Superiority Of Remediation Liens: A Cure To The Virus Of Blight,
2016
Nova Southeastern University
Superiority Of Remediation Liens: A Cure To The Virus Of Blight, Marilyn Uzdavines
University of Baltimore Law Review
Blight in a neighborhood is like a virus that spreads throughout the community. If left unchecked, that virus will destroy the community. In cities like Detroit, the spread of blight has ruined the economy and led to a dramatic plunge in population and the underfunding of city services. Blighted communities have transformed into vast swathes of abandoned properties that attract crime and create hazardous conditions to anyone who dares to remain in them. Although cities like Detroit have received exceptional media attention due to their overwhelming problems, blight continues to affect Detroit and communities in many states across the United …
Dealing With Illegal Housing: What Can New York City Learn From Shenzhen?,
2016
Duke Law School
Dealing With Illegal Housing: What Can New York City Learn From Shenzhen?, Shitong Qiao
Faculty Scholarship
In New York City, owners violated zoning regulations and opened up their basements, garages, and other floors to rent to people (particularly low-income immigrants) priced out of the formal market. The more than 100,000 illegal dwelling units in New York City (NYC) were referred to as “granny units,” “illegal twos or threes,” or “accessory units.” Due to the safety and habitability considerations of “alter[ing] or modif[ying] of an existing building to create an additional housing unit without first obtaining approval from the New York City Department of Buildings (DOB),” the City government devoted a lot of resources to detecting and …
Rluipa And The Limits Of Religious Institutionalism,
2016
University of Kentucky
Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray
Law Faculty Scholarly Articles
What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …
International Investment Law And The Extractive Industries Sector,
2016
Columbia Law School, Columbia Center on Sustainable Investment
International Investment Law And The Extractive Industries Sector, Lise Johnson, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Since the 1990s, international investment law has been rapidly evolving, resulting in a complex web of over 3,000 investment treaties. These treaties have been used to challenge a wide range of host state actions and inactions that have allegedly negatively affected foreign investors or investments. Those challenges, in turn, expose host states to potentially significant financial costs, and can restrict the ability of such states to maximize the benefits, and limit the environmental and social harms, that can result from the exploitation of natural resources. This briefing note provides an introduction to international investment law, with a view to assisting …
Land Development & Commercial Real Estate Problems (Volume I): 2015-16,
2016
Osgoode Hall Law School of York University
Land Development & Commercial Real Estate Problems (Volume I): 2015-16, Morton G. Gross
Osgoode Course Casebooks
Course Number 5160
Deny, Deny, Deny,
2016
Touro Law Center
Deny, Deny, Deny, Michael Lewyn
Scholarly Works
Some commentators argue that new housing supply and less restrictive zoning will not reduce housing prices in high-cost cities. This article discusses and critiques their arguments.
How To Make Suburbia Less Sprawling,
2016
Touro Law Center
How To Make Suburbia Less Sprawling, Michael Lewyn
Scholarly Works
Review of Retrofitting Sprawl, edited by Emily Talen.
Two Arguments Against Home-Sharing,
2016
Touro Law Center
Two Arguments Against Home-Sharing, Michael Lewyn
Scholarly Works
Two major arguments against Airbnb and similar home-sharing websites are that they (1) raise housing costs by reducing the supply of housing for long-term rental and (2) adversely affect neighbors of homes being used for home-sharing. This article critiques those arguments.
The Roots Of Expensive Zoning,
2016
Touro Law Center
The Roots Of Expensive Zoning, Michael Lewyn
Scholarly Works
Review of Zoning Rules, by William Fischel.
Taming The Super-Wicked Problem Of Waterfront Hazard Mitigation Planning: The Role Of Municipal Communication Strategies,
2016
Touro University Jacob D. Fuchsberg Law Center
Taming The Super-Wicked Problem Of Waterfront Hazard Mitigation Planning: The Role Of Municipal Communication Strategies, Sarah Adams-Schoen
Scholarly Works
In the Adaptation Report of the Fifth Assessment Report (AR5), the Inter-governmental Panel on Climate Change (IPCC) identifies floods in urban riverine and coastal areas as among the key climate-related risks for North America. Not surprisingly for residents of coastal and riverine communities devastated by recent extreme weather events, the Adaptation Report acknowledges that risks related to sea-level rise, increased frequency and duration of extreme precipitation events, and increasingly intense coastal storms are not only future risks, but are current risks that are already manifesting in property and infrastructure damage, ecosystem and social system disruption, public health impacts, and water …
Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land,
2016
Loyola Marymount University and Loyola Law School
Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue
Loyola of Los Angeles Law Review
No abstract provided.
Linkages To The Resource Sector: The Role Of Companies, Governments, And International Development Cooperation,
2016
Columbia Law School
Linkages To The Resource Sector: The Role Of Companies, Governments, And International Development Cooperation, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
With support from GIZ, CCSI prepared a report titled "Linkages to the Resource Sector: The Role of Companies, Governments, and International Development Cooperation." It outlines options for how these stakeholders can increase the economic linkages to the extractive industries sector not only in terms of ‘breadth’ (number of linkages) but also in terms of ‘depth’ (local value added). Apart from providing the theoretical framework for linkage creation and an overview of existing literature on this topic, the study highlights successful case study examples. Recommendations are provided for the three types of stakeholders.
Does New York State’S Implied Dedication Rule Encourage Or Deter The Development Of Temporary Parks And Community Gardens?,
2016
Touro University Jacob D. Fuchsberg Law Center
Does New York State’S Implied Dedication Rule Encourage Or Deter The Development Of Temporary Parks And Community Gardens?, Catherine Breidenbach
Touro Law Review
No abstract provided.
Starting From Scratch: Reasserting "Indian Country" In Alasky By Placing Alaska Native Land Into Trust,
2016
Florida A&M University College of Law
Starting From Scratch: Reasserting "Indian Country" In Alasky By Placing Alaska Native Land Into Trust, William H. Holley
Florida A & M University Law Review
The Alaska Native Claims Settlement Act (ANCSA) was enacted for the purpose of promoting economic development in remote Alaska Native villages. ANCSA has fallen short of this goal. ANCSA dissolved the trust relationship between Alaska Native tribes and the federal government by transferring former tribal lands to state-chartered, Native corporations. As a result, ANCSA severed Alaska Native tribal authority from tribal lands. Today, tribal governments in Alaska are without the resources necessary to address issues that threaten the survival of their communities. Tribal governments throughout the lower 48 states have long used federal land-into-trust provisions to expand and consolidate former …
The American Legacy Of Public Land Rebellion,
2016
University of Missouri - Kansas City, School of Law
The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr
Faculty Works
The most recent manifestation of the Sagebrush Rebellion is a mind-bending, consciousness altering, looking glass version of logic and reality. The sight of Cliven Bundy with his big hat, massive silver belt buckle, and his equally sizeable paunch, his unemployable spawn, the late, doggedly litigious Wayne Hage and his dutiful descendants, the swat teams of heavily armed, confrontation-seeking acolytes, equipped with flak jackets, AK-47s, second amendment signage, and "patriot" bling is, to be charitable, cartoonish. This clown car has emerged, clad in the sackcloth of "injured innocence" and professing to be the beleaguered natives of the Great Basin's high desert. …
When Scalia Wasn't Such An Originalist,
2016
Touro Law Center
When Scalia Wasn't Such An Originalist, Michael Lewyn
Scholarly Works
Although Justice Scalia generally described himself as an originalist, his opinion in Lucas v. South Carolina Coastal Council rejected originalist arguments. Why? This article suggests that pre-Lucas precedent and the ambiguity of the historical record might justify his methodology.
Climate Exactions,
2016
Georgetown University Law Center
Climate Exactions, J. Peter Byrne, Kathryn A. Zyla
Georgetown Law Faculty Publications and Other Works
This essay presents a legal device by which local governments can put a price on climate emissions and loss of resiliency generated by new real estate development. Local governments commonly impose fees, a type of monetary exaction, on new development to offset public costs that such development will impose. This Essay argues that monetary fees offer significant potential as a tool to help local governments manage land development’s contribution to climate change. Such “climate exactions” can put a price on the carbon emissions from new development and also on development that reduces the natural resiliency of the jurisdiction to the …
Front Matter,
2016
University of New Mexico
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces),
2016
Sturm College of Law, University of Denver
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Journal Articles
The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long …
Eminent Domain And Serrated Power,
2016
Suffolk University Law School
Eminent Domain And Serrated Power, Steven Ferrey
Suffolk University Law School Faculty Works
This article provides an examination of the legal issues affecting siting of new wind projects and the ability of states to use preemptive state powers to preempt local zoning and land-use issues to circumvent local opposition to wind power siting, with detailed case studies of law in different states.
