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 …
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. …
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine,
2016
Touro University Jacob D. Fuchsberg Law Center
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber
Touro Law Review
No abstract provided.
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.
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 …
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 …
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 …
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.
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.
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.
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 …
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 …
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.
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.
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.
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.
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 …
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.
