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Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen 2015 Environmental Council of the States

Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen

Pace Environmental Law Review

This article focuses on the role that states play in environmental regulation. Specifically, this article offers examples of the central part in the evolution of United States environmental regulation states played in the past, continue to play today, and will play in the future. First, this article explores the history of state environmental regulation, demonstrating that despite a lack of resources, states were actively engaged in environmental regulation before the advent of the modern era of federal environmental regulation in the 1970s. This article relates not only the regulatory efforts of states, but also the practical benefits of state regulation. …


Perspectives - William Morrish, Professor Of Urban Ecologies At Parsons The New School For Design, James Hagy 2015 New York Law School

Perspectives - William Morrish, Professor Of Urban Ecologies At Parsons The New School For Design, James Hagy

Rooftops Project

How can arts organizations with an aspiration to build their own facilities connect project design both with the broader community and with financial sustainability? The Rooftops Project’s Zulaihat Nauzo and Professor James Hagy talk with William Morrish, Professor of Urban Ecologies at Parsons The New School for Design.


Mens Rea, Criminal Responsibility, And The Death Of Freddie Gray, Michael Serota 2015 University of California, Berkeley, School of Law

Mens Rea, Criminal Responsibility, And The Death Of Freddie Gray, Michael Serota

Michigan Law Review First Impressions

Who (if anyone) is criminally responsible for the death of Freddie Gray, the 25-year-old African-American man who died from injuries suffered while in the custody of Baltimore police? This question has been at the forefront of the extensive coverage of Gray’s death, which has inspired a national discussion about law enforcement’s relationship with black communities. But it is also a question that may never be fairly resolved for reasons wholly unrelated to the topic of community policing, with which Gray’s death has become synonymous. What may ultimately hamper the administration of justice in the prosecution of the police officers involved …


Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar 2015 Yale Law School

Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar

Indiana Law Journal

Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning as …


Constitutional Law—Fourth Amendment—State V. Allen: An Effective Alternative To Unconstitutional "Safety Checks" On The State’S Waters, Christian Harrod 2015 University of Arkansas Little Rock

Constitutional Law—Fourth Amendment—State V. Allen: An Effective Alternative To Unconstitutional "Safety Checks" On The State’S Waters, Christian Harrod

University of Arkansas at Little Rock Law Review

No abstract provided.


An Opening For Quid Pro Quo Corruption? Issue Advertising In Wisconsin Judicial Races Before And After Citizens United, Christopher Terry, Mitchell T. Bard 2015 University of Arkansas Little Rock

An Opening For Quid Pro Quo Corruption? Issue Advertising In Wisconsin Judicial Races Before And After Citizens United, Christopher Terry, Mitchell T. Bard

The Journal of Appellate Practice and Process

No abstract provided.


Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger 2015 South Texas College of Law

Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger

Indiana Law Journal

The Supreme Court has developed a standard account of the Erie doctrine. The Court has directed different analyses of Erie cases depending upon whether the federal law in question is in the form of a federal rule (or statute) or is instead a judge-made law. But the cases applying the doctrine are difficult to explain using the standard account. Although the Court and commentators have noted that Erie is a type of preemption, they provide little, if any, rigorous analysis of Erie in light of preemption doctrines. This Article attempts to fill that void, offering an extended analysis of Erie …


Firing Back: State V. Huckelba Takes Aim At Precedent, Impacting The Gun Rights Of North Carolina Citizens, Thomas C. Wolff 2015 North Carolina Central University School of Law

Firing Back: State V. Huckelba Takes Aim At Precedent, Impacting The Gun Rights Of North Carolina Citizens, Thomas C. Wolff

North Carolina Central Law Review

No abstract provided.


The Eminent Domain Path Out Of A Public Pension Crisis, Adam Riff 2015 Benjamin N. Cardozo School of Law

The Eminent Domain Path Out Of A Public Pension Crisis, Adam Riff

Cardozo Law Review

No abstract provided.


Sign Regulation After Reed: Suggestions For Coping With Legal Uncertainty, Alan C. Weinstein 2015 Cleveland-Marshall College of Law, Cleveland State University

Sign Regulation After Reed: Suggestions For Coping With Legal Uncertainty, Alan C. Weinstein

Law Faculty Articles and Essays

This article discusses Reed v. Town of Gilbert, in which the Court resolved a Circuit split over what constitutes content based sign regulations. We note that Justice Thomas's majority opinion applies a mechanical "need to read" approach to this question, and then explore the doctrinal and practical concerns raised by this approach. Doctrinally, we explore the tensions between Thomas's "need to read" approach and the Court's current approach of treating some regulation of speech as content-neutral despite the fact that a message must be read to determine its regulatory treatment. A prime example being the Court's "secondary effects" doctrine. …


The Fallacy Of Judicial Supermajority Clauses In State Constitutions, Sandra B. Zellmer, Kathleen Miller 2015 Alexander Blewett III School of Law at the University of Montana

The Fallacy Of Judicial Supermajority Clauses In State Constitutions, Sandra B. Zellmer, Kathleen Miller

Faculty Law Review Articles

No abstract provided.


Reinventing The Core U.S. Technology Through The Push Of New Regulation Leveraging Market Pull, Steven Ferrey 2015 Suffolk University Law School

Reinventing The Core U.S. Technology Through The Push Of New Regulation Leveraging Market Pull, Steven Ferrey

Suffolk University Law School Faculty Works

Unilateral Presidential executive action is now used to implement new law and regulation, without participation of the Congress pursuant to Article I of the Constitution. Such actions create a visible and controversial legal confrontation regarding separation of powers. Certain unilateral executive action examined in this article is forcing technological and environmental change which is fundamentally transforming society. This article critically analyzes the revolutionary maelstrom forged by the interface of unilateral executive regulatory orders, law, and the ‘invisible hand’ of market dynamics on climate change.

After 800 years of Greenhouse Gas concentration levels hovering in the atmosphere between 175-250 part per …


Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management And R.E. Gas Development, Llc, Ohio Oil & Gas Commission 2015 Case Western Reserve University School of Law

Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management And R.E. Gas Development, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-544 (R.E. Gas Development, LLC; Grunder North Unit)


Sign Regulation After Reed: Suggestions For Coping With Legal Uncertainty, Alan Weinstein, Brian Connolly 2015 Cleveland State University

Sign Regulation After Reed: Suggestions For Coping With Legal Uncertainty, Alan Weinstein, Brian Connolly

All Maxine Goodman Levin School of Urban Affairs Publications

This article discusses Reed v. Town of Gilbert, in which the Court resolved a Circuit split over what constitutes content based sign regulations. We note that Justice Thomas's majority opinion applies a mechanical "need to read" approach to this question, and then explore the doctrinal and practical concerns raised by this approach. Doctrinally, we explore the tensions between Thomas's "need to read" approach and the Court's current approach of treating some regulation of speech as content-neutral despite the fact that a message must be read to determine its regulatory treatment. A prime example being the Court's "secondary effects" doctrine. Practically, …


Have We Legalized Corruption? The Impacts Of Expanding Municipal Authority Without Safeguards In Toronto And Ontario, Stanley M. Makuch, Matthew Schuman 2015 Osgoode Hall Law School of York University

Have We Legalized Corruption? The Impacts Of Expanding Municipal Authority Without Safeguards In Toronto And Ontario, Stanley M. Makuch, Matthew Schuman

Osgoode Hall Law Journal

This article discusses the importance of rule of law values such as predictability, certainty, equality, and procedural safeguards in controlling corruption at the municipal level of government and how those values are being replaced by political and economic values such as efficiency, discretion, responsiveness, and need. Particular attention is placed on how this change in values may lead to corruption and abuse of power in planning and other decisions made by municipal governments.


Lessons From Institutional Shareholder Services: Governing Benefit Corporations' Third-Party Standard, Tammi S. Etheridge 2015 United States District Court, Southern District of West Virginia

Lessons From Institutional Shareholder Services: Governing Benefit Corporations' Third-Party Standard, Tammi S. Etheridge

Michigan Business & Entrepreneurial Law Review

Almost one hundred years ago, Henry Ford, as CEO of the Ford Motor Company, announced a plan to cease payment of special dividends to shareholders. Instead, the company would reinvest its profits to employ more workers and build more factories. Investing in new workers and factories would cut the cost of cars and make them affordable to more people. Ford publicly declared that his “ambition [was] to employ still more men, to spread the benefits of this industrial system to the greatest possible number, to help them build up their lives and their homes. To do this we are putting …


Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2015 Case Western Reserve University School of Law

Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-120; Chapman #1 Well


Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2015 Case Western Reserve University School of Law

Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)


Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2015 Case Western Reserve University School of Law

Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)


Koontz V. St. Johns River Water Management District: Can Environmental Impact Analysis Preserve Sustainable Development From The New Reach Of The Supreme Court's Exactions Jurisprudence?, Patrick F. Carroll 2015 Pace University School of Law

Koontz V. St. Johns River Water Management District: Can Environmental Impact Analysis Preserve Sustainable Development From The New Reach Of The Supreme Court's Exactions Jurisprudence?, Patrick F. Carroll

Pace Environmental Law Review

The United States Supreme Court has raised the legal standard for a municipality to use land use exactions for sustainable development. Land use exactions frequent local government affairs and occur when a government demands a dedication of land or money in exchange for a municipal approval, such as a permit. Koontz v. St. Johns River Water Management District found certain proposed government exactions for land use permits as “demands” on the applicant and required a “‘nexus' and ‘rough proportionality’ between the property that the government demands and the social costs of the applicant's proposal,” regardless of whether the exaction was …


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