Gideon: Looking Backward, Looking Forward, Looking In The Mirror, 2013 Seattle University School of Law
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, 2013 Seattle University School of Law
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, 2013 Seattle University School of Law
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, 2013 Notre Dame Law School
A Room Of One's Own? Accessory Dwelling Unit Reforms And Local Parochialism, Margaret F. Brinig, Nicole Stelle Garnett
Margaret F Brinig
Over the past decade, a number of state and local governments have amended land use regulations to permit the accessory dwelling units (“ADUs”) on single-family lots. Measured by raw numbers of reforms, the campaign to secure legal reforms permitting ADUs appears to be a tremendous success. The question remains, however, whether these reforms overcome the well-documented land-use parochialism that has, for decades, represented a primary obstacle to increasing the supply of affordable housing. In order to understand more about their actual effects, this Article examines ADU reforms in a context which ought to predict a minimal level of local parochialism. …
The Commons, Capitalism, And The Constitution, 2013 SelectedWorks
The Commons, Capitalism, And The Constitution, George Skouras
George Skouras
Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.
Moral Economy And The Upper Peasant: The Dynamics Of Land Privatization In The Mekong Delta, 2013 Montclair State University
Moral Economy And The Upper Peasant: The Dynamics Of Land Privatization In The Mekong Delta, Timothy Gorman
Department of Sociology Faculty Scholarship and Creative Works
This paper examines how people mobilize around notions of distributive justice, or ‘moral economies’, to make claims to resources, using the process of post‐socialist land privatization in the Mekong Delta region of southern Vietnam as a case study. First, I argue that the region's history of settlement, production, and political struggle helped to entrench certain normative beliefs around landownership, most notably in its population of semi‐commercial upper peasants. I then detail the ways in which these upper peasants mobilized around notions of distributive justice to successfully press demands for land restitution in the late 1980s, drawing on Vietnamese newspapers and …
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, 2013 University of New Mexico
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll
Publications
No abstract provided.
The (Somewhat) False Hope Of Comprehensive Planning, 2013 Touro Law Center
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Scholarly Works
Comprehensive planning at the municipal level, although useful in a variety of ways, is neither necessary nor sufficient to promote "smart" (that is, pedestrian and transit-oriented) growth. Comprehensive plans can be used to support sprawl as easily as to support smart growth, while smart growth may be promoted effectively through zoning reform or statewide legislation as well as through local planning.
Land Law, Land Rights, And Land Reform In Vietnam: A Deeper Look Into “Land Grabbing” For Public And Private Development, 2013 SIT Study Abroad
Land Law, Land Rights, And Land Reform In Vietnam: A Deeper Look Into “Land Grabbing” For Public And Private Development, Kaitlin Hansen
Independent Study Project (ISP) Collection
As Vietnam continues to search for its ideal balance between Communist control and a market-led economy, land rights emerge at the forefront of the discussion concerning the tension between traditional Socialist ideals of people-owned and state managed property versus neoliberal ideals of private property rights. The purpose of this study is twofold. First, this study will explore the legal relationship between the Vietnamese state and individuals in regards to land ownership, land management, and land use rights, explaining how this relationship has changed over time with subsequent land laws. Going further, this study will focus on the 2013 land law …
The (Somewhat) False Hope Of Comprehensive Planning, 2013 Touro Law Center
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Comprehensive planning at the municipal level, although useful in a variety of ways, is neither necessary nor sufficient to promote "smart" (that is, pedestrian and transit-oriented) growth. Comprehensive plans can be used to support sprawl as easily as to support smart growth, while smart growth may be promoted effectively through zoning reform or statewide legislation as well as through local planning.
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, 2013 University of Colorado Law School
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)
This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.
Program topics include:
- Oil and Gas Leases
- Surface Use Agreements (SUAs)
- Government’s Role in Authorizing Locations for Oil and Gas Development
- Technical Aspects of Nontributary and Produced Nontributary Ground Water
- Produced Nontributary Ground …
Disaster Law And Policy, 2013 University of California - Berkeley
Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun
Daniel A Farber
Koontz V. St. Johns River Water Management District, 2013 University of Montana School of Law
Koontz V. St. Johns River Water Management District, Ross Keogh
Public Land & Resources Law Review
Koontz extends the application of Nollan and Dolan, which require exactions of real property for land-use permits to share a “nexus” and be “roughly proportional” to the regulation to be constitutional. A divided United States Supreme Court held that “monetary exactions,” potentially including building permit fees or impact fees, must satisfy the Nollan and Dolan requirements even if the government denies the permit.[1] The Court did not reach the merits of the petitioner’s appeal.
[1](Kagan, Ginsburg, Breyer, and Sotomayor, JJ., dissenting).
Cameroon Pastoralists Fight For Their Way Of Life, 2013 Columbia Law School, Columbia Center on Sustainable Development
Cameroon Pastoralists Fight For Their Way Of Life, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
After years of struggles against governments and private parties, the Mbororo-Fulani are gaining international attention. But is this too little too late?
Memo To The Obama Administration On The Burma Responsible Investment Reporting Requirements, 2013 Columbia Law School, Columbia Center on Sustainable Development
Memo To The Obama Administration On The Burma Responsible Investment Reporting Requirements, Kaitlin Y. Cordes, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
In September 2013, CCSI sent a memo to President Obama and his Administration in response to the first public reports submitted by U.S. companies in compliance with the Burma Responsible Investment Reporting Requirements. The memo applauded the U.S. Government’s efforts to encourage responsible investment in Burma, noting that robust due diligence is essential to ensuring that international investments contribute to sustainable development. Yet the memo also urged the Obama Administration to take steps to strengthen future reporting. In particular, CCSI urged the Administration to issue clarifying guidance that any U.S. investor submitting a report should (1) provide information on due …
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, 2013 Universidad Complutense de Madrid, Spain
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Publications
No abstract provided.
The Political Fragmentation Of Land Use Governance In Santiago, Chile, And Its Implications For Socioeconomic Residential Segregation, 2013 Stanford University
The Political Fragmentation Of Land Use Governance In Santiago, Chile, And Its Implications For Socioeconomic Residential Segregation, Diego Gil Mc Cawley
Diego Gil Mc Cawley
Despite decades of economic development and the general improvement in the quality of life of its people, Santiago, the capital of Chile, presents high levels of residential segregation along socioeconomic lines. A debate about legal reforms to address this phenomenon is currently occurring. Existing Chilean research suggests that the current pattern of urban segregation has been caused by social housing policies based on the provision of subsidies to homeless people implemented in the last decades. However, foreign literature, especially in the United States, indicates that residential segregation is also influenced by land use legal structure and practices. This latter factor …
How Environmental Review Can Generate Pollution: A Case Study, 2013 Touro Law Center
How Environmental Review Can Generate Pollution: A Case Study, Michael Lewyn
Michael E Lewyn
State environmental review statutes often require state and local governments to draft an environmental impact statement for any project or permit that might have a substantial environmental impact. One such statute, New York's State Environmental Quality Review Act (SEQRA) defines “environmental impact” broadly to include not only traditionally environmental impacts such as pollution, but also social impacts such as increased neighborhood population. As a result, any large-scale development is likely to require environmental review under SEQRA.
In my article, I argue that such stringency harms air quality by discouraging infill development (that is, development in already-urbanized areas). Such development is …
State Fertilizer Bills: The Greenest Way To A More Natural Landscape?, 2013 University of Mississippi School of Law
State Fertilizer Bills: The Greenest Way To A More Natural Landscape?, Catherine M. Janasie
Catherine M Janasie
Abstract: State Fertilizer Bills: The Greenest Way to a More Natural Landscape?
By: Catherine Janasie, J.D., LL.M.
Ocean and Coastal Law Fellow
Mississippi-Alabama Sea Grant Legal Program at The University of Mississippi School of Law
Because the Federal Clean Water Act focuses mostly on point source pollution, states consider nonpoint source pollution to be the leading cause of water pollution in their waterways. Until recently, many thought that the regulation of fertilizer use by individual homeowners would invade too much on personal choice, which would make a fertilizer statute too unpopular for state legislators to pass. However, in an attempt …
The Birth, Death, And Afterlife Of The Wild Lands Policy: The Evolution Of The Bureau Of Land Management’S Authority To Protect Wilderness Values, 2013 Lewis & Clark College
The Birth, Death, And Afterlife Of The Wild Lands Policy: The Evolution Of The Bureau Of Land Management’S Authority To Protect Wilderness Values, Olivia Brumfield
Michael Blumm
Since the enactment of the Federal Land Policy and Management Act (FLPMA) in 1976, the Bureau of Land Management (BLM) has had a troubled relationship with wild lands, the nation’s last remaining places with wilderness characteristics. Although for twenty-five years BLM recognized wilderness values as a resource it must balance and could protect consistent with the agency’s multiple use mandate, in 2003 BLM largely disclaimed that interpretation, potentially imperiling future protection of wild lands that were not designated as wilderness or wilderness study areas. Since then, the agency has made incremental – but potentially powerful – steps toward reclaiming a …