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5,270 full-text articles. Page 143 of 156.

Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman 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, Mark Fenster 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, Michael Lewyn 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, Kathleen Kerner 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, Ryan Harrigan 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, Colin W. Maguire 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, Douglas Spoerl 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, Colin W. Maguire 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, Whitney G. Stohr 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?, Margaret Sova McCabe 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, Anjali Rajasekhar 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, Caitlin Biggins 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), John S. Banta 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, Veronique Jarrell-King 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, Alan C. Weinstein, Richard D. McCleary 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, John R. Nolon 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, Barbara Cosens 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, Jerrold A. Long 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 …


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