Rights-Weakening Federalism, 2018 Duke Law School
Rights-Weakening Federalism, Shitong Qiao
Faculty Scholarship
This article examines whether federalism protects land rights in China from two dimensions. I first compare national law with local institutions of eminent domain, revealing that local governments take much more land than the national government approves, frequently violating, tweaking, and challenging national law. I next examine the impact of interjurisdictional competition on the development of local land institutions, demonstrating that local governments are weakening individual land rights for the benefits of mobile capital. Overall, Chinese federalism weakens rather than strengthens individual land rights and should be called rights-weakening federalism.
This China case also has general theoretical implications. Leading property …
Federalism, Convergence, And Divergence In Constitutional Property, 2018 University of Pittsburgh School of Law
Federalism, Convergence, And Divergence In Constitutional Property, Gerald S. Dickinson
Articles
Federal law exerts a gravitational force on state actors, resulting in widespread conformity to federal law and doctrine at the state level. This has been well recognized in the literature, but scholars have paid little attention to this phenomenon in the context of constitutional property. Traditionally, state takings jurisprudence—in both eminent domain and regulatory takings—has strongly gravitated towards the Supreme Court’s takings doctrine. This long history of federal-state convergence, however, was disrupted by the Court’s controversial public use decision in Kelo v. City of New London. In the wake of Kelo, states resisted the Court’s validation of the …
Essay: Cooperative Federalism And Federal Takings After The Trump Administration's Border Wall Executive Order, 2018 University of Pittsburgh School of Law
Essay: Cooperative Federalism And Federal Takings After The Trump Administration's Border Wall Executive Order, Gerald S. Dickinson
Articles
The Trump Administration’s (arguably) most polemic immigration policy — Executive Order No. 13,767 mandating the construction of an international border wall along the southwest border of the United States — offers a timely and instructive opportunity to revisit the elusive question of the federal eminent domain power and the historical practice of cooperative federalism. From federal efforts to restrict admission and entry of foreign nationals and aliens (the so-called “travel ban”) to conditioning federal grants on sanctuary city compliance with federal immigration enforcement, state and local governments (mostly liberal and Democratic enclaves) today have become combative by resisting a federal …
Moral Rights: The Anti-Rebellion Graffiti Heritage Of 5pointz, 2018 New York Law School
Moral Rights: The Anti-Rebellion Graffiti Heritage Of 5pointz, Richard H. Chused
Articles & Chapters
No abstract provided.
Whose Lands? Which Public?: The Shape Of Public-Lands Law And Trump's National Monument Proclamations, 2018 Duke Law School
Whose Lands? Which Public?: The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah Britton-Purdy
Faculty Scholarship
President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke existing monuments under the Antiquities Act, which creates the national monument system, is a new question of law for a 112-year-old statute that has been used by Presidents from Theodore Roosevelt to Barack Obama to protect roughly fifteen million acres of federal land and hundreds of millions of marine acres. …
The Use Of Property Law Tools For Soil Protection, 2018 University at Buffalo School of Law
The Use Of Property Law Tools For Soil Protection, Jessica Owley
Contributions to Books
Published in International Yearbook of Soil Law and Policy 2017, Harald Ginzky, Elizabeth Dooley, Irene L. Heuser, Emmanuel Kasimbazi, Till Markus & Tianbao Qin, eds.
Open Access This book is licensed under the terms of the Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
The images or other third party material in this book are included in the book’s Creative …
The Effect Of Localized Density On Housing Prices In Singapore, 2018 Singapore Management University
The Effect Of Localized Density On Housing Prices In Singapore, Eric Fesselmeyer, Kiat Ying Sky Seah, Jonathan Ci Yi Kwok
Research Collection College of Integrative Studies
This paper measures how localized residential density impacts housing prices in Singapore. Using exogenous variation in residential density, we find that an increase in density causes non-trivial decreases in property values: a 10% increase in density decreases price per square foot by between 1.3% and 2%. To the best of our knowledge, ours is the first paper to measure this effect.Further, we find that the negative effect of density is biggest in magnitude for low density apartment projects and the magnitude is decreasing in the density of the project, and that the negative effect of density is increasing in magnitude …
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, 2018 Touro Law Center
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
Scholarly Works
Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current "pledge and review" paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …
Explaining Market Urbanism, 2018 Touro Law Center
Explaining Market Urbanism, Michael Lewyn
Scholarly Works
Compares Market Urbanism to New Urbanism and Landscape Urbanism
Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, 2018 University of Miami School of Law
Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley
Articles
This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and landuse implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana …
Historic Preservation Law In A Nutshell (2d Ed.), 2017 University of Connecticut
Historic Preservation Law In A Nutshell (2d Ed.), Sara C. Bronin, Ryan M. Rowberry
Ryan Rowberry
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, 2017 University of San Francisco, School of Law
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, 2017 University of San Francisco, School of Law
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias
Tim Iglesias
Super Problems In Superstar Cities, 2017 Touro Law Center
Super Problems In Superstar Cities, Michael Lewyn, Beth Gazes
Michael E Lewyn
2018 July-December Market Urbanism Blog Posts, 2017 Touro Law Center
2018 July-December Market Urbanism Blog Posts, Michael Lewyn
Michael E Lewyn
Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, 2017 Chapman University School of Law
Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, Donald J. Kochan
Donald J. Kochan
Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, 2017 Chapman University School of Law
Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan
Donald J. Kochan
Herr V. U.S. Forest Service, 2017 Alexander Blewett III School of Law at the University of Montana
Herr V. U.S. Forest Service, Peter B. Taylor
Public Land & Resources Law Review
In Herr v. U. S. Forest Service, the Sixth Circuit ruled on whether the Forest Service could infringe on pre-existing private property rights held adjacent to a designated Wilderness Area. The Herrs purchased lakefront property adjacent to the Sylvania Wilderness in the Upper Peninsula of Michigan with the intention of using their littoral rights for recreational boating. The Sylvania Wilderness was created under the Michigan Wilderness Act in 1987, but the Act observed valid existing rights. The court found that the Herrs’ littoral rights were recognizable “valid existing rights.” Therefore, the Forest Service’s restriction of those rights was illegal.
Comments On The World Bank’S Draft Guidance Note For Borrowers Ess5: Land Acquisition, Restrictions On Land Use And Involuntary Resettlement, 2017 Columbia Law School
Comments On The World Bank’S Draft Guidance Note For Borrowers Ess5: Land Acquisition, Restrictions On Land Use And Involuntary Resettlement, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In December 2017, CCSI sent comments to the World Bank regarding its Draft Guidance Note for Borrowers ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement.
CCSI’s overarching comments on the Guidance Note were that:
- Its description of affected persons and their rights contradicts and undermines international consensus on land governance supported by the Bank
- It fails to provide any guidance on when involuntary resettlement should be considered unavoidable or how Borrowers can prioritize project designs that actually minimize displacement or other harms
- It fails to put rights-holders (or “affected stakeholders”) at the center of solutions
- Its discussion of …
At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, 2017 Columbia Law School, Columbia Center on Sustainable Development
At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
This Article explores how host governments’ legal obligations can affect or constrain their ability to address “land grievances,” which are defined as concerns raised by local individuals or communities in response to negative impacts of land-based investments. Obligations under international investment law, international human rights law, and investor-state contracts can be in tension or can directly conflict with one another, creating complexity for governments seeking to respond to land grievances. To explore the legal considerations that governments must navigate in this context, this Article considers several options that governments could pursue to respond to land grievances. In all of the …