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.
The Imposing Specter Of Municipal Liability For Exclusive Promotion Of Green Building Certification Systems,
2012
Thomas Cooley Law School
The Imposing Specter Of Municipal Liability For Exclusive Promotion Of Green Building Certification Systems, Colin W. Maguire
University of Baltimore Journal of Land and Development
No abstract provided.
Land Aesthetics V. Wireless Channel Access: The Case For Local Authority To Regulate The Visible, But Not The Wireless, Interface Of Antennas,
2012
University of Baltimore School of Law
Land Aesthetics V. Wireless Channel Access: The Case For Local Authority To Regulate The Visible, But Not The Wireless, Interface Of Antennas, Douglas Spoerl
University of Baltimore Journal of Land and Development
No abstract provided.
The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council,
2012
Thomas Cooley Law School
The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council, Colin W. Maguire
University of Baltimore Journal of Land and Development
No abstract provided.
Trophic Cascades And Private Property: The Challenges Of A Regulatory Balancing Act And Lessons The Uk Can Learn From The Reintroduction Of The American Gray Wolf,
2012
Friends of Alexandria Archaeology
Trophic Cascades And Private Property: The Challenges Of A Regulatory Balancing Act And Lessons The Uk Can Learn From The Reintroduction Of The American Gray Wolf, Whitney G. Stohr
University of Baltimore Journal of Land and Development
No abstract provided.
Superweeds And Suspect Seeds: Does The Genetically-Engineered Crop Deregulation Process Put American Agriculture At Risk?,
2012
University of New Hampshire School of Law
Superweeds And Suspect Seeds: Does The Genetically-Engineered Crop Deregulation Process Put American Agriculture At Risk?, Margaret Sova Mccabe
University of Baltimore Journal of Land and Development
No abstract provided.
The Occupy Movement: The Public-Private "Tug" Of Land,
2012
University of Baltimore School of Law
The Occupy Movement: The Public-Private "Tug" Of Land, Anjali Rajasekhar
University of Baltimore Journal of Land and Development
No abstract provided.
Strictly Liable Landlords Could Mean The Pound For Pit Bulls,
2012
University of Baltimore School of Law
Strictly Liable Landlords Could Mean The Pound For Pit Bulls, Caitlin Biggins
University of Baltimore Journal of Land and Development
No abstract provided.
The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012),
2012
UIC School of Law
The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta
UIC Law Review
No abstract provided.
Wildlife, Water Quality, And The Public Trust Doctrine: A Means Of Enforcing Agricultural Nonpoint Source Pollution Management Plans,
2012
Villanova University Charles Widger School of Law
Wildlife, Water Quality, And The Public Trust Doctrine: A Means Of Enforcing Agricultural Nonpoint Source Pollution Management Plans, Veronique Jarrell-King
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence,
2012
Cleveland State University
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard D. Mccleary
Law Faculty Articles and Essays
In the decade since the U.S. Supreme Court’s decision in Alameda Books v. City of Los Angeles, 535 U.S. 425 (2002), the adult entertainment industry has attacked the legal rationale local governments rely upon as the justification for their regulation of adult businesses: that such businesses are associated with so-called negative secondary effects. These attacks have taken a variety of forms, including: trying to subject the studies of secondary effects relied upon by local governments to the Daubert standard for admission of scientific evidence in federal litigation; producing studies that purport to show no association between adult businesses and negative …
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation,
2012
Elisabeth Haub School of Law at Pace University
Land Use For Energy Conservation And Sustainable Development: A New Path Toward Climate Change Mitigation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Land use tools and techniques have impressive potential to reduce energy consumption, improve the economy, and mitigate climate change. This article explores the little understood influence of local land use decision-making on energy conservation and sustainable development and how it can mitigate climate change if properly assisted by the federal and state governments. The construction and use of buildings combined with extensive vehicular travel throughout the nation’s human settlements consume large amounts of energy, and much of that consumption is highly inefficient. By enforcing and enhancing energy codes, encouraging the use of combined heat and power and district energy systems, …
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin,
2012
University of Idaho College of Law
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens
Articles
The 1964 Columbia River Treaty entered by the United States and Canada for mutual benefits in flood control and hydropower generation is under review in anticipation of expiration of certain flood control provisions in 2024. This Article asserts that nonstructural measures should be the primary focus of new expenditure on flood risk management in the Columbia River Basin over the next sixty-year period of treaty implementation to align flood risk management with management for ecosystem resilience. Resilience is the measure of the capacity of a system to maintain important functions, structures, identity, and feedback through adaptation in the face of …
Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice,
2012
University of Idaho
Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long
Articles
An important part of our institutional and cultural history is our understanding of a system of property interests. The most common trajectory of land-use regulation appears consistent with a property rights meta-narrative that informs multiple academic disciplines and levels of human interaction. This meta-narrative suggests that all land-use decisions begin with an assumption about the nature and extent of property rights held by potentially affected landowners, and that the ultimate end of any land-use regime is to "protect" those assumed property rights from unwarranted or unjustified intrusion by government. Because the law is a distinct linguistic environment in which word …
