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 …
Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism,
2012
University of Idaho
Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism, Jerrold A. Long
Articles
No abstract provided.
Foreword: 40th Anniversary Of The Quiet Revolution In Zoning And Land Use Regulation, 45 J. Marshall L. Rev. Iii (2012),
2012
John Marshall Law School
Foreword: 40th Anniversary Of The Quiet Revolution In Zoning And Land Use Regulation, 45 J. Marshall L. Rev. Iii (2012), Celeste M. Hammond
UIC Law Review
No abstract provided.
The New Progressive Property And The Low-Income Housing Conflict,
2012
University of Kentucky
The New Progressive Property And The Low-Income Housing Conflict, Zachary A. Bray
Law Faculty Scholarly Articles
The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …
The Quiet Revolution And Federalism: Into The Future,
2012
Touro Law Center
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
Scholarly Works
This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization,
2012
University of New Mexico
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations,
2012
University of New Mexico-Main Campus
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.
The Effect Of Rluipa's Land Use Provisions On Local Government,
2012
Cleveland State University
The Effect Of Rluipa's Land Use Provisions On Local Government, Alan C. Weinstein
Law Faculty Articles and Essays
In the absence of perfect information about how RLUIPA has affected local governments, this article argues that the courts have adopted a pragmatic approach to maneuvering in the difficult terrain that RLUIPA occupies: combining appropriate judicial deference to a legislature that enacts a neutral law of general applicability with the heightened judicial scrutiny that becomes appropriate when that same law is applied to a specific zoning approval, a circumstance that frequently allows for subjectivity, and thus the potential for discrimination or arbitrariness against religious uses, in the approval process. I conclude that: (1) until proven otherwise, the costs RLUIPA undoubtedly …
