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Articles 1861 - 1890 of 5264
Full-Text Articles in Land Use Law
Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon
Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon
University of Arkansas at Little Rock Law Review
No abstract provided.
Managing “Retreat”: The Challenges Of Adapting Land Use To Climate Change, Andrea Mcardle
Managing “Retreat”: The Challenges Of Adapting Land Use To Climate Change, Andrea Mcardle
University of Arkansas at Little Rock Law Review
No abstract provided.
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
Seattle University Law Review
This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …
Understanding Agricultural-Land Conservation From The Perspective Of Landowners In Franklin County, Massachusetts, Rocio Lalanda
Understanding Agricultural-Land Conservation From The Perspective Of Landowners In Franklin County, Massachusetts, Rocio Lalanda
USF Tampa Graduate Theses and Dissertations
What motivates agricultural-land owners to use conservation easements? As these legal tools have become a popular strategy for private land conservation in the U.S., a growing body of literature is examining how and why landowners conserve their properties through conservation easements. This research project expands upon environmental, geographical and rural land development literature through a qualitative fieldwork study of 34 private, conservation landowners associated with the Franklin Land Trust, a nonprofit conservation organization in western Massachusetts. The study identifies a broad range of environmental, social, spiritual and financial motivations for agricultural-land owners to conserve their properties, and indicates that for …
Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers
Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers
Journal of Comparative Urban Law and Policy
This paper explores where Atlanta’s historic preservation ethos stands in 2017. Further, this paper examines and analyzes how historic preservation can be more fully supported in Atlanta through strategic tools and policies.
Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska
Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska
Journal of Comparative Urban Law and Policy
No abstract provided.
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons
Journal of Comparative Urban Law and Policy
Water is a business driver and a substantial source of both wealth and risk. Water is also under increasing statutory and legislative pressure as jurisdictions strive to manage water resources more holistically by addressing both surface and groundwater together, but on a more decentralized and sustainable basis. The potential collapse of the municipal water system in Cape Town, South Africa serves as a stark alarm for cities in arid and semi-arid, Mediterranean-like environments. This risk is especially true of cities like Marseilles, France and regions like California. By comparing the impacts of the water law in these different jurisdictions, this …
Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor
Journal of Comparative Urban Law and Policy
Miami, Cape Town, and Marseille have taken dissimilar approaches in their attempts to legislate and supply affordable housing to those in need. One of these cities has no justiciable right whatsoever, one has a right set out in its national constitution, and one has a right set out in its national law. These cities have had different degrees of success in aiding those in need of adequate housing; however, each of these cities continues to suffer from both a lack of affordable housing and a widening income gap. Examining the frameworks and the efforts of these three port cities establishes …
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce
Journal of Comparative Urban Law and Policy
The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari
Journal of Comparative Urban Law and Policy
This article is a comparative analysis of property systems and their social dimensions between the United States (U.S.) and the European Union (EU). Throughout the article, we show how the fees and development taxes applied in the U.S. refer to an ex ante rationale assumed by private owners to compensate communities for land transformation or environmental impacts, while inside the EU, the political consensus is responsible for the imposition of limits in ex post abuses of ownership. Either in public administrations, or in the Council of Ministers of the EU, the social function of property is better understood as a …
Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle
Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle
Journal of Comparative Urban Law and Policy
Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem …
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio
Journal of Comparative Urban Law and Policy
The exponential demographic increase of the last century and the transformation of the cities, from industrial to service providers, added to the phenomenon of conurbation. In addition, the new social, environmental, economic, political and cultural dynamics of close cities, challenged the traditional municipal power and required a collaborative new management framework. Global cities became metropolitan areas. Issues of local urban interest are now of regional preoccupation. Governmental institutional frameworks and urban planning were not designed to match this new socioeconomic and environmental metropolitan order. This paper deals with the legal challenges of creating metropolitan governance structures comparing France and Brazil. …
The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith
The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith
Journal of Comparative Urban Law and Policy
France’s long history of centralized governance has generated debates as to what powers should remain with the State and what powers should devolve to sub-national governments. To ameliorate the fragmentation resulting from the small size of France’s 36,000 plus municipalities, called communes, the State authorized the creation of general-purpose, inter-communal public institutions to perform municipal functions on behalf of the communes on a greater economy of scale. The article examines the trajectory that led to the creation in 2010 of the métropole, or metropolis, the most recent of these inter-communal bodies that is designed to undertake public functions in large …
The Future Of French Metropolis, Anne-Claire Mialot
The Future Of French Metropolis, Anne-Claire Mialot
Journal of Comparative Urban Law and Policy
No abstract provided.
Introduction, Julian Conrad Juergensmeyer, Karen Johnston
Introduction, Julian Conrad Juergensmeyer, Karen Johnston
Journal of Comparative Urban Law and Policy
No abstract provided.
Fair Share: Reinvigorating The Twin Cities’ Regional Affordable Housing Calculus, Chase Hamilton
Fair Share: Reinvigorating The Twin Cities’ Regional Affordable Housing Calculus, Chase Hamilton
Minnesota Journal of Law & Inequality
No abstract provided.
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Texas A&M Law Review
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather …
The Persistence Of Segregation In The 21st Century, Paul A. Jargowsky
The Persistence Of Segregation In The 21st Century, Paul A. Jargowsky
Minnesota Journal of Law & Inequality
No abstract provided.
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Brooklyn Journal of International Law
According to the United Nations High Commissioner for Refugees; since 2011; the Syrian conflict has generated roughly 5.4 million refugees; while approximately 6.5 million people are internally displaced within the country; making it the largest internally displaced population in the world. Rebuilding Syria’s infrastructure; homes; and businesses will be an immense task; with cost estimates ranging between $250–$350 billion USD. The Syrian government and the international community have already started to contemplate postwar reconstruction and even wartime reconstruction; despite the ongoing fighting. This Note operates under the assumption that the Syrian government of President Bashar al-Assad will; at a minimum; …
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned
Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned
Environmental and Earth Law Journal (EELJ)
No abstract provided.
From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall
From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor
Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Helpless Giants? The National Park Service’S Ability To Influence And Manage External Threats To Redwood National And State Parks, Jack Mcleod
Notre Dame Law Review Reflection
This Essay analyzes the interactions between federal, state, and private landowners regarding Redwood National and State Parks (RNSP) to determine what power the National Park Service (NPS) has to stop the destruction of its trees resulting from externalities. Part I briefly discusses the historical development of RNSP, focusing on how its boundaries impact inner scenic resources. Part II argues that California state efforts have traditionally hampered redwood protection in RNSP, and Part III examines the limited resources the NPS possesses to protect redwoods. Ultimately, the NPS has few effective tools at its disposal to protect redwoods against external threats, except …
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Journal Articles
This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Property's Tipping Point, Shai Stern
Property's Tipping Point, Shai Stern
Cardozo Law Review
There is a clear tension in the law between exercises of state police power in land-use regulation including zoning laws, on the one hand, and takings under the Fifth Amendment, on the other. Courts have struggled to find a dividing line between the two, but for their efforts what we are left only with is a disjointed array of legal tests, each one as flawed as the next. Legal theorists, for their part, must shoulder some of the blame-no single theory can identify the point at which community need outweighs private property rights. Even well-developed theories thus fail to translate …
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Public Land & Resources Law Review
The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution …
Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann
Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann
William & Mary Environmental Law and Policy Review
No abstract provided.