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Articles 61 - 90 of 120
Full-Text Articles in Land Use Law
Resolving Conflicts Over Climate Change Solutions: Making The Case For Mediation , Alana Knaster
Resolving Conflicts Over Climate Change Solutions: Making The Case For Mediation , Alana Knaster
Pepperdine Dispute Resolution Law Journal
This article explores the role that mediation can play in resolving the conflicts that are emerging in the climate change arena. Case studies describing mediation of disputes over air quality standards, timber harvesting, species protection, and ecosystems restoration, which resulted in consensus agreements among multiple, diverse stakeholder groups, demonstrate its applicability to the climate change arena. Mediation is not suited to every dispute or set of disputants. However, an analysis of the opportunities and constraints for addressing climate change disputes at the state, regional, and local levels suggests that mediated negotiations is well suited for resolving a number of the …
Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway
Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway
Pepperdine Dispute Resolution Law Journal
Signed into law in September 2008, California's Senate Bill 375 (SB 375) is the first statewide legislation in the nation to link transportation and land use planning to climate change. The law is lengthy and complex, but the central concept is simple: locate homes closer to jobs, services, and transit so that Californians drive less frequently, travel shorter distances, and reduce their greenhouse gas (GHG) emissions. This article examines the approach to public participation outlined in SB 375, and argues that a critical success factor is the design and execution of strategies by local governments to engage citizens in the …
South Pasadena: A Dialogue On Dialogue, Steve Zikman
South Pasadena: A Dialogue On Dialogue, Steve Zikman
Pepperdine Dispute Resolution Law Journal
In the last half century, South Pasadena has fought many land use related battles-from efforts to stop the extension of the 710 freeway (710) through the heart of the city, to the recent ballot measure (Measure SP) that sought to overturn the City Council's approval of the new Downtown Revitalization Plan. The pattern of engagement continues to be one of "us versus them," with locals assuming extremely polarized positions, escalating the level of mistrust and demonization, and further dividing the city's civic and social fabric. Mediators are typically called in to help stakeholders resolve specific land use conflicts. However, there …
Foreword , Steve Zikman
Foreword , Steve Zikman
Pepperdine Dispute Resolution Law Journal
Taking It Upstream: Collaboration, Consensus Building & Sustainable Development-A Green Leadership (Un)conference was held at Pepperdine University's Graziadio Conference Center on September 25, 2009. In the spirit of collaboration, the symposium marked the first event jointly sponsored by the Straus Institute for Dispute Resolution and the Geoffrey H. Palmer Center for Entrepreneurship & the Law. The two journals have created special symposium editions comprised of papers authored by a number of the panelists, reflecting important trends in the evolution of conflict management and dispute resolution in the areas of multi-party environmental, land use, and public policy matters.
Cityland – Vol. 9, No. 1, Center For New York City Law
Cityland – Vol. 9, No. 1, Center For New York City Law
CityLand - 2012
This issue of CityLand covers significant land use and zoning developments in New York City as of February 15, 2012. The City Council approved the designation of the Borough Hall Skyscraper Historic District in Downtown Brooklyn, despite opposition from property owners concerned about economic impacts. The Westchester Square BID re-entered its objection period due to notice delivery issues, and six BIDs across the city received budget increases. The City Planning Commission approved Rudin Management’s redevelopment plan for the former St. Vincent’s Hospital site and certified NYU’s long-term campus expansion proposal in Greenwich Village. A public alternative fueling station was approved …
Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman
Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman
William & Mary Environmental Law and Policy Review
No abstract provided.
Failed Exactions, Mark Fenster
Failed Exactions, Mark Fenster
UF Law Faculty Publications
This symposium essay considers the doctrinal quandary created by 'failed exactions' - regulatory conditions on property development that government agencies contemplate but that are never finalized or enforced, usually because the property owner rejects them. A narrow but conceptually challenging issue to the relationship between the unconstitutional conditions doctrine and regulatory takings law, failed exactions could prove profoundly unsettling to current land use practices. A decade ago, the issue of whether failed exactions deserve heightened scrutiny prompted Justice Scalia to issue a dissent from a denial of petition for certiorari in which he stated, somewhat tentatively, that an extortionate demand …
University Of Baltimore Journal Of Land And Development Volume 2 Number 1 (Fall 2012) Front Matter
University Of Baltimore Journal Of Land And Development Volume 2 Number 1 (Fall 2012) Front Matter
University of Baltimore Journal of Land and Development
No abstract provided.
University Of Baltimore Journal Of Land And Development Volume 1 Number 2 (Spring 2012) Front Matter
University Of Baltimore Journal Of Land And Development Volume 1 Number 2 (Spring 2012) Front Matter
University of Baltimore Journal of Land and Development
No abstract provided.
Land Use Regulation: It Just Gets Worse, Michael Lewyn
Land Use Regulation: It Just Gets Worse, Michael Lewyn
University of Baltimore Journal of Land and Development
No abstract provided.
Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods, Kathleen Kerner
Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods, Kathleen Kerner
University of Baltimore Journal of Land and Development
No abstract provided.
Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan
Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan
University of Baltimore Journal of Land and Development
No abstract provided.
The Imposing Specter Of Municipal Liability For Exclusive Promotion Of Green Building Certification Systems, Colin W. Maguire
The Imposing Specter Of Municipal Liability For Exclusive Promotion Of Green Building Certification Systems, Colin W. Maguire
University of Baltimore Journal of Land and Development
No abstract provided.
Land Aesthetics V. Wireless Channel Access: The Case For Local Authority To Regulate The Visible, But Not The Wireless, Interface Of Antennas, Douglas Spoerl
Land Aesthetics V. Wireless Channel Access: The Case For Local Authority To Regulate The Visible, But Not The Wireless, Interface Of Antennas, Douglas Spoerl
University of Baltimore Journal of Land and Development
No abstract provided.
The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council, Colin W. Maguire
The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council, Colin W. Maguire
University of Baltimore Journal of Land and Development
No abstract provided.
Trophic Cascades And Private Property: The Challenges Of A Regulatory Balancing Act And Lessons The Uk Can Learn From The Reintroduction Of The American Gray Wolf, Whitney G. Stohr
Trophic Cascades And Private Property: The Challenges Of A Regulatory Balancing Act And Lessons The Uk Can Learn From The Reintroduction Of The American Gray Wolf, Whitney G. Stohr
University of Baltimore Journal of Land and Development
No abstract provided.
Superweeds And Suspect Seeds: Does The Genetically-Engineered Crop Deregulation Process Put American Agriculture At Risk?, Margaret Sova Mccabe
Superweeds And Suspect Seeds: Does The Genetically-Engineered Crop Deregulation Process Put American Agriculture At Risk?, Margaret Sova Mccabe
University of Baltimore Journal of Land and Development
No abstract provided.
The Occupy Movement: The Public-Private "Tug" Of Land, Anjali Rajasekhar
The Occupy Movement: The Public-Private "Tug" Of Land, Anjali Rajasekhar
University of Baltimore Journal of Land and Development
No abstract provided.
Strictly Liable Landlords Could Mean The Pound For Pit Bulls, Caitlin Biggins
Strictly Liable Landlords Could Mean The Pound For Pit Bulls, Caitlin Biggins
University of Baltimore Journal of Land and Development
No abstract provided.
The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta
The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta
UIC Law Review
No abstract provided.
Wildlife, Water Quality, And The Public Trust Doctrine: A Means Of Enforcing Agricultural Nonpoint Source Pollution Management Plans, Veronique Jarrell-King
Wildlife, Water Quality, And The Public Trust Doctrine: A Means Of Enforcing Agricultural Nonpoint Source Pollution Management Plans, Veronique Jarrell-King
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard D. Mccleary
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard D. Mccleary
Law Faculty Articles and Essays
In the decade since the U.S. Supreme Court’s decision in Alameda Books v. City of Los Angeles, 535 U.S. 425 (2002), the adult entertainment industry has attacked the legal rationale local governments rely upon as the justification for their regulation of adult businesses: that such businesses are associated with so-called negative secondary effects. These attacks have taken a variety of forms, including: trying to subject the studies of secondary effects relied upon by local governments to the Daubert standard for admission of scientific evidence in federal litigation; producing studies that purport to show no association between adult businesses and negative …
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens
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 …
Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long
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 …
Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism, Jerrold A. Long
Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism, Jerrold A. Long
Articles
No abstract provided.
Foreword: 40th Anniversary Of The Quiet Revolution In Zoning And Land Use Regulation, 45 J. Marshall L. Rev. Iii (2012), Celeste M. Hammond
Foreword: 40th Anniversary Of The Quiet Revolution In Zoning And Land Use Regulation, 45 J. Marshall L. Rev. Iii (2012), Celeste M. Hammond
UIC Law Review
No abstract provided.
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
Law Faculty Scholarly Articles
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, …
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
Scholarly Works
This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.
The Effect Of Rluipa's Land Use Provisions On Local Government, Alan C. Weinstein
The Effect Of Rluipa's Land Use Provisions On Local Government, Alan C. Weinstein
Law Faculty Articles and Essays
In the absence of perfect information about how RLUIPA has affected local governments, this article argues that the courts have adopted a pragmatic approach to maneuvering in the difficult terrain that RLUIPA occupies: combining appropriate judicial deference to a legislature that enacts a neutral law of general applicability with the heightened judicial scrutiny that becomes appropriate when that same law is applied to a specific zoning approval, a circumstance that frequently allows for subjectivity, and thus the potential for discrimination or arbitrariness against religious uses, in the approval process. I conclude that: (1) until proven otherwise, the costs RLUIPA undoubtedly …