The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas,
2012
Pepperdine University
The Practical Effects Of Delegation: Agencies And The Zoning Of Public Lands And Seas, Josh Eagle
Pepperdine Law Review
Legislative efforts to delegate zoning power to public land and ocean management agencies have generally proven unsuccessful. When given the power to create uniform-use areas such as parks and wilderness areas within their broader jurisdictions, agencies either have opted not to exercise it or have been extremely hesitant to do so. The tepid administrative response to zoning is not surprising. Zoning decisions are politically charged, are likely to offend powerful, concentrated interest groups, and erode the discretion that is the core of agency power. These aspects of zoning decisions explain why, by contrast, all states require that municipal zoning ordinances …
Why Land Tenure Reform Is The Key To Political Stability In Tonga,
2012
University of Washington School of Law
Why Land Tenure Reform Is The Key To Political Stability In Tonga, Kersti Harter Kennedy
Washington International Law Journal
The Kingdom of Tonga, a South Pacific country, erupted in violent pro-democracy riots in late 2006 after decades of political unease. Tonga’s people are divided into two main classes: the nobles and the commoners. These two classes have long differed in political and land rights in a hierarchy that is typical of chiefdoms such as Tonga. Tonga’s government has attempted to deal with the sometimes violent, commoner-led pro-democracy movement by amending its Constitution to allow commoners to vote for more of the members of the Legislative Assembly. The resulting government and the noblemen have not, however, shown a commitment to …
Gas Tax Agreements In Indian Country,
2012
Seattle University School of Law
Gas Tax Agreements In Indian Country, Jonathan White
American Indian Law Journal
No abstract provided.
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?,
2012
Seattle University School of Law
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott
American Indian Law Journal
No abstract provided.
The Public Nature Of Indian Reservation Roads,
2012
Seattle University School of Law
The Public Nature Of Indian Reservation Roads, M. Brent Leonard
American Indian Law Journal
No abstract provided.
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members,
2012
Seattle University School of Law
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith
American Indian Law Journal
No abstract provided.
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction,
2012
Seattle University School of Law
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens
American Indian Law Journal
No abstract provided.
Exactions For The Future,
2012
Texas A&M University School of Law
Exactions For The Future, Timothy M. Mulvaney
Faculty Scholarship
New development commonly contributes to projected infrastructural demands caused by multiple parties or amplifies the impacts of anticipated natural hazards. At times, these impacts only can be addressed through coordinated actions over a lengthy period. In theory, the ability of local governments to attach conditions, or “exactions,” to discretionary land use permits can serve as one tool to accomplish this end. Unlike traditional exactions that regularly respond to demonstrably measurable, immediate development harms, these “exactions for the future” — exactions responsive to cumulative anticipated future harms — admittedly can present land assembly concerns and involve inherently uncertain long-range government forecasting. …
Resolving Conflicts Over Climate Change Solutions: Making The Case For Mediation ,
2012
Pepperdine University
Resolving Conflicts Over Climate Change Solutions: Making The Case For Mediation , Alana Knaster
Pepperdine Dispute Resolution Law Journal
This article explores the role that mediation can play in resolving the conflicts that are emerging in the climate change arena. Case studies describing mediation of disputes over air quality standards, timber harvesting, species protection, and ecosystems restoration, which resulted in consensus agreements among multiple, diverse stakeholder groups, demonstrate its applicability to the climate change arena. Mediation is not suited to every dispute or set of disputants. However, an analysis of the opportunities and constraints for addressing climate change disputes at the state, regional, and local levels suggests that mediated negotiations is well suited for resolving a number of the …
Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California,
2012
Pepperdine University
Getting The Green Light For Senate Bill 375: Public Engagement For Climate-Friendly Land Use In California, Greg Greenway
Pepperdine Dispute Resolution Law Journal
Signed into law in September 2008, California's Senate Bill 375 (SB 375) is the first statewide legislation in the nation to link transportation and land use planning to climate change. The law is lengthy and complex, but the central concept is simple: locate homes closer to jobs, services, and transit so that Californians drive less frequently, travel shorter distances, and reduce their greenhouse gas (GHG) emissions. This article examines the approach to public participation outlined in SB 375, and argues that a critical success factor is the design and execution of strategies by local governments to engage citizens in the …
South Pasadena: A Dialogue On Dialogue,
2012
Pepperdine University
South Pasadena: A Dialogue On Dialogue, Steve Zikman
Pepperdine Dispute Resolution Law Journal
In the last half century, South Pasadena has fought many land use related battles-from efforts to stop the extension of the 710 freeway (710) through the heart of the city, to the recent ballot measure (Measure SP) that sought to overturn the City Council's approval of the new Downtown Revitalization Plan. The pattern of engagement continues to be one of "us versus them," with locals assuming extremely polarized positions, escalating the level of mistrust and demonization, and further dividing the city's civic and social fabric. Mediators are typically called in to help stakeholders resolve specific land use conflicts. However, there …
Foreword ,
2012
Pepperdine University
Foreword , Steve Zikman
Pepperdine Dispute Resolution Law Journal
Taking It Upstream: Collaboration, Consensus Building & Sustainable Development-A Green Leadership (Un)conference was held at Pepperdine University's Graziadio Conference Center on September 25, 2009. In the spirit of collaboration, the symposium marked the first event jointly sponsored by the Straus Institute for Dispute Resolution and the Geoffrey H. Palmer Center for Entrepreneurship & the Law. The two journals have created special symposium editions comprised of papers authored by a number of the panelists, reflecting important trends in the evolution of conflict management and dispute resolution in the areas of multi-party environmental, land use, and public policy matters.
Cityland – Vol. 9, No. 1,
2012
New York Law School
Cityland – Vol. 9, No. 1, Center For New York City Law
CityLand - 2012
This issue of CityLand covers significant land use and zoning developments in New York City as of February 15, 2012. The City Council approved the designation of the Borough Hall Skyscraper Historic District in Downtown Brooklyn, despite opposition from property owners concerned about economic impacts. The Westchester Square BID re-entered its objection period due to notice delivery issues, and six BIDs across the city received budget increases. The City Planning Commission approved Rudin Management’s redevelopment plan for the former St. Vincent’s Hospital site and certified NYU’s long-term campus expansion proposal in Greenwich Village. A public alternative fueling station was approved …
Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise,
2012
William & Mary Law School
Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman
William & Mary Environmental Law and Policy Review
No abstract provided.
Failed Exactions,
2012
University of Florida Levin College of Law
Failed Exactions, Mark Fenster
UF Law Faculty Publications
This symposium essay considers the doctrinal quandary created by 'failed exactions' - regulatory conditions on property development that government agencies contemplate but that are never finalized or enforced, usually because the property owner rejects them. A narrow but conceptually challenging issue to the relationship between the unconstitutional conditions doctrine and regulatory takings law, failed exactions could prove profoundly unsettling to current land use practices. A decade ago, the issue of whether failed exactions deserve heightened scrutiny prompted Justice Scalia to issue a dissent from a denial of petition for certiorari in which he stated, somewhat tentatively, that an extortionate demand …
University Of Baltimore Journal Of Land And Development Volume 2 Number 1 (Fall 2012) Front Matter,
2012
University of Baltimore Law
University Of Baltimore Journal Of Land And Development Volume 2 Number 1 (Fall 2012) Front Matter
University of Baltimore Journal of Land and Development
No abstract provided.
University Of Baltimore Journal Of Land And Development Volume 1 Number 2 (Spring 2012) Front Matter,
2012
University of Baltimore Law
University Of Baltimore Journal Of Land And Development Volume 1 Number 2 (Spring 2012) Front Matter
University of Baltimore Journal of Land and Development
No abstract provided.
Land Use Regulation: It Just Gets Worse,
2012
Touro Law
Land Use Regulation: It Just Gets Worse, Michael Lewyn
University of Baltimore Journal of Land and Development
No abstract provided.
Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods,
2012
University of Baltimore School of Law
Fracturing The Environment?: Exploring Potential Problems Posed By Horizontal Drilling Methods, Kathleen Kerner
University of Baltimore Journal of Land and Development
No abstract provided.
Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse,
2012
University of Baltimore School of Law
Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan
University of Baltimore Journal of Land and Development
No abstract provided.
