Land Use Law Update: The 2015 Mid-Year Roundup,
2015
Touro University Jacob D. Fuchsberg Law Center
Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen
Scholarly Works
This update summarizes New York cases related to land use and zoning that were decided in the first half of 2015.
Is An Apartment A Nuisance?,
2015
Touro Law Center
Is An Apartment A Nuisance?, Michael Lewyn
Scholarly Works
In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.
Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary,
2015
The University Of Michigan
Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary, William Leaf, Michael Lewyn
Scholarly Works
Proposes creating a new kind of zone called an "internally buffered district." Within these zones, intensive land uses like stores and apartments are allowed, so long as the latter uses are physically separated from nearby residential districts. The article suggests that developers compensate homeowners for rezoning their property to the internally buffered classification, thus allowing for both more compact development and more protection of homeowners' interests.
Further Developments In Land Use Ethics,
2015
Touro University Jacob D. Fuchsberg Law Center
Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey
Scholarly Works
Ethical considerations continue to play a fundamental role in shaping the course of land use and developmental regulatory proceedings throughout the country. From an innocuous donation by one public official to his alma mater, to the outright bribery of a former mayor, the past year has been rife with a range of conduct implicating professional responsibility and land use.
A Response To The Ipcc Fifth Assessment,
2015
University of Miami School of Law
A Response To The Ipcc Fifth Assessment, Jessica Owley, Sarah J. Adams-Schoen, Deepa Badrinarayana,, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs
Articles
No abstract provided.
Adapting Conservation Easements To Climate Change,
2015
University of Wisconsin-Madison
Adapting Conservation Easements To Climate Change, Adena R. Rissman, Jessica Owley, M. Rebecca Shaw, Barton (Buzz) Thompson
Articles
No abstract provided.
Billy Joel: The Chronicler Of The Suburbanization In New York,
2015
Touro College Jacob D. Fuchsberg Law Center
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Touro Law Review
Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking,
2015
Wayne State University
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking,
2015
Wayne State University
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Belk V. Commissioner: Land Substitutions In Conservation Easements,
2015
Loyola Marymount University and Loyola Law School
Belk V. Commissioner: Land Substitutions In Conservation Easements, Morgan Davis
Loyola of Los Angeles Law Review
No abstract provided.
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct,
2015
Columbia Law School, Columbia Center on Sustainable Development
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …
Is Using The Public Trust Doctrine To Protect Public Parkland From Visual Pollution Justifiable Doctrinal Creep?,
2015
Georgetown University Law Center
Is Using The Public Trust Doctrine To Protect Public Parkland From Visual Pollution Justifiable Doctrinal Creep?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This Article asks whether the public trust doctrine should be applied to stop the construction of a multistory commercial building that will tower over the tree line of Palisades Interstate Park. The building, which received a variance from a local New Jersey zoning commission, will ruin views of the Park, particularly from scenic overlooks across the Hudson River in New York, like the Metropolitan Museum’s Cloisters and the George Washington Bridge. To make this argument, the author draws on the work of renowned public trust scholars, Professors Joseph Sax and Carol Rose, among others. Based on the doctrine’s adaptability to …
Private Regimes In The Public Sphere: Optimizing The Benefits Of Common Interest Communities,
2015
New York Law School
Private Regimes In The Public Sphere: Optimizing The Benefits Of Common Interest Communities, Gerald Korngold
Articles & Chapters
No abstract provided.
Front Matter,
2015
University of New Mexico
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning,
2015
Touro University Jacob D. Fuchsberg Law Center
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
Scholarly Works
Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate change) and appears unlikely to do so anytime soon. Despite this, the first half of 2015 has seen a number of actions in the other two branches of the federal government with significant implications for local hazard mitigation planning, zoning, and development. Of particular note, and as discussed in more detail below, the President issued an Executive Order and the Federal Emergency Management Agency (FEMA) …
The Role Of The Dean In Ensuring A Sustainable Law School: Everything Comes Down To What I Learned In Land Use Planning And Sustainable Development Law,
2015
Touro University Jacob D. Fuchsberg Law Center
The Role Of The Dean In Ensuring A Sustainable Law School: Everything Comes Down To What I Learned In Land Use Planning And Sustainable Development Law, Patricia E. Salkin
Scholarly Works
This article offers advice for anyone preparing to interview for a deanship - go back to what you are passionate about to really express how you might approach serving as a law dean. In this case, the passion centers on the subject of land use planning and sustainable development law. When interviewing for the position of dean of a law school, Academics who rise through the ranks to a deanship have a background in legal scholarship that often marries theory and practice. Faculty spend countless hours, even years, developing theories and concepts to advance the law in a particular discipline. …
Against The Neighborhood Veto,
2015
Touro Law Center
Against The Neighborhood Veto, Michael Lewyn
Scholarly Works
American zoning often gives neighborhoods elective veto power over nearby real estate development. This “neighborhood veto” sometimes artificially reduces housing supply and urban density, thus making housing more expensive and making American cities more dependent on automobiles. This article criticizes the common arguments that neighborhood activists use to restrict development.
American Dreams, American Realities,
2015
Touro Law Center
American Dreams, American Realities, Michael Lewyn
Scholarly Works
Review of Zoned In The USA, by Sonia Hirt.
The (Somewhat) False Hope Of Comprehensive Planning,
2015
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 Use Priorities And The Law Of Nuisance,
2015
Osgoode Hall Law School of York University
Land Use Priorities And The Law Of Nuisance, Dan Priel
Articles & Book Chapters
Rights-based approaches to tort law have been prominent in recent years in theoretical discussions of tort law. Much of this work has been either highly abstract or focused on a small number of torts like negligence or trespass. Allan Beever’s The Law of Private Nuisance attempts to extend this approach to the tort of private nuisance. Central to his account is the view that the law of nuisance is concerned with prioritising land uses, and that what the law calls ‘nuisance’ is really a case of one land use conflicting with another, higher-ranked one. This essay argues that despite claims …
