Land Use Law Commons^™

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

More Than Words: Using Land Use Rules To Fight Climate Destruction, Edward Sullivan

Journal of Comparative Urban Law and Policy

It is now unlikely that meaningful federal legislation on climate destruction will be advanced in a second Trump administration. If “no action” is the alternative for the federal government, it will be up to the states to develop measures to counteract this challenge. These measures — in response to a trend in Supreme Court rulings that restrict or deny federal environmental action without explicit congressional approval – could include, among other things, new air and water quality standards, fishing restrictions, and changes to water allocations in our rivers. Yet these potential changes may be themselves limited by federal actions that …

Grievance Redress Mechanisms For Commons: Evaluating The Design And Effectiveness Of Public Land Protection Cells In Rajasthan, India, Pooja Chandran

Journal of Law and Public Policy

Encroachment on common land represents a significant governance challenge in India. Weak institutions, irregular enforcement, and power imbalances often leave marginalised communities more vulnerable to eviction than others. This article examines the design and effectiveness of Public Land Protection Cells (PLPCs)—a judicially mandated grievance redressal mechanism in Rajasthan—in addressing common land encroachment disputes. Drawing on an analysis of cases before the Rajasthan High Court, field observations, and stakeholder interviews, it evaluates how PLPCs address enforcement gaps and promote accountability. Using the United Nations Guiding Principles 31 as a foundation, the article develops a contextualised framework to assess PLPCs to highlight …

Take In Case Of Emergency: Reconciling Necessity Takings With The Original Meaning Of The Takings Clause, Tony Smith

Northwestern University Law Review

Does the Fifth Amendment’s Takings Clause permit the state to destroy property without compensation whenever it declares an emergency? The long-standing doctrine of necessity empowers the state to do exactly that.

Courts dating back to common law England have permitted governments to claim a privilege of necessity to avoid paying for private property they destroy in times of crisis. The privilege rests on the principle that the public good sometimes outweighs the harm the individual suffers. Today’s courts and academics stretch this principle to its limits, arguing necessity should be used as a vehicle for combating all manner of social …

Getting Our House In Order: Mapping The Unconstitutional Conditions Doctrine Onto Washington’S Inclusionary Zoning Policies After Sheetz V. County Of El Dorado, John “Jack” Haskins

Washington Law Review

The unconstitutional conditions doctrine dictates what a government can and cannot do when exercising its police powers to promote community interests. Recent Supreme Court jurisprudence highlights a special application of the doctrine in the land use context, with Sheetz v. County of El Dorado recognizing constitutional scrutiny of legislative decisions. After decades of using its own analysis, Washington courts now use the federal approach in these cases. Land use exists at the forefront of Washington policies and the state maintains a sharp focus on the affordable housing crisis. One approach enacted at the local and state level is mandatory inclusionary …

Legal Models For Public-Private City Greening Partnerships, Daniel J. Metzger

Sabin Center for Climate Change Law

Cities are significantly hotter than their surrounding areas. That difference, known as the “urban heat island” effect, is driven in significant part by the dark-colored buildings, sidewalks, roadways, and similar surfaces that dominate urban spaces, absorbing solar energy and later radiating it outward as thermal energy that heats the nearby air. This Comment suggests and describes one avenue through which cities and local community-based organizations (CBOs) could tackle extreme heat: partnering with one another to transform paved surfaces into green or reflective ones. Partnerships of this kind could combine the resources and desire to create green spaces that nongovernmental groups …

The Siren Song Of Territoriality, Robin J. Effron, Alan M. Trammell

Indiana Law Journal

Territoriality—the theory that a state’s physical borders determine its power and sovereignty—boasts a long, venerable history. For centuries, it served as the dominant political theory for myriad ideas. It defined a wide range of doctrines, including personal jurisdiction, choice of law, and prescriptive jurisdiction. By the middle of the twentieth century, though, this rigid territoriality no longer described or responded to the challenges of a society that had grown increasingly mobile and interconnected. Courts replaced inflexible territorial theories with more functional theories rooted in fairness and state regulatory interests.

In recent years, territoriality has seen a curious resurgence. The Supreme …

The Not-So-Silent Side Effects Of Upzoning: Noise Pollution, Mackenzi Barrett

Vanderbilt Law Review

A broad coalition has formed to oppose restrictive zoning laws. According to this coalition, zoning is largely to blame for the current housing crisis facing the United States, and to increase the housing supply, cities across the country should embrace upzoning—that is, loosen zoning laws to allow for greater density. Like many other well-intentioned policy changes, upzoning has the possibility for negative unintended consequences. Among those consequences is noise pollution. In recent decades, noise pollution has gone largely undiscussed in the United States. Notwithstanding this neglect, existing research demonstrates that noise pollution can have serious adverse effects on people’s health …

The Effectiveness Of Public-Private Partnerships In Addressing Residential Urban Development Challenges In Greater Cairo, Sara Nagy Abdelmessih

Theses and Dissertations

This research explores the effectiveness of Public-Private Partnerships (PPPs) in tackling the residential urban development challenges facing Cairo today. In the past two decades, PPPs have emerged as a dominant mode of housing production, positioned as collaborative ventures between state agencies and private developers. They have become integral to the expansion of Greater Cairo, producing vast new urban extensions under the promise of mobilizing private capital, technical expertise, and delivery capacity. Yet, questions remain about whether these arrangements genuinely address Egypt’s most urgent housing needs, or whether they reproduce market-driven logics that leave large segments of the population excluded. The …

Keabsahan Pemberian Kuasa Pendebetan Dan Pemblokiran Sebagai Jaminan Dalam Suatu Perjanjian Kredit (Studi Putusan Mahkamah Agung Nomor 587k/Pdt.Sus-Bpsk/2021), Reyvia Fitri

Indonesian Notary

This thesis analyzes the validity for granting a power of attorney in a credit agreement and to which court has the authority to adjudicate disputes arising from the validity of such granting of power of attorney. This article was prepared using doctrinal methods with secondary data originating from the Civil Code and other related regulations. Today's urgent need for credit encourages people to enter into credit agreements without fully understanding the contents of the agreement they are entering. In practice, the contents of the credit agreement contain a clause granting authority to debit and block the customer's account to ensure …

Tanggung Jawab Notaris Atas Keabsahan Pelaksanaan Rupslb Dan Akta Hibah Saham Yang Bertentangan Dengan Anggaran Dasar Perseroan Terbatas (Studi Putusan Pengadilan Negeri Padang Nomor 10/Pdt.G.S/2023/Pn Pdg), Aqilah Nurshafira Anwar

Indonesian Notary

This thesis examines the validity of the Extraordinary General Meeting and the creation of the share gift deed that does not comply with the Articles of Association, based on the UUPT and UUJN. This thesis also examines Notary's liability for creating the share gift deed in violation of the law, as Padang District Court Decision No. 10/Pdt.G.S/2023/PN Pdg. This research uses doctrinal methodology with qualitative analysis. The results show that the RUPSLB decision of PT INT, remains valid despite procedural disrepancies in the meeting invitation, as all shareholders attended and approved the decision, as per Article 82(5) UUPT. However, …

Pendaftaran Akta Wasiat Untuk Pelindungan Terhadap Penerima Wasiat Dan Pihak Ketiga (Studi Putusan Pengadilan Negeri Denpasar Nomor 218/Pdt.G/2021/Pn Dps), Arde Nauval Sulistyo

Indonesian Notary

A person can state his will after he dies in an authentic deed, namely a Will Deed. Furthermore, the Will Deed must be registered with the Ministry of Law and Human Rights (Kemenkumham). The case of not registering a Will Deed which ultimately gave rise to a dispute can be found in the Denpasar District Court Decision Number 218/Pdt.G/PN Dps. The problem raised in this study is about the legal consequences of a Will Deed that is not registered with the Ministry of Law and Human Rights. In addition, the judge's considerations in his decision to fulfill justice and legal …

Kedudukan Ahli Waris Sebagaimana Surat Keterangan Hak Mewaris Yang Dibuat Pasca Terjadinya Pelanggaran Hak Cipta (Studi Putusan Nomor 35/Pdt.Sus-Hak Cipta/2020/Pn Niaga Jkt.Pst), Mirza Alvina Maharani

Indonesian Notary

This thesis examines the status of copyright as an inheritable asset recognized under Indonesian law, as well as the legal standing of heirs based on a Certificate of Inheritance (Surat Keterangan Hak Mewaris or SKHM) issued after a copyright infringement has occurred, as reflected in Decision No. 35/Pdt.Sus-Hak Cipta/2020/PN Niaga Jkt.Pst. This research employs a doctrinal legal method, supported by expert interviews. In the case under study, it was found that although inheritance under civil law occurs automatically upon the death of the copyright holder, the transfer of copyright requires written evidence and official registration with the Directorate General of …

Peranan Majelis Pengawas Daerah Kota Depok Dalam Menghadapi Permasalahan Pelanggaran Jabatan Notaris Di Kota Depok, Gabriella Tiku Sarungu

Indonesian Notary

The Regional Supervisory Council (MPD) functions to oversee and provide guidance on the Notary profession. The role of MPD is crucial in minimizing violations related to the Notary profession, particularly in Depok City. Therefore, it is necessary to examine the role of MPD in addressing violations of the Notary profession in Depok City, based on applicable regulations, as well as the implications of handling various types of violation reports submitted by the public on the performance of MPD in Depok City. This study uses a non-doctrinal method with qualitative empirical data, gathered through interviews and supported by secondary data. The …

Akibat Hukum Akta Penegasan Notaris Yang Memuat Perjanjian Pinjam Nama (Nominee) Benda Bergerak (Studi Putusan Nomor 5/Pdt.G/2022/Pn Stb Jo. Putusan 612/Pdt/2022/Pt Mdn), Andasmara Rizky Pranata

Indonesian Notary

In practice, the existence of nominee agreements often raises debates about their validity and legal protection for the parties involved, so nominee agreements should not be used carelessly and notaries play an important role in drafting these agreements. The purpose of this study is to analyze the validity of the deed confirming the agreement to borrow a name made by a Notary and to find out the role and responsibilities of a notary in confirming the agreement to borrow a name (nominee) related to movable property that is detrimental to the parties in the decision of Decision Number 5/Pdt.G/2022/PN Stb …

Kewenangan Dan Tanggung Jawab Notaris Berkaitan Dengan Bukti-Bukti Yang Diserahkan Para Pihak Untuk Pelaksanaan Surat Perjanjian Bersama (Studi Kasus Putusan Pengadilan Negeri Medan Nomor 693/Pdt.G/2021/Pn Mdn), Moudy Khanza

Indonesian Notary

This article analyzes the authority and responsibilities of a notary in matters relating to the evidence submitted by the parties for the implementation of the joint agreement (Case Study of Medan District Court Decision Number 693/Pdt.G/2021/PN Mdn). The problem formulated is firstly regarding the notary’s authority to store files relating to the deed, and secondly, the notary’s responsibilities are related to storing files for the implementation of the collective agreement related to Medan District Court decision Number 693/Pdt.G/2021/PN Mdn, where the agreement contains a joint agreement between party A and party W regarding the issue of reporting land disputes at …

Tribal Sovereign Immunity: Absolute Authority Or Accountability, Kekek Jason Stark

Public Land & Resources Law Review

In the wake of the recent United States Supreme Court decision of Trump v. United States, the Court determined that the President as Chief Executive is immune from conduct associated with official acts.3 The question that emanates from this opinion is how will this decision affect Indian Country and tribal court determinations of tribal sovereign immunity? This article will attempt to address this question. I begin with the Anishinaabe story of Bebaamosed miinawaa Gawigoshko’iweshiinh (The Trickster and the Little Scary Bird)5 in an attempt to understand the complicated nature of tribal sovereign immunity.

Discovering The Doctrine Of Discovery, Douglas Lind

Public Land & Resources Law Review

The doctrine of discovery is a concept in crisis. A principle of public international law associated with the so-called Age of Discovery, the doctrine of discovery is commonly said to have authorized European nations to claim the lands of indigenous peoples and establish settlements on the basis of “discovery” alone. Today, with good reason, the doctrine is widely condemned. The United Nations has denounced it as “the very foundation of genocide.” Describing its manifest injustices against indigenous cultures, dominion, and sovereignty as “devastating, far-reaching and intergenerational,” the UN Economic and Social Council has called for the doctrine to be categorically …

Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle

Public Land & Resources Law Review

The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.

Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth

Public Land & Resources Law Review

The most successful method of economic development for many Indian tribes in the United States has been gaming. Tribes across the country have risen out of poverty through their casino operations and have been able to use the profits to diversify their investments and improve tribal infrastructure, education, and social programs.

Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe, Meridian S. Wappett

Public Land & Resources Law Review

No abstract provided.

Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams

Public Land & Resources Law Review

No abstract provided.

Brigham-Kanner Property Rights Journal, Volume 14, William & Mary Law School

Brigham-Kanner Property Rights Journal

Gideon Kanner Remembrance

September 12-13, 2024

Restructuring Property: A Tribute to Lee Fennell

Background Principles, General Law, & Constitutional Property

Roundtable: Unfinished Business & Emerging Issues

Property Rights and Housing In Crisis

Government Trespass: The Fourth Amendment "Open Fields" Doctrine Turns 100

The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner

Fordham Environmental Law Review

The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …

Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan

Fordham Environmental Law Review

After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …

Climbing Mount Laurel: Federal Land Use And Zoning Policy As The Bipartisan Solution To The Affordable Housing Crisis, Nina Stockman

Buffalo Law Review

No abstract provided.

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead