Development And Practice Of Tribal Community Planning: Ensuring Indigeneity In The Planning Process,
2025
Seattle University School of Law
Development And Practice Of Tribal Community Planning: Ensuring Indigeneity In The Planning Process, Jared E. Munster, Ph.D.
American Indian Law Journal
No abstract provided.
Maine's Public Lots: The Emergence Of A Public Trust,
2025
University of Maine School of Law
Maine's Public Lots: The Emergence Of A Public Trust, Lee M. Schepps
Maine Law Review
Maine's public lots were originally reserved from conveyances of townships of public domain and were held by the state for the benefit of schools in the towns which would or could someday be created among the unorganized townships of the state. Many towns came into existence and inherited their public lots for the purposes for which the lots were reserved. Unlike many other states, however, almost half of the land area of Maine has never been incorporated into towns. Because of the great number of townships which have never been incorporated into towns, there are now approximately 400,000 acres of …
Nineteenth Century Dams And Twentieth Century Problems: Commentary On A Statutory Solution,
2025
University of Maine School of Law
Nineteenth Century Dams And Twentieth Century Problems: Commentary On A Statutory Solution, G. Graham Waite
Maine Law Review
In times past streams were commonly dammed to provide water power for machinery, improve navigation, or serve some other business purpose. The dams today pose serious problems for the public and for riparian owners along the dammed streams, problems stemming from either operation of the dams or failure to maintain them properly. The dams are operated to further the business purposes for which they were built, sometimes resulting in water levels or flows detrimental to game fish in the streams and to shoreline recreational property. When the old dams cease to be economical to operate, as often has happened, the …
A Reexamination Of Passamaquoddy V. Morton,
2025
University of Maine School of Law
A Reexamination Of Passamaquoddy V. Morton, John M.R. Paterson, David Roseman
Maine Law Review
In December 1975, the United States Court of Appeals for the First Circuit issued its historic decision in Joint Tribal Council of the Passamaquoddy Tribe v. Morton. That decision set in motion a sequence of events that only the most prescient of the original participants could have imagined. At its height the litigation that grew out of Passamaquoddy involved a threatened suit by the United States Justice Department on behalf of two Indian groups in Maine against the State of Maine, several of the nation's largest corporations, 350,000 residents, and scores of Maine municipalities. The plaintiffs sought possession of 12,000,000 …
Judicial Enforcement Of The Federal Restraints On Alienation Of Indian Land: The Origins Of The Eastern Land Claims,
2025
University of Maine School of Law
Judicial Enforcement Of The Federal Restraints On Alienation Of Indian Land: The Origins Of The Eastern Land Claims, Robert N. Clinton, Margaret Tobey Hotopp
Maine Law Review
The land claims of the Passamaquoddy, Penobscot, Oneida, Mashpee, Narragansett, and other eastern Indian tribes have recently drawn attention to the federal statute governing alienation of tribal lands upon which the claims are based—25 U.S.C. § 177. This provision conclusively established, at least in theory, the exclusive authority of the federal government to extinguish aboriginal title to land. The actual practice was quite different, however, because some of the original thirteen states, accustomed to some degree of power under the Articles of Confederation in the field of controlling tribal Indian title, did not immediately acknowledge the complete federal preemption of …
A Survey Of Eastern Indian Land Claims: 1970-1979,
2025
University of Maine School of Law
A Survey Of Eastern Indian Land Claims: 1970-1979, Tim Vollmann
Maine Law Review
The eastern Indian land claims are a remarkable phenomenon of jurisprudence. Unmomentous at the time of their filing, the claims have given rise to litigation attracting nation-wide attention, judicial precedent directly affecting several dozen communities on the east coast, and debates in Congress raising political and constitutional questions that go to the heart of this nation's policy toward Indian tribes. From a broad perspective, this essay surveys the eastern land claims cases and highlights some of the resulting significant legal and political developments.
The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses,
2025
University of Maine School of Law
The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu
Maine Law Review
Municipal governments in almost all parts of the country are frequently inclined to exercise their police, spending, and policymaking powers in an impermissibly exclusionary manner. Their objective in many instances is simply to keep population growth and local property taxes down. In Maine these tendencies are very much in evidence. This misuse of local governmental powers is almost totally predicated on a misconception of the status of local governments and the purposes for which they exist. Local governments are not sovereign. They are not independent units of government. They are subunits of state government, creatures of the state analogous to …
Securing Solar Access In Maine,
2025
University of Maine School of Law
Securing Solar Access In Maine, Martha Freeman
Maine Law Review
This Comment explores the common law property concepts of nuisance, water law, and easements which arise by operation of law in order to determine the kind and degree of solar access protection they can provide Maine residential users of solar energy. The final section of this Comment proposes an express solar easement by which Maine citizens can create their own enforceable interests in unobstructed sunlight for solar energy use. In highly urbanized areas where space is scarce and already developed, the conflicts between solar energy users and other land and airspace users may be too difficult to resolve. In Maine, …
A Response To Professor Delogu: Is Impermissible Exclusion A Reality In Maine?,
2025
University of Maine School of Law
A Response To Professor Delogu: Is Impermissible Exclusion A Reality In Maine?, Madge Baker
Maine Law Review
A basic premise of Professor Orlando Delogu's article, The Misuse of Land Use Control Powers Must End: Suggestions for Legislative and Judicial Responses, is that many Maine municipalities are using their land use regulatory powers in impermissibly exclusionary ways. Professor Delogu proposes that the legislature and courts of Maine should respond to correct the situation. This Commentary will attempt to illustrate that Professor Delogu has failed to document his premise or to define accurately the difference between permissible and impermissible exclusion. He is unable, therefore, to substantiate the need for state intervention in an area of law traditionally delegated to …
A Final Note On The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses,
2025
University of Maine School of Law
A Final Note On The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu
Maine Law Review
The Baker criticism of my article is flawed in several major respects. First, while tacitly accepting the basic premise of the article that impermissible exclusion may be achieved by local misuse of a wide variety of facially permissible land use control tools, Ms. Baker argues that merely because the article did not demonstrate a sufficient degree of misuse in Maine, the corrective measures suggested are unwarranted. But a full reading of the article makes clear that no such exhaustive indictment of Maine towns was intended. The article was not an empirical study. The article intended to point out a widening …
Coastal Recreation: Legal Methods For Securing Public Rights In The Seashore,
2025
University of Maine School of Law
Coastal Recreation: Legal Methods For Securing Public Rights In The Seashore, Jeffrey D. Curtis
Maine Law Review
The coastal shores of the United States are a peculiar form of property in that both the littoral landowner and the general public have legally protected interests in the use and enjoyment of the land. In most coastal states the title to the land below the high-water mark is vested in the state in trust for the beneficial use of the public, subject to certain limited rights of the littoral owner. Maine and Massachusetts, however, share a unique allocation of public and private interests which vests the title to the foreshore, the land between the high and low water marks, …
The Dilemma Of Local Land Use Control: Power Without Responsibility,
2025
University of Maine School of Law
The Dilemma Of Local Land Use Control: Power Without Responsibility, Orlando E. Delogu
Maine Law Review
Land use planning and control has traditionally been perceived as a set of issues best dealt with by local government. State governments historically have been called upon to provide nothing more than a suitable framework of planning and land use control enabling legislation. In recent years some states have sought to address land use issues having regional or statewide impact. This has usually been done on an intra-state basis, however, and meaningful interstate or multi-state approaches to land use problems, though much discussed in the literature, are almost non-existent in practice. Federal involvement in land use issues has also been …
Stars, Stripes, And Pills: The Stock Narratives That Blind,
2025
Stanford Law School
Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson
West Virginia Law Review
No abstract provided.
Hillbilly Resurrection: A Response To Reviving Rural America,
2025
West Virginia University College of Law
Hillbilly Resurrection: A Response To Reviving Rural America, Jesse J. Richardson Jr.
West Virginia Law Review
No abstract provided.
Beyond The Suburban Ideal: Addressing Southern California’S Strained Affordable Housing Market Through Density Bonus Programs,
2025
Pepperdine University
Beyond The Suburban Ideal: Addressing Southern California’S Strained Affordable Housing Market Through Density Bonus Programs, Alissa Larue
School of Public Policy Capstones
This study examines how expanding Accessory Dwelling Units (ADUs) could serve as an effective policy solution to address the housing affordability crisis. In San Diego, a Bonus Program has been implemented to incentivize the construction of affordable ADUs by relaxing burdensome regulations. A Differences-in-Differences approach using two-way fixed effects is employed to evaluate the program's effectiveness in promoting ADU development, using city-level data from San Diego and Los Angeles counties. ADU permit applications serve as a key indicator of policy impact. The findings strongly suggest that the Bonus Program influenced increasing ADU permit applications in San Diego. Because the model …
Climate Resilient Development Concepts And Local Realities: Challenges Surrounding International Initiatives, Local Jurisdictions, And The Implications Of Geographic Scale,
2025
Elisabeth Haub School of Law at Pace University
Climate Resilient Development Concepts And Local Realities: Challenges Surrounding International Initiatives, Local Jurisdictions, And The Implications Of Geographic Scale, Joe Budd
Dissertations & Theses
Climate-based discussions have been occurring for decades and have almost always become political lightning rods. Recently, the Intergovernmental Panel on Climate Change expanded on previous dialogue related to infrastructure and development, articulating a new concept called Climate Resilient Development or “CRD.” However, CRD remains a somewhat elusive and undefined proposal, and often requires historical context or further research to fully conceptualize in a local setting. In Wyoming, the complex mixture of jurisdictions and legal rules guiding local governments are difficult to untangle and rarely contemplated in the aggregate. Wyoming counties still operate under a form of Dillon’s Rule, while municipalities …
The Modern-Day Discovery Doctrine: Reforming Property Law's "Productive Use" Doctrine For The Age Of Climate Change,
2025
University of Michigan Law School
The Modern-Day Discovery Doctrine: Reforming Property Law's "Productive Use" Doctrine For The Age Of Climate Change, Shanthi M. Chackalackal
Michigan Journal of Environmental & Administrative Law
When European settlers first colonized the Americas, claiming Native land as their own, they largely believed their actions to be justified. To Europeans, property rights over land emanated from putting one's labor into that land, "improving" it by removing it from a state of nature. Absent such ''productive use," land had not been claimed and was therefore ripe for the taking. Yet while Native Americans had labored significantly and fundamentally shaped the land around them, European settlers deemed the Americas to be in a state of nature. Such attitudes towards Native American labor and property rights reveal a strikingly limited …
Environmental Geography And Law: Toward A Synthesis,
2025
UC Davis
Environmental Geography And Law: Toward A Synthesis, Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Börk, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja
Articles
This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places where the climate, ecosystems, history and political economy influence both the land and the law. These places drive and constrain the way law develops. In turn, the law shapes places, from the dispossession and forced migration of indigenous groups, to land development via railroad land grants, to patterns of resource extraction and infrastructure development. Past efforts to integrate law and geography have focused more on critical …
Upaya Hukum Bagi Pembeli Akibat Penerbitan Sertipikat Pengganti Dalam Pengikatan Jual Beli (Studi Putusan Nomor 646/Pid.B/2023/Pn. Mtr.),
2025
Mahasiswa Magister Kenotariatan, Fakultas Hukum, Universitas Indonesia
Upaya Hukum Bagi Pembeli Akibat Penerbitan Sertipikat Pengganti Dalam Pengikatan Jual Beli (Studi Putusan Nomor 646/Pid.B/2023/Pn. Mtr.), Alda Anabela Adelina
Indonesian Notary
Penelitian ini meneliti tentang penerbitan sertipikat pengganti setelah akta Pengikatan Jual Beli dibuat oleh Notaris. Penerbitan sertipikat pengganti tersebut dilakukan dengan alasan hilang dengan menyerahkan surat keterangan dari kepolisian. Hal tersebut mengakibatkan terdapat 2 (dua) dokumen fisik yakni sertipikat tanah dengan nomor yang sama. Hal tersebut berakibat kerugian terhadap pihak pembeli yang menguasai fisik sertipikat pertama karena dengan penerbitan sertipikat pengganti membatalkan sertipikat terdahulu. Kasus tersebut yang terjadi dalam Putusan Nomor 646/Pid.B/2023/PN.Mtr. Penelitian ini menganalisis kedudukan akta Pengikatan Jual Beli yang kemudian terdapat penerbitan sertipikat pengganti berdasarkan Putusan Nomor 646/Pid.B/2023/PN.Mtr. dan menganalisis upaya hukum yang bisa dilakukan pembeli untuk memperjuangkan …
Keabsahan Perjanjian Perkawinan Yang Dicatatkan Debitor Setelah Dinyatakan Pailit Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor 69/Puu-Xiii/2015 (Studi Putusan-Putusan Pengadilan),
2025
Kantor Notaris & PPAT Ny. Rina Ariesandy, S.H.,M.Kn.
Keabsahan Perjanjian Perkawinan Yang Dicatatkan Debitor Setelah Dinyatakan Pailit Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor 69/Puu-Xiii/2015 (Studi Putusan-Putusan Pengadilan), Nadira Ratunanda Wirjono
Indonesian Notary
Penelitian ini mengkaji keabsahan perjanjian perkawinan yang dicatatkan debitor setelah dinyatakan pailit berdasarkan analisis dari beberapa putusan-putusan pengadilan. Fokus utama penelitian ini adalah analisis perubahan regulasi pencatatan perjanjian perkawinan pasca berlakunya Putusan Mahkamah Konstitusi Nomor 69 Tahun 2015, serta kekuatan mengikatnya perjanjian perkawinan yang dibuat sebelum debitor dinyatakan pailit namun belum dicatatkan terhadap kreditur yang mengajukan permohonan pailit. Untuk itu, penelitian ini menggunakan pendekatan doktrinal, dimana analisis dilakukan terhadap putusan Mahkamah Agung Nomor 894 K/Pdt.Sus-Pailit/2019, putusan Mahkamah Agung Nomor 461 K/Pdt.Sus-Pailit/2019, dan putusan Mahkamah Agung Nomor 562 K/Pdt.Sus-Pailit/2021 dalam bentuk penelitian studi pustaka yang menggunakan data-data sekunder, yakni dari berbagai …
