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 …
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 Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions,
2012
University of Colorado Law School
The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler
University of Colorado Law Review
Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use …
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 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 …
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.
The Ohio Supreme Court's Perverse Stance On Development Impact Fees And What To Do About It,
2012
Cleveland State University
The Ohio Supreme Court's Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
Cleveland State Law Review
Ohio is among the twenty-two states that have no enabling legislation for development impact fees. But in a 2000 ruling, Homebuilders Association of Dayton and the Miami Valley v. City of Beavercreek, a divided Ohio Supreme Court ruled that municipalities could lawfully enact impact fees under their police and “home rule” powers, provided that the fees could pass constitutional muster under a “dual rational nexus test.” On May 31, 2012, however, the court ruled in Drees Company v. Hamilton Township, that a development impact fee enacted by an Ohio township with “limited home rule” powers was an unconstitutional tax. The …
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.
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 …
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 …
