet Moringiello
When Does Some Federal Interest Require A Different Result?: An Essay On The Use And Misuse Of Butner V. United States, Juliet Moringiello
Juliet M Moringiello
Thousands of judges and scholars have relied on the statement in the 1979 Supreme Court opinion in Butner v. United States that “property interests are created and defined by state law . . . unless some federal interest requires a different result.” Often, they cite to the statement as a policy constraint that elevates state property law over federal bankruptcy law. This Essay, written for the American Bankruptcy Institute – University of Illinois Symposium on Chapter 11 Reform, posits that the Butner rule is not as broadly applicable as commonly believed. To do so, the Essay surveys some notable uses …