Authors:Dr. Sharlene A. McEvoy Abstract: There is an ongoing trend across the United States for athletic fields and playgrounds to install crumb rubber in lieu of natural grass surfaces. There are conflicting studies as to whether this material is safe and if continuous exposure can lead to cancer in those who use these play areas. PubDate: Thu, 13 Sep 2018 13:51:07 PDT
Authors:Brady Getlan Abstract: In recent years, due to the emerging technology in the field of Unmanned Aviation Systems “Drones”, the laws of drones have come to the foreground of legal analysis. Since 2012, the Federal Aviation Administration (FAA) has set out various guidelines for numerous aspects of drone usage and ownership. The rules and guidelines for drones vary depending on whether the drone is being used for recreational use, or for commercial use. This article will focus on the laws and regulations associated with personal drone usage, and the legal impact of a recent federal case, Boggs v. Merideth. PubDate: Thu, 13 Sep 2018 13:50:51 PDT
Authors:Jeffrey Kleeger Abstract: Law promises much but does not always deliver. It promises due process, equal protection, equity, and personal autonomy—but many individuals leave litigation uncured. The trend in recent years has been increasing privatization of law coupled with diminution of private right. This paper explores ways to secure private rights despite privatization of law by enhancing the rigor of judicial review of state action. Law is one of several social systems operating in an environment of limited resources. Access to oil and gas is, today, more controversial, difficult, and expensive than ever before because of increased environmental regulations created under the Obama Administration. Those regulations are currently under review by President Trump and some will be reversed. The easiest to extract oil and gas is long gone, but because the economy depends on energy, it is essential that a policy in support of economic development be crafted.Environmental law regulations are necessary to protect the environment, but they do make extraction of energy resources difficult and costly. The privatization of law in oil and gas land use development is analyzed through the lens of takings. The result is public law positioned against private rights. The failed-now-revived Keystone XL and Dakota Access Pipeline projects provide useful lessons in the development of administrative and takings law, judicial review, delegation, and separation of powers. PubDate: Tue, 06 Jun 2017 14:35:34 PDT
Authors:Charlotte Clarke Abstract: The focus of this paper pertains to a relatively new concept known as a Community Benefits Agreement (hereinafter “CBA”). Although this concept was born in the nineties, for the purpose of addressing the impacts of development projects on communities, CBAs recently gained momentum as a result of cities and municipalities becoming increasingly popular for large scale developments such as sports arenas and high rise apartment buildings. At their inception CBAs allowed communities to negotiate directly with developers, and gave communities the opportunity to address problems associated with a development project. CBAs are defined differently depending on whom one asks, however, generally a CBA is a contract or agreement between a developer and a community group or community coalition in the area a developer plans to build. CBAs contain a set of guidelines or rules that developers should abide by to ensure that the community benefits from the project or proposed development.A development project can produce many positive outcomes for municipalities and states alike, such as: government attention, increased services to neighborhoods involved in the development, building restoration, entertainment, an increased tax base, and an increased property value. However, such development also causes gentrification. Generally speaking, gentrification is an influx of more affluent residents which disproportionately changes the demographic of a particular area, causing the previous residents to relocate. Development projects cater to individuals in a higher socioeconomic status by offering expensive retail and entertainment options. This causes the displacement of many residents who can no longer afford to live in their communities, or surrounding neighborhoods, as a result of a project increasing property values or increasing the base rent for a particular area. Urban development highlights gentrification, displacement, and low community involvement. PubDate: Tue, 06 Jun 2017 14:35:31 PDT
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