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.
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
Journal Articles
No abstract provided.
Book Review Of American Property: A History Of How, Why, And What We Own, By Stuart Banner,
2012
Allard School of Law at the University of British Columbia
Book Review Of American Property: A History Of How, Why, And What We Own, By Stuart Banner, Douglas C. Harris
All Faculty Publications
Property Law is about things, but only secondarily. It is primarily about relationships between people as they pertain to things. As a result, although we commonly identify material and immaterial things as private, common, or state property, property law deals with the subset of human relationships that determines rights and responsibilities with respect to things. The institution of property law — the rules that define this subset of human relationships — arises in the context of scarcity. When things are scarce and accordingly hold exchange value, humans construct ideas of ownership. We have been doing so for millennia, or at …
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.
Neoliberal Land Conservation And Social Justice,
2012
University of Miami School of Law
Neoliberal Land Conservation And Social Justice, Jessica Owley
Journal Articles
No abstract provided.
The People Paradox,
2012
Notre Dame Law School
The People Paradox, Nicole Stelle Garnett
Journal Articles
U.S. land-use regulators are increasingly embracing mixed-land-use “urban” neighborhoods, rather than single-land-use “suburban” ones, as a planning ideal. This shift away from traditional regulatory practice reflects a growing endorsement of Jane Jacobs’s influential argument that mixed-land-use urban neighborhoods are safer and more socially cohesive than single-land-use suburban ones. Proponents of regulatory reforms encouraging greater mixing of residential and commercial land uses, however, completely disregard a sizable empirical literature suggesting that commercial land use generates, rather than suppress, crime and disorder, and that suburban communities have higher levels of social capital than urban communities. This Article constructs a case for mixed-land-use …
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.
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 …
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 …
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, …
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 …
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.
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.
Historic Preservation And Its Cultured Despisers: Reflections On The Contemporary Role Of Preservation Law In Urban Development,
2012
Georgetown University Law Center
Historic Preservation And Its Cultured Despisers: Reflections On The Contemporary Role Of Preservation Law In Urban Development, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
The past years have seen widely noticed critiques of historic preservation by “one of our leading urban economists,” Edward Glaeser, and by star architect Rem Koolhaas. Glaeser, an academic economist specializing in urban development, admits that preservation has value. But he argues in his invigorating book, Triumph of the City, and in a contemporaneous article, Preservation Follies, that historic preservation restricts too much development, raises prices, and undermines the vitality of the cities. Koolhaas is a Pritzker Prize-winning architect and oracular theorist of the relation between architecture and culture. In his New York exhibit, Cronocaos, he argued …
The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time,
2012
Georgetown University Law Center
The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Sea-level rise will require many new initiatives in land use regulation to adapt to unprecedented climate conditions. Such government actions will prompt regulatory and other takings claims, and also will be shaped by apprehension of such claims. This article analyzes the categories of land use regulations and other government initiatives likely to be enacted to adapt to sea-level rise and anticipates the takings claims that may be brought against them. In addition to hard and soft coastal armoring, the article considers regulations intended to force or induce development to retreat from rising waters. Retreat regulations present difficult takings problems, because …
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 …
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.
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.
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.
