December 23, 2011
According to The New York Times there's a shortage of misteltoe this year (blame the drought in Texas), and not enough snow to ski, but I'm full of the holiday spirit just the same. I hope all of you and yours have a safe, joyful, yummy, gratitude-filled celebration. We look forward to blogging for you in the New Year!
Jamie Baker Roskie
December 22, 2011
Levine Powers on State and Local Regulation of Fracking
Yes, more about "fracking", that is, oil and gas extraction through hydraulic fracturing. Erica Levine Powers (SUNY-Albany-Geography and Planning) has published Home Rule Meets State Regulation: Reflections on High-Volume Hydraulic Fracturing for Natural Gas, ABA St. & Loc. L. News (Vol. 35, No. 2, p.1). Here's the opening:
Hydraulic fracturing, or “fracking,” like all mining, is both a local matter impacting community development and environmental quality and a state matter impacting national energy security and regional economic development. Along with the discovery of new sources of natural gas—and methods for its recovery—have come increasing battles over local control and state interests. States have taken diverse positions on fracking, and, building on the experiences of other states, New York is the latest to wrestle with the issue. In the process, New York is defining the roles of local and state government by including an explicit role for local government in environmental review, by public input in the state review process, and through ongoing litigation that will define the rights of New York’s home-rule municipalities to regulate fracking.
December 21, 2011
Call for Papers: ABA J. of Affordable Housing and Community Development Law
As the new Editor-in-Chief of the ABA's Journal of Affordable Housing and Community Development Law, I am taking full advantage of my Land Use Prof Blog posting privileges to let you all know about our submission cycles for the Journal. Here's the call:
The Journal of Affordable Housing & Community Development Law, the legal publication of the American Bar Association’s Forum on Affordable Housing and Community Development Law, is currently seeking submissions from students, professors, and practitioners. The Journal publishes full-length articles, book reviews, and shorter commentaries on a wide range of affordable housing and community and economic development issues.
The Journal has extended the deadlines for the Fall 2011 issue (Vol. 21:1) until January 9, 2012 and the Winter 2012 issue (Vol. 21:2) until March 5, 2012. Double-spaced manuscripts should be e-mailed to Jim Kelly, Editor-in-Chief, at J.Kelly@nd.edu and Wendy Smith, Managing Editor, at email@example.com.
N.B. The writers' guidelines for the Journal can be found here.
December 20, 2011
Davidson on a Hamiltonian Vernacular as a Social Function of Property
Nestor M. Davidson (Fordham) has posted Sketches for a Hamiltonian Vernacular as a Social Function of Property, Fordham Law Review, Vol. 80 (2011). The abstract:
This symposium article examines the intersection between Léon Duguit’s concept of the social function of property, predicated on an affirmative duty on owners to put their property to productive use for the sake of social solidarity, and a tradition in the property law of the United States that similarly reflected this kind of pro-development norm. The article associates the impulse to associate ownership with a productivity oriented social function with certain Hamiltonian themes at the founding and in the early nineteenth-century salus populi tradition, and argues that the imperative remains a background norm in the United States that contrasts with classical liberal absolutism and certain strains of civic republican property norms.
Absolutely fascinating-- an original insight that makes an important contribution to our understanding of early republic property theory and its implications for property law today.