Thursday, May 28, 2015

What's in the new EPA Clean Water Rule?

As most folks probably know, EPA issued its final Clean Water Rule yesterday.  I found the following summary table from EPA helpful:



May 28, 2015 | Permalink | Comments (0)

Monday, May 25, 2015

New edition of ABA Journal of Affordable Housing & Community Development Law

Congrats to co-blogger Jim Kelly (Notre Dame), editor-in-chief of the ABA Journal of Affordable Housing & Community Development Law, on the latest edition.  Links to articles are below (ABA membership req'd).

  Volume 23 Number 3&4

In this Issue

From the Editor-in-Chief
Equity, in Every Sense
James J. Kelly, Jr.

From the Chair

Don’t Miss the Forum’s Annual Meeting in May
Sherrod Banks

 Tax Topics

Tax-Exempt Use Property and LIHTC Transactions: An Overview
J. William Callison

From the Reading Room

Saving the Neighborhood: Racially Restrictive Covenants, Law, and Social Norms
Review by A. Mechele Dickerson

Confronting Suburban Poverty in America
Review by Hed Ehrlich


Community Land Trusts: Why Now is the Time to Integrate this Housing Activists’ Tool into Local Government Affordable Housing Policies
Stephen R. Miller

Whither Workforce Housing?
Matthew J. Parlow

Limited Equity Cooperatives: The Non-Economic Value of Homeownership
Julie D. Lawton


May 25, 2015 | Permalink | Comments (0)

Two articles on the sharing economy

NYT has an article about how Uber is challenging that last bastion of the taxi industry:  airports.  Query whether Uber will soon be charging airport access fees, or if those charges typically added to taxi rates will go away.

WSJ has an article about how "everyone gets the sharing economy wrong."  Well, there are some exceptions to the rule, in my humble opinion.

May 25, 2015 | Permalink | Comments (0)

Saturday, May 23, 2015

The failure of economic development in Baltimore – and Milwaukee

There's a great article about the redevelopment histories of Baltimore and Milwaukee by Mark V. Levine in today's Milwaukee-Wisconsin Journal Sentinel.

May 23, 2015 | Permalink | Comments (0)

Friday, May 22, 2015

Shocking Allegations of Rough Justice at a P&Z Hearing in the Rural West: Environmental Activist Opposing Oil and Gas Project at Public Hearing Charged with Criminal Trespass and Spends Five Days in Isolation

Last week, an attorney here in Idaho alerted me to allegations currently against the Payette County, Idaho Planning & Zoning Commission that are so mind-boggling horrific that, well, I had to blog about them.

The allegations are as follows.  An environmental activist opposing the modification of a CUP for the construction of a natural gas facility spoke during the public comment period at a public hearing on the modification request.  In her comments, she alleged potential conflicts of interest of some of the commissioners.  Later, after public comment, commissioners accused the activist of "telling whoppers."  The activist requested a "point of order" asking for clarification, to which the chair of the commission called the sheriff.  All of this, of course, is run of the mill P&Z stuff.

When the sheriff arrived, though, things allegedly took a turn for the worse; he proceeded to arrest the activist for criminal a public hearing!  The allegations also state that the sheriff then held the activist for eight days in a county jail.  Five of those days in jail were in isolation where the activist was "given no access to a shower, no contact with her husband, no access to clean clothes, and was forced to use the toilet while a male prison guard watched her."  And let's keep in mind all of this arose out of public comment at a public hearing on a conditional use permit.    

If these allegations are  

There has been substantial media coverage of the Cliven Bundy-style of violence that is running through the rural west these days.  If the allegations from Payette County are true, they point to another, more insidious type of violence despoiling public discourse in these same rural small towns and preventing civil debate about their futures. 

I will continue to follow the case and give updates as it evolves.

For all of the details:  Download Notice of Tort Claim - Alma Hasse

May 22, 2015 | Permalink | Comments (1)

Cheever & Owley on Enhancing Conservation Options

Congratulations to fellow blogger, Jessica Owley, on the forthcoming publication of her new article in the Harvard Environmental Law Review.  The article, Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs), was written with Fred Cheever (Denver).  Here is the abstract:

The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, OPCEs can serve more complicated and strategic purposes. The ability of OPCEs to serve important roles in protecting land in the context of uncertainty would be significantly increased if state legislatures amend current conservation easement statutes to (1) specifically recognize OPCEs, (2) immunize OPCEs from a range of potential common law challenges, (3) guarantee the durability and transferability of OPCEs, and (4) integrate OPCEs into the burgeoning body of conservation easement law. These statutory amendments would do for OPCEs what conservation easement statutes have done for conservation easements: transform them into an essential multi-purpose tool for conservation in a changing world.

May 22, 2015 | Permalink | Comments (0)

Thursday, May 21, 2015

Planning for States and Nation-States in the U.S. and Europe

The Lincoln Institute of Land Policy has a new book out, Planning for States and Nation-States in the U.S. and Europe, that might be of interest.  Here are the abstract, editors' bios, and chapters:


Climate change, economic development, social justice, and community revitalization top the planning agenda in some European nations and U.S. states. The case studies in this volume follow the changes in international planning frameworks and the roles of national, state, regional, and local governments in Delaware, Maryland, New Jersey, and Oregon in the United States and in Denmark, France, Ireland, The Netherlands, and the United Kingdom in Europe. The book is based on a symposium by the Lincoln Institute of Land Policy; the School of Geography, Planning and Environmental Policy at University College, Dublin; and the National Center for Smart Growth Research and Education at the University of Maryland.

Gerrit-Jan Knaap is professor of urban studies and planning, director of the National Center for Smart Growth Research and Education, and associate dean for Research and Creative Activity at the University of Maryland’s School of Architecture, Planning, and Preservation. 

Zorica Nedović-Budić is professor of spatial planning in the School of Geography, Planning and Environmental Policy at University College Dublin, Ireland. 

Armando Carbonell is senior fellow and chair of the Department of Planning and Urban Form at the Lincoln Institute of Land Policy.


1 Land Use Regulation in the United States: An Intergovernmental Framework, Patricia E. Salkin
Commentary: Armando Carbonell

2 Land Use Planning in Oregon: The Quilt and the Struggle for Scale, Ethan Seltzer
Commentary: Richard Whitman

3 Will Climate Change Save Growth Management in California? William Fulton
Commentary: Mike McKeever

4 The New Jersey State Planning Experience: From Ambitious Vision to Implementation Quagmire to Goal Redefinition, Martin A. Bierbaum
Commentary: Frank J. Popper

5 Using Incentives to Combat Sprawl: Maryland’s Evolving Approach to Smart Growth, Gerrit-Jan Knaap
Commentary: Richard Hall

6 Delaware’s Quiet Emergence into Innovative State Planning, Rebecca Lewis
Commentary: Constance C. Holland

7 The European Union Context of National Planning, Andreas Faludi
Commentary: Brendan Williams

8 The National Spatial Strategy for The Netherlands, Barrie Needham
Commentary: Henriëtte Bersee

9 The Danish National Spatial Planning Framework: Fluctuating Capacities of Planning Policies and Institutions, Daniel Galland and Stig Enemark
Commentary: Jane Kragh Andersen

10 Planning Without a Spatial Development Perspective? The French Case, Anna Geppert
Commentary: Jean Peyrony

11 National Planning in the United Kingdom, Mark Tewdwr-Jones
Commentary: Leonora Rozee

12 The Irish National Spatial Strategy, Berna Grist
Commentary: Niall Cussen

May 21, 2015 | Permalink | Comments (0)

Wednesday, May 20, 2015

New study highlights worker conditions in the sharing economy

A San Francisco Chronicle article highlights a new Stanford study (payment required) on conditions of workers in the sharing economy.  Key findings:

On-demand worker survey:

Key findings of a survey of 1,330 on-demand workers:

Median wage: $18 per hour

Top draw of freelancing: schedule flexibility (75%)

Top reason for leaving: not enough pay (43%)

Insurance: 8% of passenger drivers and 16% of delivery drivers lack car insurance

Demographics: Respondents heavily male (72.7%), white (57%) young (67.5% age 18-34)



May 20, 2015 | Permalink | Comments (0)

Audubon honors Women Greening Journalism

A hearty congratulations to those being honored today by the Audubon Women in Conservation Program, and especially my good friend Erica Gies, as part of the "Women Greening Journalism" program.  Here are the profiles of the honorees:

Emily Atkin, ThinkProgress
Emily Atkin writes about the science and politics of climate change, weather, and the environment for ThinkProgress. Her coverage focuses on peer-reviewed science, with topics including the effects of our acidifying oceans, what the polar vortex really is and isn't, and the challenges scientists face while studying the effects of fracking. Emily also keeps a close watch on Congress to report on how lawmakers are (or aren't) tackling human-caused climate change. As deputy editor, Emily also helps manage the daily news flow for the climate section of ThinkProgress.

Josie Garthwaite, Discover
Josie Garthwaite is a journalist and editor based in San Francisco. Her writing on science, environment, and technology has appeared in publications including The Atlantic, Discover, National Geographic, The New York Times, Smithsonian, and Wired. Josie has reported on topics ranging from the rise of synthetic biology to the clash of conservation and energy interests in California's Monterey Shale. As a staff writer for GigaOm, she provided pioneering coverage of electric cars and on-demand mobility services. Josie holds a master's degree from Stanford University's Graduate Journalism Program and she co-founded the environmental reporting project Climate Confidential in early 2014.

Erica Gies, Freelance, The New York Times, Yale Environment 360
Erica Gies is an independent journalist who writes about the core requirements for life — water and energy — from Victoria, British Columbia, and San Francisco. Her work appears in The New York Times, Yale Environment 360, the Guardian, The Economist, National Geographic, Forbes, Ensia, and other outlets. She also covers climate policy, green business, urban planning, waste of many kinds, critters, and more. She is a member of the Society of Environmental Journalists and has also co-founded two environment news startups: This Week in Earth and Climate

Rona Kobell, Staff Reporter, Chesapeake Bay Journal
Rona Kobell is a reporter for the Chesapeake Bay Journal, a nonprofit newspaper covering science and policy in the District of Columbia and the six states surrounding the nation's largest estuary. She produces and co-hosts a monthly radio show that airs live on WYPR in Baltimore and is carried across Maryland. A former Baltimore Sun reporter, she was awarded the Knight-Wallace Fellowship at the University of Michigan in 2008. Her work has appeared in Grist, Slate, Modern Farmer, Yale Environment 360 and the Columbia Journalism Review. She lives near Baltimore with her husband, journalist Jesse Walker, and their two daughters.

Mary Catherine O'Connor, Independent Reporter
Mary Catherine O'Connor is a seasoned reporter whose beats include environmental issues, technology, and recreation. She has written for leading publications including Outside, The Guardian, Al Jazeera America, Smithsonian, Fast Company, and Wired. She has collected dispatches from climbers ascending Everest, interviewed some of the world's most accomplished athletes, technologists and entrepreneurs. Her story about the growing environmental threat posed by synthetic fibers shed from textiles was the second-most read story in The Guardian's sustainable business section last year. Also in 2014, O'Connor helped launch an ad-free, reader-supported experiment in journalism, called Climate Confidential.

Elizabeth Royte, Writer
Elizabeth Royte is the author of the critically acclaimed Garbage Land: On the Secret Trail of Trash; Bottlemania: How Water Went On Sale and Why We Bought It; and The Tapir's Morning Bath: Solving the Mysteries of the Tropical Rainforest. A former Alicia Patterson fellow and a recipient of the John Dewey Award for Distinguished Public Service, she contributes to Audubon, the New York Times Magazine, National Geographic, Harper's, Outside, and other magazines. Royte is also a contributing editor to the Food and Environment Reporting Network, OnEarth Magazine, and Smithsonian.

Kate Sheppard, Senior Reporter/Environmental and Energy Editor, The Huffington Post
Kate Sheppard is a senior reporter and the environment and energy editor at the Huffington Post. She previously reported for Mother Jones, Grist, and the American Prospect. Her writing has also been featured in the New York Times' Room for Debate blog, the Guardian, Foreign Policy, High Country News, The Center for Public Integrity, In These Times, and Bitch. Her reporting has been recognized with awards from the Society of Environmental Journalists, the Online News Association, and Planned Parenthood. She is the vice president for membership of the Society of Environmental Journalists.

Andrea Vittorio, Reporter, Bloomberg BNA
Andrea Vittorio is a staff reporter at Bloomberg BNA, where she covers the intersection of climate change and business. Andrea splits her time between following national and international actions on climate change, particularly in the areas of preparedness and resilience, and reading corporate sustainability reports and interviewing company executives. She has reported from Philadelphia, Kuala Lumpur and now Washington, D.C.

Amy Westervelt, Journalist, Slate
Amy Westervelt covers the environment, business, technology and health for The Guardian UK and The Wall Street Journal. Her work has also recently appeared in Fast Company, Smithsonian, and Aeon. As a co-founder of Climate Confidential, she helped get longform, investigative environmental journalism into a host of national publications, including The Atlantic, Quartz, Smithsonian, Modern Farmer and many more. In 2007, Amy was awarded the Folio Eddy for her feature on the potential of algae as a feedstock for biofuels. She lives in Truckee, Ca.

Katie Carpenter, 2015 Special Recognition Chair, Rachel Carson Awards Council
As a producer and writer of award-winning documentary films, Carpenter has traveled the globe covering endangered species and habitats, human origins, and climate change. Her films have appeared on PBS, Discovery Channel, Animal Planet, MSNBC, and National Geographic TV. She also serves as Project Director and Media Analyst for the Evidence-Based Science Communication Initiative at Yale Law School, evaluating films and other media about policy-relevant issues such as climate change and vaccines. She is the author of a book about dolphins and an ongoing series of feature articles about greening the Film/TV industry. She lives in New York City with her two adventurous daughters.

Lindsay Abrams, Staff Writer
Lindsay Abrams is a staff writer for Salon, where she heads up the Sustainability section. Her daily news reports, analyses and interviews cover topics including, but not limited to, climate change, conservation, public health, food and politics. She was previously an editorial fellowfor, focusing on health. Her work has appeared in Sierra Magazine, The Atlantic, and The New York Times.

Katherine Bagley, Reporter, InsideClimate News
Katherine Bagley is a reporter for InsideClimate News who covers the intersection of environmental science, politics and policy, with an emphasis on climate change. She is co-author of the InsideClimate News book Bloomberg's Hidden Legacy: Climate Change and the Future of New York City, published in November 2013 and winner of the Deadline Club's Award for Reporting by Independent Digital Media. Her writing has also been included in the anthology Best American Science and Nature Writing.

Sara Bernard, Multimedia Journalist
Sara Bernard is a freelance writer and radio reporter based in Seattle, WA. She's reported on environmental and social justice, energy, science, conservation, and culture for Grist, Bay Nature, Making Contact, KUOW, KQED, Alaska Public Media, Adirondack Life, and The Atlantic, among other outlets. Her multimedia investigation of the Kemper County Energy Facility in rural Mississippi — "The Cost of Clean Coal" — was published in February 2015 in Grist and featured on National Geographic Radio. Headshot photo credit: Daniel Penner /

Jeanne Blaisdell, The Green Samaritan
Jeanne Blaisdell is the founder and publisher of — an online resource that gathers and shares the best advice, resources, and tips to help those on their journey towards clean, green and healthy living and greater environmental awareness. By sharing a few thoughts on topics surrounding energy conservation, reuse, recycling, the natural world, and healthier food options, it is the intent this will spark a kinder action in everyday life. She has served as vice chair of past WIC luncheon events, on the Holy Trinity Episcopal Church Environmental Stewardship Commission and is currently on the Board of Directors for the Greensboro Science Center.

Jennifer Bogo, Popular Science
Jennifer Bogo is the executive editor at Popular Science, where she orchestrates coverage on topics ranging from medical breakthroughs and space exploration to advances in energy and robotics. Stories she edited have won a National Magazine Award and have been included in The Best American Science Writing and The Best American Science and Nature Writing anthologies. She's also traveled to research stations from the Arctic to the Antarctic to report and write stories herself. Jennifer frequently appears on television and radio programs to explain science and technology news. She has a deep interest in environmental issues, stemming from her degree in biology and environmental science, and she is currently vice-president of the Society of Environmental Journalists. Previously, she has been an editor at Popular Mechanics, Audubon, and at E/The Environmental Magazine.

Cally Carswell, Freelance Science and Environmental Writer
Cally Carswell is an independent science and environmental journalist based in Santa Fe, New Mexico, and a contributing editor at High Country News, where she writes on the intersection of climate science, ecology and land management, and environmental policy, and politics in the American West. Her work has appeared in Science Magazine, Modern Farmer and aired on Chicago Public Radio and the Australian Broadcasting Corporation. In 2014, her reporting on forests and climate change was recognized with major awards from the Society of Environmental Journalists and the National Association of Science Writers.

Rene Ebersole, Freelance writer, Features Editor, Audubon Magazine
Rene Ebersole writes magazine articles relating to science, the environment, health, travel, and food. As features editor at Audubon magazine, she manages a stable of talented writers who also contribute to such publications as The New Yorker, The New York Times, and National Geographic. Her book, Gorilla Mountain, a children's biography of gorilla biologist Amy Vedder was co-published by Joseph Henry Press and Scholastic. She has a bachelor's degree in ecology and environmental science, and she has worked as an adjunct professor at NYU's Masters Program in Science, Health, and Environmental Reporting Program, of which she is a graduate. She also guest lectures at other universities.

Lisa Friedman, Deputy Editor, ClimateWire
Lisa Friedman is the deputy editor of ClimateWire, helping to lead a team of 10 reporters covering the business and politics of climate change. She also covers international policy, including the global climate change negotiations and the intersection between climate, international security, and development. In pursuit of those stories she has gone to the bottom of a Chinese coal mine, sat with families in flood-ravaged villages of Bangladesh, and climbed the snow-capped Himalayan Mountains. Her stories have appeared in The New York Times, Scientific American and USA Today. Before joining ClimateWire, Lisa spent 14 years in daily journalism in California, Nevada and Washington D.C., serving as the Washington bureau chief for the Oakland Tribune and later the Los Angeles Daily News. She is the recipient of a number of journalism honors including the 2009 American Association for the Advancement of Science Kavli Science Journalism Award and the 2010 Edwin M. Hood Diplomatic Correspondence Award. Most recently she was selected to be a fellow for the 2013 Pakistan U.S.-Journalism Exchange. A New Jersey native, Friedman is a graduate of Columbia University.

Suzanne Goldenberg, The Guardian
Suzanne Goldenberg is the US environment correspondent of The Guardian and is based in Washington DC. She has won several awards for her work in the Middle East, and in 2003 covered the US invasion of Iraq from Baghdad. She is author of Madam President, about Hillary Clinton's historic run for the White House.


Lisa Krieger, The San Jose Mercury News
Lisa M. Krieger is a journalist for The San Jose Mercury News, covering science, environment, and medical research news from Stanford University, the University of California, NASA-Ames, U.S. Geological Survey, Lawrence Livermore Labs and the wild landscapes surrounding the beautiful San Francisco Bay area. Favorite articles include the return of Bald Eagles and Swainson's Hawk to the region, restoration of California Condor populations, mysterious deaths of brown pelicans, the impact of noise and light pollution on avian species, and the months-long wanderings of an escaped East African Gray-Crowned Crane. She also contributes to National Geographic Online, the magazine Bay Nature, and authors the column "Wanderlust" for Bay Area News Group, describing outdoor explorations in the Bay Area. Krieger graduated from Duke University with a degree in Biology. She scripted the KQED e-book Biotechnology, co-authored the book Incredible Voyage: Exploring the Human Body (National Geographic Press) and edited the University of California Press book AIDS: A Community Response. She is the recipient of seven major journalism awards, including "Journalist of the Year" by the Society of Professional Journalists-Northern California. A resident of Palo Alto, CA, she is partial to anything involving mandolins, binoculars, horses or backpacking.

Celeste LeCompte, Smithsonian
Celeste LeCompte is a media entrepreneur and independent journalist. Her work focuses on innovation and the environment with an emphasis on China and the Western U.S. Most recently, she co-founded Climate Confidential, an experiment in reader-funded journalism about the intersection of environmental issues and technological innovation. Previously, she was the managing editor and director of product for Gigaom Research, and the editor of Sustainable Industries magazine. Her writing has appeared in Scientific American, Smithsonian, Outside, and BusinessWeek. She is a 2015 Fellow at the Nieman Foundation for Journalism at Harvard University.

Molly Murray, Environmental Reporter, News Journal, Wilmington, DE
Molly Murray writes about conservation and the environment for the News Journal in Wilmington, DE, with a special interest in climate change impacts on species and habitats. She has a Master of Science in Journalism from Northwestern University and a Bachelor of Arts in English from Arcadia University. She started her career at the News Journal in 1980 covering land use, education, and government. As an environmental reporter, she loves to find critical links between species and habitat and one of her favorite topics is the link between horseshoe crabs and red knots along Delaware Bay.

Neena Satija, Environment Reporter, The Texas Tribune
Neena Satija is a radio reporter and producer for Reveal. She is based in The Texas Tribune newsroom in Austin. Previously, she was an environment reporter for The Texas Tribune, and before that, worked for Connecticut Public Radio. Her reporting on the vulnerability of the Connecticut shoreline won a national award from the Society of Environmental Journalists. Neena grew up in the suburbs of Washington, D.C., and graduated from Yale University in 2011.

Jenny Staletovich, Miami Herald Reporter
Jenny Staletovich is the environmental reporter for The Miami Herald, a beat she took over in 2014 after working as a freelance reporter for eight years. From 1989 to 2000, Staletovich worked at The Palm Beach Post as a statewide general assignment reporter responsible for the region's major stories, including hurricanes, the death penalty, and prisons. She visited Haiti and Cuba to report on immigration issues. She also covered crime and government. She has won several state and national awards, including the Scripps Howard National Journalism Award for Distinguished Service to the First Amendment, the Green Eyeshades, and the Sunshine State Awards. She graduated from Smith College and lives in Miami with her husband and their three children.

Dinah Voyles Pulver, Environment Writer
Dinah Voyles Pulver has covered a wide range of environmental issues for The Daytona Beach News-Journal for more than 20 years, including documenting the travails of one of the nation's most diverse estuaries, the Indian River Lagoon. A three-time recipient of Florida's highest award for environment writing, the Waldo Proffitt Award for Excellence in Environmental Journalism, she has also been recognized nationally by the Grantham Foundation for excellence in reporting on the environment, and was awarded a Gold Medal for Public Service by the Florida Society of News Editors. When not roaming the wilds for work, she enjoys paddling a kayak, birdwatching, and hiking.

Ucilia Wang, Freelance
Ucilia Wang is a California-based freelance journalist who writes about technology and the environment for publications such as Forbes, The UK Guardian, The Wall Street Journal, and Smithsonian. She co-founded Climate Confidential, which publishes stories about the science and technology for dealing with climate change. She was previously the associate editor at Greentech Media and a staff writer covering the semiconductor industry at Red Herring.

Bonnie Lane Webber, Environmental Activist
Bonnie Lane Webber has passionately worked to increase environmental awareness on the Upper East Side—and beyond—since the 1980s. A longtime resident, she has found many ways to encourage the community to protect our natural resources. As environmental chair for Carnegie Hill Neighbors, she has written a column for the Carnegie Hill Newsletter for 25 years, focusing on a wide range of topics from better bulbs to fracking, food, and avoiding waste. She founded Grassroots, a forum for exchanging green ideas through monthly meetings and newsletters. Now chairing the Sierra Club NYC Group Sustainability Series, she continues to educate and promote effective action.

May 20, 2015 | Permalink | Comments (0)

Tuesday, May 19, 2015

Field notes on navigating a POPO

This weekend, my family and I rented a wonderful home in a mountain town of the great Northwest.  In the notes for the house was the following unusual invitation:


In other words, the ordinary way into town would be to follow a road that did not have a sidewalk; the alternative was to use a privately-owned public space, or POPO, that would allow us to cut through the condo building across the street, go up some stairs, and immediately be in a safe, pedestrian-friendly downtown.  Of course, the invitation to actually use a POPO was one that I couldn't turn down, the toddler and newborn in tow, notwithstanding.  

But as the description in the house notes would suggest, knowing that there was a POPO that would provide easy access to the downtown was not readily advertised.  Here are a series of pictures I took that illustrate the serpentine route described in the house notes above.

Here is the approach.  Can you spot the POPO entrance?


As with many POPOs, there is no signage indicating that there is a public space where the public can pass through the building.  Further, the route is not marked and is not easily determinable.

I had some trepidation taking my family beyond the inexplicably placed stationary bike and the deep abyss beyond.


 Past the bike was an unmarked door, which might have led to the street, or nowhere.  


It turned out it the door led to a stairwell.  And two flights up, one landed safely in a pedestrian walkway.


Unfortunately, though, there was absolutely no signage on this side either that would indicate that this passage was a public space that could help pedestrians navigate a stretch without sidewalks.  

I tip my hat to the community for requiring this space because it does provide a much needed access point for pedestrians; however, like many POPOs, there is inadequate signage to make it of value to most people, especially those that do not know the area well.  As is the case in many places, what is needed to make POPOs really work is a community that makes sure the space is actively used and information about the space is widely distributed.  That is what the house notes provided to us.  

Communities need to ensure that these POPOs, which are typically conditions of approval, can actually be used by checking up on things like signage over time, and also making such adequate signage a part of the condition of approval.  POPOs can serve great public functions, but the public needs to know the space is there or it won't serve the purpose.






May 19, 2015 | Permalink | Comments (1)

Detroit's effort to use "blue infrastructure" for ecosystem services and economic development

A nice article in the Detroit Free Press about where ecosystem services meets economic development.  Here is the link, and here is an excerpt:

Detroit is about to find out whether an innovative landscape concept known as "blue infrastructure" actually works to save taxpayers big money.

Blue infrastructure refers to the practice of diverting rainwater and snowmelt from the city's combined sewer/stormwater system into ponds, fields, and other more natural settings. By keeping water out of the sewer system, the city in theory could save hundreds of millions of dollars by not having to invest in more big-pipe gray infrastructure to treat the mix of sewerage and storm runoff.

To test that idea, the city is working out details of a pilot project on the far east side in the Jefferson Village area. There, local grocer Sam Yaldo of the Parkway Foods store gets a bill from Detroit Water & Sewerage Department each month for more than $8,000 to deal with the drainage of rainwater off his parking lot that now flows into nearby sewers.

The city's Water & Sewerage Department began charging commercial landowners a monthly drainage fee in 2013 to cover the cost of cleaning up water than runs off impervious roofs, parking lots, and other hard surfaces into the city's sewers where it mixes with sanitary waste and must be cleaned before discharge into the river.

If the diversion of rainwater to a nearby man-made wetlands is successful, that would eliminate that charge, making Yaldo's business more profitable. Written city wide, blue infrastructure could save business owners millions each year and make doing business in the city that much more likely.

"That's pretty substantial and it literally can put him out of business," Waymon Guillebeaux, executive vice president at the Detroit Economic Growth Corp., said of the monthly drainage charge that the DWSD began charging property owners like Yaldo. "It is a huge problem for the city of Detroit, not only to attract new businesses to the city but to retain what's there. The goal is how do we fix this problem citywide."

In late April, the city's Economic Development Corp., a quasi-public body, approved spending $162,000 to hire the Detroit-based Giffels Webster Engineers to "investigate and explore possible measures" to divert the rainwater and snowmelt from Yaldo's parking lot to a more natural setting a block or two away.

That most likely will mean funneling the water off the parking lot into a nearby vacant field where the water would pass through a natural filtration system as in a wetlands and eventually be discharged to the Detroit River. Keeping some or all of the water out of the sewer/stormwater system would save a huge amount of money since the water wouldn't need to be cleaned up before discharge into the river, or at least not as much as is needed today.

Normally, rain and melting snow pick up dirt and debris from parking lots, streets, and other paved surfaces and carries it into the sewers. In recent decades the city has built filtration plants at great expense to clean up the watery mess before discharging it into the river.

Scott Clein, a Giffels Webster engineer who heads the project, estimated that Yaldo's business would still face a yearly maintenance charge of about $10,000 if the pilot project works, but that would be only about 10% of what he pays now in the discharge fee.


May 19, 2015 | Permalink | Comments (0)

Friday, May 15, 2015

Oklahoma's new commission to evaluate economic development incentives: a potential model for other states?

As state and local government spending on economic development has ballooned in recent years (see the NY Times 2012 article on the subject here), there seems to be an increasing effort to encourage accountability.  One such accountability law is Oklahoma's "Incentive Evaluation Act," or HB2182, which was signed into law on April 27, 2015.  Full text here.  The Act defines an "incentive" as

a tax credit, tax exemption, tax deduction, tax expenditure, rebate, grant, or loan that is intended to encourage businesses to locate, expand, invest, or remain in Oklahoma, or to hire or retain employees in Oklahoma.

The Act has several notable provisions, but one I find particularly appealing is the establishment of a commission that is responsible for evaluating the effectiveness of economic development measures.  Here is the mandated evaluation required by the Act:

B. ...By December 15 of each year beginning in 2016, the Commission shall provide the results of each incentive evaluation in a written report to the Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives. The report shall be made publicly available on the Oklahoma Department of Commerce website and

C. Each evaluation shall include the following:

1. An estimate of the economic and fiscal impact of the incentive. This estimate shall take into account the following considerations in addition to other relevant factors: a. the extent to which the incentive changes business behavior, b. the results of the incentive for the economy of Oklahoma as a whole. This consideration includes both positive direct and indirect impacts and any negative effects on other Oklahoma businesses, and c. a comparison to the results of other incentives or other economic development strategies with similar goals;

2. An assessment of whether adequate protections are in place to ensure the fiscal impact of the incentive does not increase substantially beyond the state's expectations in future years;

3. An assessment of whether the incentive is being administered effectively;

4. An assessment of whether the incentive is achieving its goals;

5. Recommendations for how Oklahoma can most effectively achieve the incentive's goals, including recommendations on whether the incentive should be retained, reconfigured or repealed; and

6. Recommendations for any changes to state policy, rules, or statutes that would allow the incentive to be more easily or conclusively evaluated in the future. These recommendations may include changes to collection, reporting and sharing of data, and revisions or clarifications to the goal of the incentive.

It will be interesting to follow how Oklahoma's commission evolves, what happens to incentives that receive a negative evaluation from the commission, and how the commission draws the lines on what is an "incentive" within the Act's broad mandate.  It will be especially interesting to see if the commission begins to consider land use-based incentives within its review, such as the creation of special districts, access to redevelopment funds for infrastructure improvements, and so on.

May 15, 2015 | Permalink | Comments (0)

Wednesday, May 13, 2015

CFP - ABA SEER seeks articles for sustainability newsletter

American Bar Association

Section of Environment, Energy, and Resources

Climate Change, Sustainable Development and Ecosystems Committee

Call for Articles for Sustainability Newsletter

 Dear Members: 

The ABA SEER Climate Change, Sustainable Development, and Ecosystems Committee (CCSDE) is soliciting proposals for articles for publication this Summer/Fall dedicated to a wide variety of sustainability issues. To kick things off, the following is a list of potential topics that we think would be appropriate for this issue, but of course, feel free to propose other topics if you think they would fit: 

  • Sustainability "as-applied"
  • Sustainability hot topics, including: international law, sustainable development goals, post 2015 developments at the UN
  • ABA sustainability task force (status update and commentary on final report)
  • Sustainability and the practice of law
  • Sustainability issues in the corporate setting
  • Innovations in public/private partnerships in the area of sustainability
  • State/Municipal sustainability initiatives

As always, authors are encouraged to contact the editors to discuss topic ideas for articles before drafting.

Article proposals should include a working title and a paragraph summary. Final submissions should include a title and appropriate Blue Book format citations without footnotes. Articles should be between 1,000 - 3,000 words in length, although the length of articles may vary. With early submission and approval, articles may exceed 3,000 words. If you are interested in writing an article, please submit your article topic to me at and my co-vice chairs, Vic Baltera at, and Bill Smalling  

The schedule for submissions is as follows: 

Due date for article proposals: June 1

Initial deadline for article submissions: July 15

Anticipated publication date: August/September 

May 13, 2015 | Permalink | Comments (0)

Monday, May 11, 2015

2nd Annual Future Environmental Law Professors Workshop @ Pace Law - September 18


Friday, September 18, 2015
Pace Law School, White Plains, New York

Designed for visiting assistant professors, fellows, researchers, law clerks, practitioners and others who are, or plan to go on, the academic teaching market in the areas of environmental law, natural resources law, food and agricultural law, animal law, energy law, land use planning, or ocean and coastal resources law.

  • Receive advice on the environmental law teaching market
  • Obtain an insider’s view of the appointments process from faculty with extensive hiring experience
  • Learn about the history and future of environmental law in law schools
  • Participate in a mock AALS interview and gain feedback from environmental law professors
  • Present your work to future colleagues in the environmental law academy
  • Hear a Keynote Address by Yale Law Professor Douglas Kysar about environmental legal scholarship

Register by clicking HERE. There is no cost to register. Participants are responsible for their own travel and lodging.

Preliminary Schedule


Introductory remarks by Professor Jason Czarnezki (Pace) and Continental Breakfast


Panel discussion with Professors Mary Jane Angelo (Florida),Kevin Leske (Barry), and Margot Pollans (Pace) —“How To Be Successful on the Environmental Law Professor Job Market”




Mock interviews


Keynote lunch address by Professor Douglas Kysar (Yale)


Job talk presentations with feedback provided (Selected participants will be asked to present their job talks.)


 Travel and lodging information:

  • A block of hotel rooms for both Thursday and Friday nights has been reserved at the Crowne Plaza in White Plains.
  • Directions and travel information can be found here.

For further information, please contact Professor Jason Czarnezki at


May 11, 2015 | Permalink | Comments (0)

Friday, May 8, 2015

Urban Renewal Flashback: Fresno Edition

One of the great virtues of the post-You Tube life is that many of the Fifties' and Sixties' booster videos for urban renewal projects are readily available.  One such video I just found, which was forwarded to me by my colleague Lee Dillion, provides a cringe-worthy argument for the pedestrian malls that came to devastate downtown Fresno.  It's worth a watch here:


As folks may know, the Fresno pedestrian mall-ification of its downtown was considered a precedent-setting move in the Sixties.  Unfortunately, it ruined the downtown, and now Fresno is trying to take out the malls and replace them with a "complete streets"-style of roadway.  See more here and here.  

May 8, 2015 | Permalink | Comments (0)

Thursday, May 7, 2015

Kudos to the L'Enfant Trust

A tip of the hat to my good friend Sara Hayden, former development director, and the other good folks at the L'Enfant Trust, which won the 2015 District of Columbia Award for Excellence in Historic Preservation for their work in D.C.'s Anacostia neighborhood.  More about the project below.  

I had a chance to visit these properties with Sara several years ago and it is amazing to see the changes the Trust has brought through these preservation efforts.



May 7, 2015 | Permalink | Comments (0)

Tuesday, May 5, 2015

Commissioner's Corner: Should a Commissioner Be Permitted To Peak at a Google Maps View of a Project Site in a Quasi-Judicial Hearing?

It is hard to believe, but as of last night's hearing, I have now served on the Boise City Planning & Zoning Commission for exactly one year.  

Last night, I got to thinking about Google Maps.  As any P&Z commissioner knows, no matter how much information the staff provide in the official packet, there are just some intangibles about a project site that cannot be derived from aerial photographs and pictures of the site.  These days, with the ready availability of street-view programs, such as Google Maps, it is incredibly easy for a commissioner to simply type in the address of the project site and do a "virtual drive by" of the site.  

It is an incredibly valuable tool for getting a sense of the neighboring properties.  But here is my issue:  the Google Maps virtual drive-by is most helpful in quasi-judicial proceedings where heightened due process standards typically apply.  Moreover, the basis of the decision in a quasi-judicial proceeding is supposed to be supported by facts and findings on the record.  A Google Maps drive-by is not a part of that record; moreover, such programs are often a year or two out-of-date, which can make a big difference in a fast-developing area, and may not accurately reflect the neighborhood.  As a result, it appears to me there is at least a colorable claim that such Google Maps drivey-bys do not comport with due process requirements of quasi-judicial proceedings.  

Despite these potential due process problems, I would guess that a lot--maybe close all--planning commissioners use a Google Maps-style function in some form or another at least part of the time on quasi-judicial proceedings.  

So what are we to do?  Realistically, planning commissioners are not going to stop using these street view programs.  And so, should project applicants be asked at the time of application if they permit incorporating Google Maps (or some other maps service)  into the record of their proceedings?  Should staff simply incorporate Google Maps into the staff report by reference?   Has any planning department out there found a way to address this?  Is this a mountain or a mole hill?

May 5, 2015 | Permalink | Comments (3)

Monday, May 4, 2015

California Fish & Game seeks an experienced attorney

Posting this job opening for a friend...

California Fish & Game is hiring an "Attorney V" position, which is defined as an attorney with more than 13 years of experience.  See more at the link here.

May 4, 2015 | Permalink | Comments (0)

Friday, May 1, 2015

Land Use Articles Posted to SSRN in April

I'm trying something new this month, which is to highlight articles posted to the Property, Land Use & Real Estate Law eJournal in the month of April.  To me, this seems an improvement over the previous search I used to run and captures a lot more of the land use-related articles.  It does mean there are some articles in this search that are not explicitly land use law-related, but I am including everything posted to this eJournal for now.  As always, I welcome comments on ways to present this summary of land use law scholarship.  The articles below are listed in reverse-order of publication to the eJournal (e.g., the articles at the top were posted later in the month) and do not reflect the number of downloads.

 The Boston City Pilot Task Force: An Emerging Best Practice?
New England Law Review, Vol. 44, No. 3, 2010
Eric A. Lustig 
New England Law | Boston 

 Demand Offsets: Water Neutral Development in California
Jennifer Harder 
Pacific McGeorge School of Law 

 Shadowed by the Shadow Inventory: A Newark, New Jersey Case Study of Stalled Foreclosures and Their Consequences
4 U.C. Irvine L. Rev. 1265 (2014)
Linda Fisher 
Seton Hall University - School of Law 

 Addressing Climate Change Without Legislation - Volume 1: DOI
Romany M. Webb and Steven Weissman 
The Kay Bailey Hutchison Center for Energy, Law & Business, The University of Texas at Austin and University of California, Berkeley - School of Law 

 Adult Social Care and Property Rights
University of Cambridge Faculty of Law Research Paper No. 24/2015
Brian Sloan 
University of Cambridge - Robinson College, Cambridge 

 ფაქტი vs უფლება: მფლობელობა და საკუთრების უფლება - ურთიერთმიმართება ქართული და ფრანგული სამსართლის მიხედვით (Fact vs. Right: Possession and Property Right – Relation According to the Georgian and French Law)
Fact vs. Right: Possession and Property Right - Relation According to the Georgian and French Law in: anniversary collection in honor of Prof. Besarion Zoidze, Tbilisi State University publishing house, Tbilisi, 2014, 235-258.
Tamar Zarandia 
Ivane Javakhishvili Tbilisi State University (TSU) 

 Habitat Conservation Plans and Climate Change: Recommendations for Policy
KBH Energy Center Research Paper
Melinda E. Taylor and Holly Doremus 
The Kay Bailey Hutchison Center for Energy, Law & Business, The University of Texas at Austin and University of California, Berkeley - School of Law 

 Go-Slow on New Legislation
A Bainham (ed) The International Survey of Family Law (2000 edition, Jordan Publishing, Bristol, 2000).
Bill Atkin 
Victoria University of Wellington - Faculty of Law 

 De Factos Down-Under and Their Property
Child and Family Law Quarterly, Vol 11, No 1, 1999.
Bill Atkin 
Victoria University of Wellington - Faculty of Law 

 A Note on Large-Scale Land Acquisitions, Commitment Problems and International Law
Discussion Paper Series, Wilfried Guth Endowed Chair for Constitutional Political Economy and Competition Policy, University of Freiburg, No. 2015-02
Yorck Diergarten and Tim Krieger 
University of Freiburg (Germany) - Faculty of Law and Wilfried Guth Chair of Constitutional Political Economy and Competition Policy 

 Cycling to Economic Freedom?: An Analysis of Privatization, Nationalization, and Expropriation in Argentina, Mexico, and the United Kingdom
Michigan State University College of Law Journal of International Law, Forthcoming
Tanya Kapoor 
Yale University, Law School, Students 

 Competing Perceptions of the Rural Idyll: Responses to Threats from Coal Seam Gas Development in Gloucester, NSW, Australia
Australian Geographer, 45(2), 185-203.
Meg Sherval and Kristian Hardiman 
University of Newcastle (Australia) and University of Newcastle (Australia) 

 Section 1031 Exchanges: Death of a Related-Party Exchange — Did ‘Butler’ Do It?
Daily Tax Report Journal, Vol. 75, No. 1, 2015, Brooklyn Law School, Legal Studies Paper No. 408
Bradley T. Borden and Alan S. Lederman 
Brooklyn Law School and Akerman, Senterfitt 

 The Problems of Justice in the Economic Analysis of Law
Flavio Inocencio 

 Beaching Casino Location Laws: Why States Should No Longer Require Casinos to Build on or Near the Water
Brian Clark Stuart 
University of Mississippi 

 A Universal Proxy Form for Condominiums
Mark Latham 

 Passing of Property and Risk in Sale of Goods
Key Law Reports Pakistan, 2013
Rizwan Hussain 
Hussain and Associates 

 Postmodern 'Progress': Reconsidering the Copyright and Patent Power
DePaul Law Review, Vol. 43, No. 1, 1993
Margaret Chon 
Seattle University School of Law 

 Differences and Similarities Among Cohousing, Gated Communities and Other Kinds of Homeowners Associations: A Reply to Ruiu
GSSI Urban Studies Working Papers, No. 22/2015
Francesco Chiodelli 
Gran Sasso Science Institute - GSSI Cities 

 Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs)
Harvard Environmental Law Review, Forthcoming, U Denver Legal Studies Research Paper No. 15-16
Federico Cheever and Jessica Owley 
University of Denver Sturm College of Law and State University of New York (SUNY) at Buffalo - Law School 

 A Continuing Look at Boston's Revised Payment in Lieu of Taxes (PILOT) Program: Update Version 2.0
New England Law | Boston Research Paper No. 15-07
Eric A. Lustig 
New England Law | Boston 

 The Validity of Restraints on Alienation in an Oil and Gas Lease
Buffalo Law Review, Forthcoming
Luke Meier and Rory M. Ryan 
Baylor University - Law School and Baylor University - Law School 

 The Property Attributes of Copyright
(2014) 10 Buff. Intell. Prop. L.J. 34
Pascale Chapdelaine 
University of Windsor, Faculty of Law 

 Beyond Science and Hysteria: Reality and Perceptions of Environmental Justice Concerns Surrounding Marcellus and Utica Shale Gas Development
University of Pittsburgh Law Review, Vol. 77, No. 2, 2015
Ann M. Eisenberg 
West Virginia University - College of Law 

 Abandonment and Adverse Possession
Houston Law Review, Vol. 52, No. 1385, 2015
Sally Brown Richardson 
Tulane University - Law School 

 Protecting River Flows for Fun and Profit: Colorado's Unique Water Rights for Whitewater Parks
Ecology Law Quarterly, Forthcoming, UNM School of Law Research Paper No. 2015-13
Reed D. Benson 
University of New Mexico - School of Law 

 Series: Mindful Law, Mindful World: Property, Possession, and Consumption via Gandhi's Thought
Seattle Journal for Social Justice, Vol. 13, No. 2, 2015
Nehal A. Patel 
University of Michigan-Dearborn 

 New Zealand
"New Zealand" in Sarah Dromgoole, ed. The Protection of the Underwater Cultural Heritage: National Perspectives In Light of The UNESCO Convention 2001, 2nd ed. pp. 450. $176.00 Leiden: Martinus Nijhoff, 2006. ISBN 10: 90-04-15273-3; 13: 978-90-04-15273-1.
Piers Davies and Paul Myburgh 
Wackrow, Williams & Davies and National University of Singapore 

 Public International Law Controversies Over Land Acquisition and Land Grabbing. A Socio-Legal Perspective
Alexandre Faure 
Université de Rennes I 

 Shipping Law
(2007) New Zealand Law Review 749-771
Paul Myburgh 
National University of Singapore 

 REIT Spinoffs: Passive REITs, Active Businesses
Tax Notes, p. 1513 & 1635, March 23 & 30, 2015
Richard Nugent 
Cadwalader, Wickersham & Taft 

 Eschewing Anticipatory Remedies for Takings: A Response to Professor Merrill
128 Harv. L. Rev. F. 202 (2015), Vermont Law School Research Paper No. 2-15
John D. Echeverria 
Vermont Law School 

 A Standing Question: Mortgages, Assignment, and Foreclosure
Journal of Corporation Law, Vol. 40, 2015, Forthcoming
Eric A. Zacks and Dustin A. Zacks 
Wayne State University Law School and King, Nieves & Zacks PLLC 

 Architectural Exclusion: Discrimination and Segregation Through Physical Design of the Built Environment
124 Yale Law Journal 1934 (2015)
Sarah Schindler 
University of Maine - School of Law 

 The Costs of Koontz
39 Vt. L. Rev. 573 (2015), Vermont Law School Research Paper No. 1-15
John D. Echeverria 
Vermont Law School 
Date Posted: April 18, 2015

 Beyond Disparate Impact: How the Fair Housing Movement Can Move On
Washburn Law Journal, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2015-08
Rigel Christine Oliveri 
University of Missouri School of Law 

 Rectifying These Mean Streets: Percent-for-Art Ordinances, Street Furniture, and the New Streetscape
Kentucky Law Journal, Vol. 104
Asmara M. Tekle 
Texas Southern University - Thurgood Marshall School of Law 
Date Posted: April 17, 2015

 The Procedural Side of Legal Globalization: The Case of the World Heritage Convention
Jean Monnet Working Paper 18/10
Stefano Battini 
Università di Viterbo - DISTU 

 What is Property Law?
Eveline Ramaekers 
Wadham College Oxford 

 The CJEU's Intervention in Mortgage Enforcement Proceedings: Aziz, Morcillo & García, and Kušionová
Eveline Ramaekers 
Wadham College Oxford 

 Decent Expectations? The Use and Interpretation of Housing Standards in Tenancy Tribunals in New Zealand
New Zealand Universities Law Review (2014) Vol 26, No 2, pp 153-185
Sarah Bierre Mark J. Bennett and Philippa Howden-Chapman 
University of Otago - He Kainga Oranga - Housing and Health Research Programme , Victoria University of Wellington - Faculty of Law and University of Otago - He Kainga Oranga - Housing and Health Research Programme 

 Rethinking Canadian Legal Responses to Frozen Embryo Disputes
(2014) 29:1 Canadian Journal of Family Law 55
Stefanie Carsley 
McGill University - Faculty of Law 

 Open Space in an Urban Area: Might There Be Too Much of a Good Thing?
Robert C. Ellickson 
Yale Law School 

 Emulsified Property
Pepperdine Law Review, Forthcoming
Jessica A. Shoemaker 
University of Nebraska - College of Law 

 Local Home Rule in the Time of Globalization
Brigham Young University Law Review, Forthcoming, Chapman University, Fowler Law Research Paper No. 15-04
Kenneth Stahl 
Chapman University - Dale Fowler School of Law 

 Управление общим имуществом многоквартирного дома: коммерческо-правовой аспект. Дисс. на соиск. ученой степени к.ю.н. (Management of Common Property of Multi-Apartment House: Commercial Law Aspects)
Sergey Victorovich Strembelev 
Egorov, Puginsky, Afanasiev & Partners 

 Early Soviet Property Law in Comparison with Western Legal Traditions
Boris N. Mamlyuk 
University of Memphis - Cecil C. Humphreys School of Law 

The Betrayed (?) Wills of Kafka and Brod
Law & Literature, pp 1-21
Nili Cohen 
Tel-Aviv University 

 Taking Law from an Economic Perspective with Reference to German Law
Hans-Bernd Schäfer 
Bucerius Law School 

 Swimming in Tested Waters: Increasing Access to Credit in Nigeria Through a Reform of its Secured Transactions Law with Some Recipes of UCC Article 9
Williams Iheme 
Central European University (CEU), International Business Law, Students 

Death and Live Feeds: Privacy Protection in Fiduciary Access to Digital Assets
Columbia Business Law Review, Forthcoming
Jeehyeon Jenny Lee 
Columbia University, Law School, Students 

 Human Impact Statements
Washburn Law Journal, Forthcoming
Marc Lane Roark 
The Savannah Law School 

 The Suburbs' Fair Share: How California's Housing Element Law (and Facebook) Could Set a Housing Production Floor
Jessie Agatstein 
Yale University, Law School, Students 

 Traditional Agrarian Tenancies and Reform Legislation in the North Central Province of Sri Lanka
LawAsia, Volume 3, Numbers 2 and 3, August-December 1972
Martin E. Gold and John Clifford 
Sidley Austin LLP and Independent 

 A New Lease on Death
Real Property, Probate and Trust Law Journal, Vol. 49, No. 3, 2015
Tanya D. Marsh 
Wake Forest Law School 

 City as a Commons
Paper presented at the Second Thematic Conference of the IASC on “Design and Dynamics of Institutions for Collective Action: A Tribute to Prof. Elinor Ostrom”, 29 November - 1 December 2012, available at the Digital Library of the Commons, 
Christian Iaione 
Università degli Studi Guglielmo Marconi 

 Terra Firma: Re-Examining Land Rights within the Mosaic of Development, Democracy and Justice
Shalu Nigam 
Centre for Women Development Studies 

 Taking Turns
Florida State University Law Review, Forthcoming
Ronen Perry and Tal Zarsky 
University of Haifa - Faculty of Law and University of Haifa - Faculty of Law 

The 'Credibility Thesis' and its Application to Property Rights: (In)Secure Land Tenure and Social Welfare in China
Land Use Policy, Vol. 40, September 2014
Peter Ho 
Delft University of Technology 

 Balancing Property and Environment in the EU
Jan H. Jans and A. Outhuijse 
University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law and University of Groningen 

NYU Environmental Law Journal, (2015) Forthcoming
Donald J. Kochan 
Chapman University, The Dale E. Fowler School of Law 

Legislating for Drones: A Guide and Model Ordinances
Gregory S. McNeal and Troy A. Rule 
Pepperdine University School of Law and Arizona State University (ASU) - Sandra Day O'Connor College of Law 

 Utilizing Home Rule: The Case for Restricting Hydraulic Fracturing at the Local Level
Jolie Schamber 
Emory University, School of Law, Students 

 Titling Systems
Benito Arruñada 
Universitat Pompeu Fabra 

 Moral Obligation and Natural Capital Commons on Private Property: Perspectives on Peter Gerhart’s Property Law and Social Morality
Tex. A&M J. of Real Prop. L., Vol. 2, 2015, Forthcoming
Blake Hudson 
Louisiana State University, Baton Rouge - Paul M. Hebert Law Center 

 Adults with Incapacity: The Protection of Personal and Property Rights Act
Bill Atkin and Anna-Marie Skellern “Adults with Incapacity: The Protection of Personal and Property Rights Act” in J Dawson and K Gledhill (eds) New Zealand’s Mental Health Act in Practice (VUP, 2013)., Victoria University of Wellington Legal Research Paper No. 38/2015, 
Bill Atkin and Anna-Marie Skellern 
Victoria University of Wellington - Faculty of Law and Independent 

 New Zealand Family Law in 1994 – More Promise than Achievement
A Bainham (ed) The International Survey of Family Law (1996 edition, Jordan Publishing, Bristol, 1996).
Bill Atkin 
Victoria University of Wellington - Faculty of Law 

 Исследование Показателей Рейтинговой Оценки Институтов Рынка Недвижимости По Международной Методике Cкоркардинга (Score Card Survey on Rating of Real Estate Market Institute)
Современные технологии управления. 2015. №1 (49), 
Tatyana Aleksandrovna Strelnikova 
Russian Presidential Academy of National Economy and Public Administration (RANEPA) 

 Adult Guardianship Reforms - Reflections on the New Zealand Model
(1997) 20 Int'l J L & Psychiatry 77., Victoria University of Wellington Legal Research Paper No. 37/2015
Bill Atkin 
Victoria University of Wellington - Faculty of Law 

 Sink or Swim: In Search of a Model for Coastal City Climate Resilience
40 Columbia Journal of Environmental Law, 2015, Forthcoming, Touro Law Center Legal Studies Research Paper Series
Sarah Adams-Schoen 
Touro College - Jacob D. Fuchsberg Law Center 

 Legal Challenges in Government Imposition of Water Conservation: The Kansas Example
Agronomy Journal, 106:1–6 (2014), 
John C. Peck 
University of Kansas - School of Law 

 Wildlife Crop Raids: Victims Deserve Support
Nana Owusu-Ansah 
Swiss Management Centre University (Switzerland) 

 უძრავი ნივთების კეთილსინდისიერი შეძენა არაუფლებამოსილი გამსხვისებლისაგან ქართულ სასამართლო პრაქტიკაში (Good Faith (Bona Fides) Purchase of the Real Property from Unauthorized Alienator in the Georgian Judicial Practice)
Zarandia T., Good Faith (bona fides) Purchase of the Real Property from Unauthorized Alienator in the Georgian Judicial Practice, Current Issues of Georgian Law, in honor of Prof. Luarsab Andronikashvili, Tbilisi, 2014, 59-79
Tamar Zarandia 
Ivane Javakhishvili Tbilisi State University (TSU) 

‘Losses in Any Event’ in the Case of Damage to Property
Oxford Journal of Legal Studies, 2016
Samuel Beswick 

 Proprietary Estoppel: The Importance of Looking Back
PS Davies and J Pila (eds), The Jurisprudence of Lord Hoffmann (Oxford: Hart Publishing, 2015), Oxford Legal Studies Research Paper No. 15/2015
Ben Mcfarlane 
University College London - Faculty of Laws 

 Die vermögensrechtlichen Beziehungen der Ehegatten im alten und im neuen Zivilgesetzbuch Brasiliens (Marital Property in Brazil’s Old and New Civil Code)
Mitteilungen der Deutsch-Brasilianischen Juristenvereinigung, Vol. 32, No. 2, pp. 21-33, 2014, Max Planck Private Law Research Paper No. 15/7
Jürgen Samtleben 
Max Planck Institute for Comparative and International Private Law 

 New Zealand: The Family Court - Ten Years' Experience
(1992) 31 JFamL 149.
Bill Atkin 
Victoria University of Wellington - Faculty of Law 

 New Zealand: Let the Family Decide - The New Approach to Family Problems
(1991) 29 JFamL 387-397.
Bill Atkin 
Victoria University of Wellington - Faculty of Law 

 Schizophrenia and Protection Orders
[1990] NZLJ 204.
Bill Atkin 
Victoria University of Wellington - Faculty of Law 

 Maximizing Inclusionary Zoning's Contributions to Both Affordable Housing and Residential Integration
Washburn Law Journal, Vol. 54, No. 4, 2015, Univ. of San Francisco Law Research Paper
Tim Iglesias 
University of San Francisco - School of Law 

 Slavery, Property, and Marshall in the Positivist Legal Tradition
Savannah L. Rev., Forthcoming
Marc Lane Roark 
The Savannah Law School 

 Equitable and Sustainable Development of Foreign Land Acquisitions: Lessons, Policies and Implications
Published in: Handbook of Research on In-country Determinants and Implications with Foreign Land Acquisitions, First edited by E. Osabuohien, 12/2014: chapter Chapter 1: pages 1-20; IGI Global.
Simplice A. Asongu and Christian Lambert Nguena Sr. 
African Governance and Development Institute and Association of African Young Economists (AAYE) 

May 1, 2015 | Permalink | Comments (0)