Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)),
2018
Florida State University College of Law
Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
A Comparative Analysis Of The Criminal Environmental Laws Of The Fifty States: The Need For Statutory Uniformity As A Catalyst For Effective Enforcement Of Existing And Proposed Laws,
2018
Florida State University College of Law
A Comparative Analysis Of The Criminal Environmental Laws Of The Fifty States: The Need For Statutory Uniformity As A Catalyst For Effective Enforcement Of Existing And Proposed Laws, John Decicco, Edward Bonanno
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida,
2018
Florida State University College of Law
Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan,
2018
Florida State University College of Law
Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby
Florida State University Journal of Land Use and Environmental Law
This Article discusses water supply problems in Florida, specifically addressing water supply and local and regional planning laws. First, background is provided on Florida's current water situation, including Florida's state and local growth management plans. Additionally, the Article analyzes the role of the water management districts in Florida. The Article examines two factors contributing to Florida's water supply problems: pollution and population growth. Finally, the Article concludes with recommendations to alleviate these water problems, including leadership and coordination in planning, emphasis of regional planning components, further research of the local supply first policy, promotion of conservation, and finally, encouragement of …
Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions,
2018
Florida State University College of Law
Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Development Agreement And Its Use In Resolving Large Scale, Multi-Party Development Problems: A Look At The Tool And Suggestions For Its Application,
2018
Florida State University College of Law
The Development Agreement And Its Use In Resolving Large Scale, Multi-Party Development Problems: A Look At The Tool And Suggestions For Its Application, Robert M. Kessler
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Environmental Protection Through Constitutional Amendment,
2018
University of Florida College of Law
Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks,
2018
Florida State University College of Law
Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Government Subsidy Of Coastal Barrier Development,
2018
Florida State University College of Law
Government Subsidy Of Coastal Barrier Development, Mike Donovan
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Warren S. Henderson Wetlands Protection Act Of 1984: A Primer,
2018
Florida State University College of Law
The Warren S. Henderson Wetlands Protection Act Of 1984: A Primer, Mary F. Smallwood, Silvia Morell Alderman, Martin R. Dix
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Local Government Plan Consistency And Citizen Standing: Renard In The Chicken Coop?,
2018
Florida State University College of Law
Local Government Plan Consistency And Citizen Standing: Renard In The Chicken Coop?, Terrell K. Arline, David M. Layman, Carl Coffin
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida's Development Of Regional Impact Process, Practice, And Procedure,
2018
Florida State University College of Law
Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith
Florida State University Journal of Land Use and Environmental Law
This Article sets forth and analyzes the Development of Regional Impact (DRI) Process and suggests changes which should be made to improve the process under the Florida Environmental Land and Water Management Act. The Article discusses how to determine whether a project is a DRI subject to regulation under chapter 380, Florida Statutes. The Article also discusses various DRI review procedures, including regular DRI review, coordinated review process, master development approval, substantial deviations, and area-wide development plans. The Article explains the appeals process under chapter 380, including standing, procedure and scope of review. The Article concludes that if the DRI …
Punitive Preemption And The First Amendment,
2018
University of San Diego
Punitive Preemption And The First Amendment, Rachel Proctor May
San Diego Law Review
In recent years, state legislators have begun passing a new breed of “punitive” preemption laws–those that impose fines, civil and criminal sanctions, and other sanctions on local governments and their officials as a consequence of passing laws or enacting policies that are inconsistent with state laws. This represents a significant change from traditional preemption, under which a local government could enact laws based on its view of preempting state statutes and applicable state constitutional provisions and, if necessary, defend its interpretation in court. When punitive preemption prevents a local lawmaking process from taking place, the state forecloses a unique form …
Appeal No. 0952: Patrick Hunkler, V. Division Of Oil & Gas Resources Management,
2018
Case Western Reserve University School of Law
Appeal No. 0952: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-13 (Surratt Unit) (Chesapeake Exploration, LLC)
Appeal No. 0954: Patrick Hunkler, V. Division Of Oil & Gas Resources Management,
2018
Case Western Reserve University School of Law
Appeal No. 0954: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-42 (Keller Unit) (Chesapeake Exploration, LLC)
Appeal No. 0953: George Jr. & Karen L. Dudich, V. Division Of Oil & Gas Resources Management,
2018
Case Western Reserve University School of Law
Appeal No. 0953: George Jr. & Karen L. Dudich, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-13 (Surratt Unit; Chesapeake Exploration, LLC)
Appeal No. 0963: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management,
2018
Case Western Reserve University School of Law
Appeal No. 0963: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-124
Commitment Through Fear: Mandatory Jury Trials And Substantive Due Process Violations In The Civil Commitment Of Sex Offenders In Illinois,
2018
Chicago-Kent College of Law
Commitment Through Fear: Mandatory Jury Trials And Substantive Due Process Violations In The Civil Commitment Of Sex Offenders In Illinois, Michael Zolfo
Chicago-Kent Law Review
In Illinois, a person deemed a Sexually Violent Person (“SVP”) in a civil trial can be detained indefinitely in treatment facilities that functionally serve as prisons. SVPs are not afforded the right to waive a jury trial, a right that criminal defendants enjoy. This results in SVPs facing juries that treat sex offenders as monsters or sub-humans, due to often sensationalistic media coverage and the use of sex offenders as boogeymen in political campaigns. The lack of a jury trial waiver results in more individuals being deemed SVPs, depriving many of their liberty without the due process of law, a …
Cohabitation In Illinois: The Need For Legislative Intervention,
2018
Chicago-Kent College of Law
Cohabitation In Illinois: The Need For Legislative Intervention, Stefanie L. Ferrari
Chicago-Kent Law Review
No abstract provided.
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument,
2018
Notre Dame Law School
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders
Notre Dame Law Review
In Part I, this Note will examine a brief history of the proposed federal Blaine Amendment, and the subsequent adoption of many State Blaines across the nation. Next, in Part II, the Note will discuss why the State Blaines are frequently debated, specifically in the context of the issue of school choice. The Note will then examine two of the main arguments against the constitutionality of State Blaines—the animus arguments and the First Amendment arguments—and will examine the strengths and weaknesses of each argument. In Part III, the Note will discuss the culmination of recent caselaw in the Trinity Lutheran …
