Government "Green" Requirements And "Leedigation",
2012
Touro Law Center
Government "Green" Requirements And "Leedigation", Patricia E. Salkin, Graham Grady, Nicole Mueller, Susan Herendeen
Scholarly Works
No abstract provided.
Sustainability As A Means Of Improving Environmental Justice,
2012
Touro Law Center
Sustainability As A Means Of Improving Environmental Justice, Patricia E. Salkin, John C. Dernbach, Donald A. Brown
Scholarly Works
This article explains why environmental justice provides much of the foundation for sustainable development, and shows how sustainability can improve our ability to achieve environmental justice. The article first explains a basic but often unrecognized truth about environmental policy: environmental pollution and degradation, sooner or later, harms humans. Both sustainable development and environmental justice respond to this problem, though in somewhat different ways. Sustainable development, however, suggests a broader set of tools to address this problem than are often employed for environmental justice. The article shows how four broad approaches — more and better sustainability options, law for sustainability, visionary …
A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver,
2012
Allard School of Law at the University of British Columbia
A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris
All Faculty Publications
The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …
Neoliberal Land Conservation And Social Justice,
2012
University of Miami School of Law
Neoliberal Land Conservation And Social Justice, Jessica Owley
Articles
No abstract provided.
Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program,
2012
University of Miami School of Law
Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki
Articles
No abstract provided.
Crisis Management: Principles That Should Guide The Disposition Of Federally Owned, Foreclosed Properties,
2012
Georgia State University College of Law
Crisis Management: Principles That Should Guide The Disposition Of Federally Owned, Foreclosed Properties, Raymond Brescia, Elizabeth A. Kelly, John Travis Marshall
Faculty Publications By Year
Residential home values in the United States have fallen considerably from their highs in the mid-2000s. This has had profound effects on consumer wealth and spending, creating a significant drag on the U.S. economy. What is worse, this loss in values corresponded with a steep rise in unemployment, which started in late 2007, and has yet to fall considerably. The loss in home values has wreaked havoc on household finances, and bank ledgers, as the outstanding principles of the mortgages those banks hold and service all too often exceed the current value of the homes against which they are secured. …
The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012),
2012
UIC School of Law
The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman
UIC Law Review
No abstract provided.
The Quiet Revolution And Federalism: Into The Future, 45 J. Marshall L. Rev. 253 (2012),
2012
UIC School of Law
The Quiet Revolution And Federalism: Into The Future, 45 J. Marshall L. Rev. 253 (2012), Patricia E. Salkin
UIC Law Review
No abstract provided.
Implementing State Growth Management Programs: Alternatives And Recommendations, 45 J. Marshall L. Rev. 307 (2012),
2012
UIC School of Law
Implementing State Growth Management Programs: Alternatives And Recommendations, 45 J. Marshall L. Rev. 307 (2012), Daniel R. Mandelker
UIC Law Review
No abstract provided.
It All Began In Hawai'i, 45 J. Marshall L. Rev. 317 (2012),
2012
UIC School of Law
It All Began In Hawai'i, 45 J. Marshall L. Rev. 317 (2012), David L. Callies
UIC Law Review
No abstract provided.
The Quiet Revolution Goes West: The Oregon Planning Program 1961-2011, 45 J. Marshall L. Rev. 357 (2012),
2012
UIC School of Law
The Quiet Revolution Goes West: The Oregon Planning Program 1961-2011, 45 J. Marshall L. Rev. 357 (2012), Edward J. Sullivan
UIC Law Review
No abstract provided.
A History And New Turns In Florida's Growth Management Reform, 45 J. Marshall L. Rev. 397 (2012),
2012
UIC School of Law
A History And New Turns In Florida's Growth Management Reform, 45 J. Marshall L. Rev. 397 (2012), Nancy Stroud
UIC Law Review
No abstract provided.
The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later,
2012
University of Kentucky College of Law
The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore
Law Faculty Scholarly Articles
Fifty years ago, Jesse Dukeminier, Jr. and Clyde Stapleton published a case study of the practice of law before the Lexington-Fayette Urban County (LFUC) Board of Adjustment. This Article presents a new empirical study of the LFUC Board of Adjustment. Specifically, the study covers the eighteen month period from the Board’s July 2007 meeting through its December 2008 meeting. This Article discusses how the practice has changed and improved in the years since the Dukeminier-Stapleton study and the problems and difficulties that still remain.
The Article begins by describing the current procedure before the LFUC Board of Adjustment and how …
Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism,
2012
Louisiana State University Law Center
Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism, Christopher J. Tyson
Journal Articles
No abstract provided.
Cases And Materials On American Property Law, 6th Edition,
2012
University of Richmond
Cases And Materials On American Property Law, 6th Edition, Carol N. Brown
Law Faculty Publications
This casebook continues its traditional approach to the teaching of property law. The new edition features a number of new cases inserted into almost every chapter of the book. The notes and comments have been appropriately updated. The opening chapter continues to include a section of cases designed to hone a student's skill in close case analysis. The book in its entirety introduces students to a broad spectrum of material traditionally covered in a first-year property course.
0793: Thomas J. Buffington Copy Of Savage Land Grant Survey, 1816,
2012
Marshall University
0793: Thomas J. Buffington Copy Of Savage Land Grant Survey, 1816, Marshall University Special Collections
Guides to Manuscript Collections
This collection consists of a handwritten manuscript copy by Thomas J. Buffington of the plots distributed by the Savage Land Grant as resurveyed by Tupper, including plot descriptions. The manuscript is sewn as a pamphlet binding and the end pages include sums and other miscellaneous notes.
Honey, It’S All The Buzz: Regulating Neighborhood Beehives,
2012
Touro Law Center
Honey, It’S All The Buzz: Regulating Neighborhood Beehives, Patricia E. Salkin
Scholarly Works
Beekeeping’s popularity has surged in recent years, perhaps culminating in the introduction of the first ever White House bee hive. Local Apiaries provide a wide variety of benefits to communities, ranging from pollination services for gardens to producing honey that can be used in a wide array of foods and products. Apiaries are not always welcome in a community, however, perhaps because of their potential to cause a nuisance, or to harm crops or people. Although beekeeping regulation implicates both state and federal concerns a number of localities have developed unique and practical regulations that promote backyard beekeeping, while maximizing …
Land Use Regulation: It Just Gets Worse,
2012
Touro Law Center
Land Use Regulation: It Just Gets Worse, Michael Lewyn
Scholarly Works
Some commentators treat suburban sprawl (by which I mean automobile-dependent land development) as the result of the free market at work. This article reviews City Rules, by urban planning professor Emily Talen. In this book, Talen shows not only how zoning and similar land use regulations generate automobile-dependent suburban sprawl, but also how these regulations have become stricter, more pro-sprawl, and more complex over time. Talen proposes to reform these regulations through municipal codes that promote more walkable, less automobile-dependent development.
Managing Climate Change Through Biological Sequestration: Open Space Law Redux,
2012
Elisabeth Haub School of Law at Pace University
Managing Climate Change Through Biological Sequestration: Open Space Law Redux, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Climate change management involves strategies that mitigate its causes and adapt human communities to its consequences. This article describes a legal strategy that does both: a national biological sequestration policy. This policy will increase the amount of carbon dioxide emissions that biological sequestration currently removes from the atmosphere and will enable human settlements to adapt to the harsh effects of a changing climate, while realizing a number of other objectives that preserved open space preservation achieves. The article sketches the influences of international and national climate change law, which largely ignore the benefits of biological sequestration on privately owned land …
Cities, Property, And Positive Externalities,
2012
University of Connecticut School of Law
Cities, Property, And Positive Externalities, Peter Siegelman, Gideon Parchomovsky
Faculty Articles and Papers
Cities are the locales of numerous interactions that generate externalities-both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.
In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities-additional customers-to neighboring stores. Anchors capture …
