Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (93)
- Natural Resources Law (67)
- Administrative Law (52)
- Oil, Gas, and Mineral Law (49)
- Water Law (44)
-
- Energy and Utilities Law (43)
- Agriculture Law (36)
- Cultural Heritage Law (34)
- Indigenous, Indian, and Aboriginal Law (34)
- Property Law and Real Estate (34)
- Science and Technology Law (32)
- Animal Law (29)
- Social and Behavioral Sciences (20)
- Comparative and Foreign Law (18)
- Law and Society (15)
- State and Local Government Law (15)
- Constitutional Law (14)
- International Law (14)
- Human Rights Law (12)
- Public Affairs, Public Policy and Public Administration (12)
- Housing Law (11)
- Transnational Law (10)
- Civil Rights and Discrimination (9)
- Legislation (9)
- Urban Studies (9)
- Jurisprudence (8)
- Securities Law (8)
- Admiralty (7)
- Institution
-
- University of Montana (39)
- Georgia State University College of Law (9)
- Columbia Law School (8)
- University of Maine School of Law (7)
- Touro University Jacob D. Fuchsberg Law Center (6)
-
- Seattle University School of Law (5)
- American University Washington College of Law (4)
- Barry University School of Law (4)
- University of Baltimore Law (4)
- Yeshiva University, Cardozo School of Law (4)
- Brooklyn Law School (3)
- Cornell University Law School (3)
- University of Florida Levin College of Law (3)
- University of New Mexico (3)
- Chicago-Kent College of Law (2)
- Maurer School of Law: Indiana University (2)
- Osgoode Hall Law School of York University (2)
- SIT Graduate Institute/SIT Study Abroad (2)
- Suffolk University (2)
- UIC School of Law (2)
- University of Colorado Law School (2)
- University of South Carolina (2)
- Vanderbilt University Law School (2)
- Washington and Lee University School of Law (2)
- Brigham Young University Law School (1)
- Central Bank of Nigeria (1)
- City University of New York (CUNY) (1)
- Duke Law (1)
- Florida A&M University College of Law (1)
- Fordham University (1)
- Keyword
-
- Land use (12)
- Law (10)
- Zoning (8)
- Environmental (6)
- Land (6)
-
- Clean Water Act (5)
- Climate change (5)
- Coastal (5)
- Environment (5)
- Housing (5)
- Human rights (5)
- Ocean (5)
- Agriculture (4)
- Eminent domain (4)
- Environmental law (4)
- Montana (4)
- Oregon (4)
- Singapore (4)
- APA (3)
- Administrative law (3)
- Boundaries (3)
- Bureau of Land Management (3)
- California (3)
- Climate Change (3)
- Cultural heritage (3)
- EPA (3)
- Indian law (3)
- Indigenous (3)
- Jurisdiction (3)
- Land Use (3)
- Publication
-
- Public Land & Resources Law Review (38)
- Journal of Comparative Urban Law and Policy (9)
- Columbia Center on Sustainable Investment Staff Publications (7)
- Ocean and Coastal Law Journal (5)
- Scholarly Works (5)
-
- Environmental and Earth Law Journal (EELJ) (4)
- Faculty Scholarship (4)
- Scholarly Articles in Law Reviews & Journals (4)
- University of Baltimore Journal of Land and Development (4)
- Articles (3)
- Seattle University Law Review (3)
- UF Law Faculty Publications (3)
- American Indian Law Journal (2)
- Chicago-Kent Law Review (2)
- Faculty Publications (2)
- Independent Study Project (ISP) Collection (2)
- Maine Law Review (2)
- Natural Resources Journal (2)
- Osgoode Course Casebooks (2)
- Suffolk University Law School Faculty Works (2)
- UIC Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles by Maurer Faculty (1)
- Brigham Young University Journal of Public Law (1)
- Brigham-Kanner Property Rights Journal (1)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Brooklyn Journal of International Law (1)
- Brooklyn Law Review (1)
- Cardozo Journal of Equal Rights & Social Justice (1)
- Cardozo Law Review (1)
- Publication Type
Articles 91 - 120 of 146
Full-Text Articles in Land Use Law
Federal Courts And The Poor: Lack Of Standards And Uniformity In Civil In Forma Pauperis Pleadings, Ezra Rosser
Federal Courts And The Poor: Lack Of Standards And Uniformity In Civil In Forma Pauperis Pleadings, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Andrew Hammond's article, Pleading Poverty in Federal Court, shows that there is considerable variation in how federal courts consider requests by the poor for fee waivers in civil litigation. Courts not only use different forms to collect ability-to-pay information but they also apply different standards when determining whether fees should be waived. By focusing attention on federal court in forma pauperis motion practices, Hammond's article sheds light on how the poor can be negatively impacted by routine court practices that might ordinarily be treated as merely administrative. Hammond makes a convincing argument that federal courts should have uniform standards for …
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Ocean and Coastal Law Journal
Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious, …
Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood
Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood
Texas A&M Law Review
This Article dives into Ghana’s complex land-registration system, which is influenced by both statutory and customary law. Section II discusses Ghana’s statutory land laws. Section III provides a brief overview of Ghana’s customary land laws. Section IV discusses several obstacles within Ghana’s land-administration system.
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.
Solenex Llc V. Jewell, F. Aaron Rains
Solenex Llc V. Jewell, F. Aaron Rains
Public Land & Resources Law Review
In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the Secretary’s …
Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers
Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers
Public Land & Resources Law Review
The Sierra Club alleged Dominion violated the Clean Water Act by allowing arsenic to leak from coal ash storage pits into state waters. The Fourth Circuit Court of Appeals found for the polluter, using a narrow definition of point source. Additionally, the Fourth Circuit deferred to agency interpretation of the polluter’s permit to find no violation occurred.
The Rock: The Role Water Plays In Our Lives, Ronald Griffin
The Rock: The Role Water Plays In Our Lives, Ronald Griffin
Faculty Books and Book Contributions
We witness increasing interconnectedness of issues, internationalization of flows of goods and movement of labor, intergovernmental cooperation, new attitudes to personal rights and meaning of family, including human rights, as well as changes of values, moral principles and ethical conceptions.We live in a pervious world. Traditional boundaries have become permeable. One of the great challenges of our time is the response of the law to current developments. The authors of the collection of essays offered in this book seek to analyze some of these challenges.The essays are revised versions based on presentations at the International Conferences on Law organized by …
Regulatory Takings And The Constitutionality Of Commercial Rent Regulation In New York City, Henry Topper
Regulatory Takings And The Constitutionality Of Commercial Rent Regulation In New York City, Henry Topper
Cornell Law Library Prize for Exemplary Student Research Papers
In recent years, the plight of small businesses in New York City has become a contentious topic. Although the city and its current mayoral administration share a long-standing commitment to affordable housing, the city’s small businesses—an integral and defining feature of the urban landscape—have suffered immensely. In the past decade, local establishments have largely given way to a homogeneous landscape of empty storefronts and national chain stores.The loss of local busi- ness occurs with such staggering frequency that there is an entire thriving blog subculture documenting their “vanishing” and the Center for an Urban Future publishes an annual report on …
Eminent Domain In New York City, Aiden Hannon
Eminent Domain In New York City, Aiden Hannon
Fordham Undergraduate Law Review
On the first of February, 2008, the United States Court of Appeals for the Second Circuit upheld the condemnation and subsequent development of several Brooklyn properties in Vanderbilt Yards that were obstructing the construction of a new stadium for the New Jersey Nets. The rationale behind the decision in Goldstein v. Pataki derives from the Fifth Amendment’s Takings Clause, which holds that “private property [shall not] be taken for public use without just compensation.” The new construction project would bring a National Basketball Association franchise to Brooklyn, theoretically raising the tax revenue and creating more jobs, alongside sixteen high-rise apartments …
Land Development & Commercial Real Estate Problems (Volume I): 2018-19, Morton G. Gross
Land Development & Commercial Real Estate Problems (Volume I): 2018-19, Morton G. Gross
Osgoode Course Casebooks
Course number: 5160.03
Taking A “Hard Look”: The Legality And Policy Implications Surrounding The Polymet Mine Land Transfer, Kyle Hoffmeister
Taking A “Hard Look”: The Legality And Policy Implications Surrounding The Polymet Mine Land Transfer, Kyle Hoffmeister
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
A Guide To Development Order “Consistency” Challenges Under Florida Statutes Section 163.3215, Richard Grosso
A Guide To Development Order “Consistency” Challenges Under Florida Statutes Section 163.3215, Richard Grosso
Faculty Scholarship
No abstract provided.
The Use Of Automatic Collateral Evaluation Products In Residential Mortgage Transactions: Big Banks Use Them As Bait To Trap Consumers Into Risky Mortgages, 52 Uic J. Marshall L. Rev. 395 (2019), Roksana Gallus
UIC Law Review
No abstract provided.
Repurposing Golf Courses And Other Amenities That Burden The Land: Covenants Running Forever – A Transactional Perspective, 52 Uic J. Marshall L. Rev. 603 (2019), Celeste Hammond
UIC Law Review
No abstract provided.
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Public Land & Resources Law Review
No abstract provided.
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills
Public Land & Resources Law Review
No abstract provided.
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Public Land & Resources Law Review
No abstract provided.
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Public Land & Resources Law Review
Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy
Public Land & Resources Law Review
No abstract provided.
Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones
Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones
Public Land & Resources Law Review
No abstract provided.
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor
Public Land & Resources Law Review
No abstract provided.
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Public Land & Resources Law Review
President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects of scientific interest, and dismissing …
Calming Troubled Waters: Local Solutions, Part I, John R. Nolon
Calming Troubled Waters: Local Solutions, Part I, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In 1861, the Ohio Supreme Court adopted the Absolute Use Rule to govern groundwater, essentially allowing landowners its unencumbered use. The opinion noted that the behavior of subterranean water was “occult and mysterious” and that it was beyond the competence of judges to determine its appropriate use. The Ohio court reversed course in 1984 and adopted the Reasonable Use Rule. By then, scientific knowledge had advanced to the point that the interconnected movement of water was more readily discoverable. The court noted that a primary goal of water law should be to conform to hydrologic fact. This Article explores the …