Land Use Consultations Advancing Therapeutic Jurisprudence: Ripe For Clinical Trials,
2016
Bonnett, Fairbourn, Friedman & Balint, P.C.
Land Use Consultations Advancing Therapeutic Jurisprudence: Ripe For Clinical Trials, Michael N. Widener
Cardozo Journal of Conflict Resolution
This paper proposes educating law students in the processes of therapeutic justice through service as a neutral in land use controversies, and in the process, improving law student dispute resolution skills and enabling them to promote therapeutic outcomes.
Sharing Property,
2016
University of Colorado Law School
Sharing Property, Kellen Zale
University of Colorado Law Review
The sharing economy-the rapidly evolving sector of peer-topeer transactions epitomized by Airbnb and Uber-is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities-renting your car out to a tourist for a day, paying to spend the weekend in a …
Justice Thomas's Kelo Dissent: The Perilous And Political Nature Of Public Purpose,
2016
University of Richmond
Justice Thomas's Kelo Dissent: The Perilous And Political Nature Of Public Purpose, Carol N. Brown
Law Faculty Publications
This Essay submits that the arguments that Justice Thomas constructed in his dissent were appropriately focused on the inherently political nature of the Fifth Amendment's Public Use Clause. Unlike the majority, Justice Thomas recognized that when the Supreme Court broadly interprets the public use restriction of the Fifth Amendment's Takings Clause, and at the same time defers to political actors in this arena, it fundamentally abdicates its constitutional responsibility. By deferring to political actors in this area, the Court in Kelo fundamentally abdicated its responsibility and also adopted a majoritarian doctrinal approach. Further, the Court conflated political ends with constitutional …
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest,
2016
Brooklyn Law School
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Brooklyn Law Review
As Millennials repopulate American cities and seek jobs in creative industries, housing affordability has risen to the forefront of urban policy battles. Major conflicts exist between homeowners, renters, municipal governments, and growing industries regarding the proper way to grapple with an influx of new capital, both financial and human. New York City is a prime example of this problem. Housing cost increases have exceeded income increases, leaving a large percentage of New Yorkers “rent burdened.” This note seeks to examine a likely cause of the present problem: zoning and variance systems that limit the ability of private land owners to …
Insuring Takings Claims,
2016
Vanderbilt University Law School
Insuring Takings Claims, Christopher Serkin
Vanderbilt Law School Faculty Publications
Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact …
Metropolitan-Wide Governance And An Innovation District: Smart Growth Reforms To Increase Economic Competitiveness In Warsaw, Poland,
2016
Suffolk University Law School
Metropolitan-Wide Governance And An Innovation District: Smart Growth Reforms To Increase Economic Competitiveness In Warsaw, Poland, Janice C. Griffith
Suffolk University Law School Faculty Works
The Capital City of Warsaw, Poland faces several challenges in becoming a global city that thrives on innovation and high-tech, knowledge-based service industries. Almost totally destroyed during World War II, the City has reconstructed itself from scratch, but it lacks a good spatial design, and its underdeveloped infrastructure and transportation system remain problematic. Further, urban sprawl has enveloped Warsaw’s metropolitan area, and the City has no authority outside of its jurisdictional boundary lines to address this issue unless it obtains cooperation from surrounding municipalities. This article contends that Warsaw cannot be economically competitive in the global economy unless it creates …
A Starving Culture: Alaskan Native Villages’ Fight To Use Traditional Hunting And Fishing Grounds,
2016
University of Oklahoma College of Law
A Starving Culture: Alaskan Native Villages’ Fight To Use Traditional Hunting And Fishing Grounds, Jeffrey W. Stowers, Jr.
American Indian Law Review
No abstract provided.
Lessons Learned: Avoiding The Hardships Of Tribal Mineral Leasing In The Development Of Oklahoma Tribal Wind Energy,
2016
University of Oklahoma College of Law
Lessons Learned: Avoiding The Hardships Of Tribal Mineral Leasing In The Development Of Oklahoma Tribal Wind Energy, Wyatt Swinford
American Indian Law Review
No abstract provided.
Guardians Of Municipal Public Trees: Commonwealth Of Massachusetts Tree Wardens’ Authority And Accountability,
2016
Western New England University School of Law
Guardians Of Municipal Public Trees: Commonwealth Of Massachusetts Tree Wardens’ Authority And Accountability, Julie E. Steiner
Faculty Scholarship
Today’s tree wardens are continually called upon to strike a balance between preservation of public trees and protection of the public from hazardous tree conditions. The Commonwealth of Massachusetts has been a pioneer in tree protection legislation, including the enactment of the first state legislation requiring a municipal tree warden. As guardians of the municipal landscape, tree wardens decide whether and when to plant new public shade trees, or to permit those that already exist to be cut, trimmed, or removed. This Article describes the important historical role the Commonwealth of Massachusetts has played in protecting public trees, the legal …
Gentrification: Yes ... My Community Is Improving, But For Who?,
2016
Benjamin N. Cardozo School of Law
Gentrification: Yes ... My Community Is Improving, But For Who?, David B. Shepherd
Cardozo Journal of Equal Rights & Social Justice
The note argues that while gentrification brings economic benefits, it disproportionately harms low-income families by displacing them and eroding their community fabric. The author advocates for regulatory measures, such as growth control and zoning laws, to mitigate these negative effects and preserve affordable housing and community culture.
When Local Government Misbehaves,
2016
SJ Quinney College of Law, University of Utah
When Local Government Misbehaves, Shelley Ross Saxer
Utah Law Review
This Article addresses one of the lingering questions following the Supreme Court’s decision in Koontz v. St. Johns River Water Management District. In that land use case, the Court held that proposed local government monetary exactions from property owners to permit land development were subject to the same heightened scrutiny test as imposed physical exactions. The Court left unanswered the question of how broadly this heightened scrutiny should be applied to other monetary obligations imposed by the government. The Article argues that “in-lieu” exactions that are individually assessed as part of the permitting process should be treated differently than the …
University of San Francisco
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Agdaagux Tribe Of King Cove V. Jewell,
2015
Alexander Blewett III School of Law at the University of Montana
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Public Land & Resources Law Review
In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.
When Winning Means Losing: Why A State Takeover Of Public Lands May Leave States Without The Minerals They Covet,
2015
S.J. Quinney College of Law, University of Utah
When Winning Means Losing: Why A State Takeover Of Public Lands May Leave States Without The Minerals They Covet, Robert B. Keiter, John C. Ruple
Wallace Stegner Center for Land, Resources, and the Environment publications
This White Paper, the third in a series assessing state efforts to take over federal public lands, addresses state claims to the minerals underlying those lands. Using Utah as an example, we argue here that even if states overcome extremely long odds to convince a court that the federal government is obligated to dispose of more public land, and that such a disposal obligation necessitates giving the public domain to the states, well established legal principles would prevent grants of most mineral lands to the states. Moreover, any mineral rights that states did obtain would be realized only after years …
Mitigating Climate Change By Zoning For Solar Energy Systems: Embracing Clean Energy Technology In Zoning’S Centennial Year,
2015
Elisabeth Haub School of Law at Pace University
Mitigating Climate Change By Zoning For Solar Energy Systems: Embracing Clean Energy Technology In Zoning’S Centennial Year, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Adopting land use regulations that encourage solar and other clean energy systems is an essential strategy for promoting clean power and one that focuses on the essential role that local governments play in mitigating climate change. This article explores efforts at the state and local level to reform zoning and land use regulations to permit, encourage, require, and incentivize rapidly-evolving clean energy systems, particularly solar, that, in the aggregate, have the ability to significantly increase power generation and decrease carbon emissions. The article illustrates how zoning, as it approaches its 100th anniversary, is encrusted with provisions that prohibit or discourage …
Water, Water, Everywhere: Surface Water Liability,
2015
Washington and Lee University School of Law
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Michigan Journal of Environmental & Administrative Law
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Emergency Takings,
2015
Brooklyn Law School
Uncloaking The Secrecy Behind Large-Scale Land Deals,
2015
Columbia Law School, Columbia Center on Sustainable Development
Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff,
2015
Roger Williams University
Legal Aspects Of Coastal Adaption & Resilience In Rhode Island: A Workshop For Municipal Solicitors And Staff, Roger Williams University School Of Law, Marine Affairs Institute, Sea Grant Rhode Island, Coastal Resources Management Council, University Of Rhode Island Graduate School Of Oceanography
School of Law Conferences, Lectures & Events
No abstract provided.
We Built This City: Public Participation In Land Use Decisions In Singapore,
2015
Singapore Management University
We Built This City: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article considers the extent to which the legal framework for making land use decisions in Singapore allows for public participation. It examines the issue from two angles: the creation and preservation of the built environment, and the transient use of public space. The first angle is discussed primarily from a heritage law viewpoint, focusing on planning law, compulsory acquisition law, and the legal regime for creating national monuments. As for the second angle, the article looks at how the use of common spaces for assemblies and processions is regulated. The foregoing are examined in the context of Edward Soja’s …
