Thursday, October 1, 2015
Land use law-related articles posted on SSRN in September
It's the beginning of a new month, which means it is time to check in on all of the land use law-related articles posted to the SSRN Property, Land Use & Real Estate Law eJournal in September. The articles below are in reverse order of posting (i.e., those at the top were posted later in the month) and, thus, the order bears no relation to downloads.
This month there were also a large number of international land use-law related articles. As I have in previous months, I have divided the list into two parts. First, I present those land use law articles posted to the eJournal written by U.S. scholars; second, that list is followed by articles posted to the eJournal by non-U.S. scholars. This seemed to make sense to me, though I welcome your thoughts on whether this division is valuable or perhaps creates artificial divides between an increasingly global academic community.
Articles by U.S. scholars:
Assessing the Impacts of Climate Change on the Built Environment Under NEPA and State EIA Laws: A Survey of Current Practices and Recommendations for Model Protocols
Jessica A. Wentz
Columbia University - Law School
Potential Liability of Governments for Failure to Prepare for Climate Change
Jennifer Klein
Columbia University - Sabin Center for Climate Change Law
Property Tax Limits and Female Labor Supply: Evidence from the Housing Boom and Bust
Shimeng Liu
University of Southern California
The State's Right to Property Under International Law
Yale Law Journal, Vol. 125, 2016 (Forthcoming)
Peter Tzeng
Yale Law School
Co-Location, Co-Location, Co-Location: Land Use and Housing Priorities Reimagined
39 Vermont Law Review 925 (2015), Kreisman Working Papers Series in Housing Law and Policy No. 24, U of Chicago, Public Law Working Paper No. 547
Lee Anne Fennell
University of Chicago Law School
Gentrification: The Class Conflict Over Urban Space Moves into the Courts
Fordham Urban Law Journal, Vol. 10, No. 2, 1981
Harold A. McDougall
Howard University School of Law
Novel Takings Theories: Testing the Boundaries of Property Rights Claims
4 Brigham-Kanner Property Rights Conference Journal 39 (2015)
James S. Burling
Pacific Legal Foundation
Why a New Uniform Equitable Distribution Jurisdiction Act is Needed to Reduce Forum Shopping in Divorce Litigation
49 Family Law Quarterly 359 (2015), U of Houston Law Center No. 2015-A-20
J. Thomas Oldham
University of Houston Law Center
Antimonopoly in Public Land Law
Michael C. Blumm and Kara Tebeau
Lewis & Clark Law School and Lewis & Clark Law School
The Dominant Mineral Estate in the Horizontal Well Context: Time to Extend Moser Horizontally
53 Hous. L. Rev. 193 (2015), U of Houston Law Center No. 2015-A-19
Bret Wells
University of Houston Law Center
Teaching an Old Dog a New Trick: Examining the Intersection of the Accommodation Doctrine and Groundwater Rights Through the Lens of Lubbock v. Coyote Lake Ranch, LLC.
Texas A&M Law Review, Forthcoming
Brent Robert Dore
Texas A&M University (TAMU), School of Law, Students
No Competing Theory of Constitutional Interpretation Justifies Regulatory Takings Ideology
Andrew William Schwartz
Shute, Mihaly & Weinberger LLP
Doing a Double Take: Rail-Trail Takings Litigation in the Post-Brandt Trust Era
39 Vt. L. Rev. 703 (2015)
Danaya C. Wright
University of Florida Levin College of Law
Land Shark at the Door? Why and How States Should Regulate Landmen
Fordham Environmental Law Journal, Forthcoming
Ann M. Eisenberg
West Virginia University, College of Law, Students
Interpreting Conservation Easements
29 Probate & Property 30 (2015)
Nancy A. McLaughlin
University of Utah S.J. Quinney College of Law
Sacred in the City: The Huron Indian Cemetery and the Preservation Laws
John W. Ragsdale
University of Missouri at Kansas City - School of Law
Bryant Park as a Site of Production: Revenue and Social Control
Oñati Socio-Legal Series, Forthcoming,
Emily Kaufman
University of Kentucky
Divine Sovereignty, Indian Property Law, and the Dispute Over the Padmanabhaswamy Temple
Modern Asian Studies, 2016
Deepa Das Acevedo
University of Chicago
Owning Red: A Theory of Indian (Cultural) Appropriation
Forthcoming Texas Law Review (2016)
Angela Riley and Kristen A. Carpenter
University of California, Los Angeles (UCLA) and University of Colorado Law School
Rolling Back the Tide: Toward an Individual Mandate for Flood Insurance
Fordham Environmental Law Journal, Vol. 26, No. 2, 2015
Alexander B. Lemann
Georgetown University Law Center
Validity of Superfund Liens
Roger Bernhardt
Golden Gate University - School of Law
Notices of Abatement vs Defects of Title
Roger Bernhardt
Golden Gate University - School of Law
Attempting to Collect on Barred Mortgages
Roger Bernhardt
Golden Gate University - School of Law
Variances & Hardship
Real Property Law Reporter (Cal CEB [May 2015)
Roger Bernhardt
Golden Gate University - School of Law
Lessons Not to Learn About Merger
Real Property Law Reporter (Cal CEB [July 2015)
Roger Bernhardt
Golden Gate University - School of Law
Potential Tort Liability for Personal Use of Drone Aircraft
St. Mary’s Law Journal, Vol. 46:573, 2015,
Benjamin D. Mathews
Independent
Environmental Review as an Incentive for Parking Provision in New York and California: Moving from Conservatism to Conservation
41 Transportation Law Journal 157 (2014).
Noah M Kazis
Independent
Public Actors, Private Law: Local Governments’ Use of Covenants to Regulate Land Use
Yale Law Journal, Vol. 124, No. 5, 2015
Noah M Kazis
Independent
Articles by non-U.S. scholars:
(2013) 51 Alberta Law Review 165-180
Jeff Berryman
University of Windsor - Faculty of Law
Does Unconventional Gas Require Unconventional Ownership? An Analysis of the Functionality of Ownership Frameworks for Unconventional Gas Development
Pittsburgh Journal of Environmental and Public Health Law, Vol 8, Issue 1, Winter 2013
Samantha Jane Hepburn
Deakin University - Deakin Law School
Judicial Conservatism V. Economic Liberalism: Anatomy of a Nuisance Case
13 Isr. L. Rev. 298 (1978)
David Kretzmer
Hebrew University of Jerusalem
The Nature and Scope of Rights of Removal
Property Law Review, vol. 2, no. 3, pp. 123-138
Samantha Jane Hepburn and Steve Jaynes
Deakin University - Deakin Law School and Deakin University - Deakin Business School
Ownership Models for Geological Sequestration: A Comparison of the Emergent Regulatory Models in Australia and the United States
Environmental Law Reporter, Vol. 44, No. 4, 2014
Samantha Jane Hepburn
Deakin University - Deakin Law School
The Practical Choice for Real Property Tax Reform
Journal of Chinese Tax and Policy, Vol. 4, Special, pp.114-122, April 2014
Yansheng Zhu
Xiamen University
More Safeguards Instead of a Ban of Economic Development Takings: The Kelo Case from a German Perspective
B Hoops, EJ Marais, H Mostert, JAMA Sluysmans, LCA Verstappen (eds), Rethinking Expropriation Law II, Context, Criteria, and Consequences of Expropriation, The Hague, Boom (2015 Forthcoming), University of Groningen Faculty of Law Research Paper 2015/36
Björn Hoops
Faculty of Law, University of Groningen
Australian Property Law Journal, 2010
Samantha Jane Hepburn
Deakin University - Deakin Law School
Native Title Rights in the Territorial Sea and Beyond: Exclusivity and Commerce in the Akiba Decision
University of New South Wales Law Journal, Volume 34(1)
Samantha Jane Hepburn
Deakin University - Deakin Law School
Public Participation in New Zealand's Regulatory Processes
"Public Participation in New Zealand’s Regulatory Processes" in Susy Frankel and Deborah Ryder (eds) Recalibrating Behaviour: Smarter Regulation in a Global World (LexisNexis, Wellington, 2013). ,
Mark J. Bennett and Joel I. Colón-Ríos
Victoria University of Wellington - Faculty of Law and Victoria University of Wellington - Faculty of Law
Sovereignty and the Politics of Property
GlobalTrust Working Paper 10/2015
Eyal Benvenisti
Tel Aviv University, Faculty of Law
Property and Secrecy
Amnon Lehavi
Interdisciplinary Center Herzliyah - Radzyner School of Law
Meer Aandacht Voor Privacy in De Openbare Registers? (More Attention for Privacy in the Public Registers?)
NJB 2015/23, 1520-1527
Anna Berlee
Maastricht University - Faculty of Law
Negotiating Conduct and Compensation Agreements for Coal Seam Gas Operations: Developing the Queensland Regulatory Framework
(2014) 17 (1) Australasian Journal of Natural Resources Law and Policy 75-100
Laurence Boulle and Katherine A Curnow
Australian Catholic University (ACU) and T.C. Beirne School of Law, The University of Queensland
The Concept of 'Home' in Relation to a Professional's Office, According to the Jurisprudence of the European Court of Human Rights
Social Economic Debates, 2015, Vol. 4, No. 1
Andreea Seucan
Bucharest Academy of Economic Studies
The Analogy of Land Conflicts and Resettlement Schemes in Kenya
Antony Munene Kamakia
The Right to Not Be Excluded: Common Property and the Struggle to Stay Put
Bud Osborn (1999) ‘amazingly alive’ Hundred Block Rock, Arsenal Pulp Press, Vancouver, p. 10,
Nicholas Blomley
Simon Fraser University (SFU) - Department of Geography
Complex Industrial Uses, Community Engagement and Environmental Issues - Challenges of Planning for Ports in Queensland
Australian Environment Review LexisNexis, Forthcoming
Antra Hood and Matthew Roach
Minter Ellison and
Queensland Releases New Coastal Hazard Mapping: Implications for Local Governments and Developers
Local Government Reporter, 2015
Andrea Noble and Matthew Roach
Minter Ellison Lawyers, Rialto Towers and
The Palestinian Property Tax Law (Estate, Buildings and Lands)
Nidal Rashid Sabri
Birzeit University
From Registration of Deeds to Registration of Title: A History of Land Registration in Scotland
George L Gretton and Kenneth G C Reid, 'Land Registration' (Avizandum Publishing Ltd, Edinburgh; 2016 Forthcoming), Edinburgh School of Law Research Paper No. 2015/29
Kenneth Reid
University of Edinburgh - School of Law
Ownership of Minerals in Situ in South Africa: Australian Darning to the Rescue?
The South African Law Journal, 2010
Pieter Badenhorst
Deakin University - Deakin Law School
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