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Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener 2010 Bonnett, Fairbourn, Friedman & Balint PC

Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener

Michael N. Widener

The potential advantages (cash flow) to medical marijuana businesses and their landlords are apparent – yet superficially. This paper considers the path of prudent landlord navigation among regulators, creditors, insurers, tenants and neighboring landowners regarding leasing commercial premises to the medical marijuana entrepreneur, or “MME” for short. MME's present unique challenges to industrial, warehouse and other commercial project owners due to a complex web of federal, state and local controls over such operations, in addition to private covenants controlling permitted uses in multi-party real estate projects. The hazards of asset forfeiture and environmental liability are discussed in this paper. These ...


Climate Change And The Puget Sound: Building The Legal Framework For Adaptation, Robert Glicksman, Catherine O'Neill, Yee Huang, William Andreen, Robin Kundis Craig, Victor Flatt, William Funk, Dale Goble, Alice Kaswan, Robert R.M. Verchick 2010 Loyola University New Orleans

Climate Change And The Puget Sound: Building The Legal Framework For Adaptation, Robert Glicksman, Catherine O'Neill, Yee Huang, William Andreen, Robin Kundis Craig, Victor Flatt, William Funk, Dale Goble, Alice Kaswan, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.


The United States, Sebastian Braun 2010 University of North Dakota

The United States, Sebastian Braun

Sebastian Braun

According to the United States Census Bureau, approximately 4.9 million people in the U.S., or 1.6%, identified as Native American in combination with another ethnic identity in 2008. There are currently around 335 federally recognized tribes in the United States (minus Alaska), most of which have reservations as national homelands. More than half of American Indians live off-reservation, many in large cities.
American Indian nations are theoretically sovereign but limited by individual treaties and federal Indian law, which is in flux and often dependent on individual U.S. Supreme Court decisions. The government has treaty and trust ...


On Equality: The Anti-Interference Principle, Donald J. Kochan 2010 Chapman University School of Law

On Equality: The Anti-Interference Principle, Donald J. Kochan

Donald J. Kochan

This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. It argues ...


Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies 2010 Golden Gate University School of Law

Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies

Golden Gate University Environmental Law Journal

By juxtaposing five western states’ existing assured supply laws, this Article provides a preliminary assessment of whether, and how, assured supply laws can best promote sustainability—and, by extension, make at least one area of environmental law more like sustainability law. The Article reaches three principal conclusions. First, it finds that, as they appear to, assured supply laws in fact promote sustainability. Second, the extent to which assured supply laws likely promote sustainability greatly varies by state, because these laws’ policy designs also depend on the state of enactment. Finally, additional work is needed to provide a more concrete assessment ...


Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien 2010 Golden Gate University School of Law

Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien

Golden Gate University Environmental Law Journal

The purpose of this Article is to explore the preparation of Water Supply Assessments in the context of subsurface water supplies. The term “subsurface water supplies” is used here rather than “groundwater” because, as discussed below, the proponent of a development project may propose to utilize a subsurface water supply (such as water produced from beneath the surface of land via a well or a flowing spring) that is not properly classified as groundwater because it falls within the legal definition of subterranean stream flow. In such a case, the supply would be subject to the water rights permitting jurisdiction ...


Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace 2010 Golden Gate University School of Law

Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace

Golden Gate University Environmental Law Journal

The rise of the environmental movement and the growing public embrace of ecological values roughly coincided with the end of the dambuilding era. By the 1970s, most of the good sites for dams had already been taken, and those that remained, such as California’s North Coast rivers, were increasingly valued as natural and recreational resources that should be permanently protected. At the same time, California’s population continued to swell, from under 20 million in 1970 to nearly 38 million today. How did these trends affect water supply development in California? Among other impacts, the average time a major ...


Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein 2010 Golden Gate University School of Law

Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein

Golden Gate University Environmental Law Journal

Nearly ten years ago, California’s Legislature enacted Senate Bill (SB) 610, a new law requiring that any proposed large development project receiving local land use approvals be supported by a Water Supply Assessment demonstrating available water supply to meet the project’s 20-year forecast water demand. While some, perhaps most, proposed large development projects are within the service territory of large, public or private municipal water purveyors whose entitlement to the water they deliver is well-established (though not necessarily adequate or secure), developments outside the service territory of such water purveyors can require more scrutiny of the underlying water ...


Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak 2010 Golden Gate University School of Law

Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak

Golden Gate University Environmental Law Journal

This Article reviews the effectiveness of California’s strategy of using enabling legislation and passive enforcement to encourage more integrated local water and land use planning. To shed light on the effectiveness of the current policy framework, the Article begins with a critical overview of the Urban Water Management Planning process, drawing on a detailed analysis of plans submitted in the early 2000s. It then evaluates how water supply assessments are proceeding, with a particular emphasis on steps used to identify adequacy, drawing on telephone surveys of land use authorities and water utilities conducted by the author in 2004 and ...


The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose 2010 Golden Gate University School of Law

The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose

Golden Gate University Environmental Law Journal

This Article will survey and analyze this 2007 California Supreme Court decision and the key appellate court cases leading up to and following it, all of which address the relationship between land use planning and water supply planning under CEQA. The Article will also address a subsequent California Supreme Court decision addressing the adequacy of the EIR for one of the most significant water supply programs in recent decades, the so-called CALFED Record of Decision, which reflected, as of the year 2000, a long-term strategy for addressing ecological problems occurring in the Sacramento-San Joaquin River Delta while increasing the reliability ...


Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin 2010 Golden Gate University School of Law

Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin

Golden Gate University Environmental Law Journal

No abstract provided.


How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock 2010 Golden Gate University School of Law

How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock

Golden Gate University Environmental Law Journal

The paradox of California is that growth is concentrated in arid southern California but most of the state’s water supply, with the exception of the Colorado and Owens Rivers, originates in the north. This has meant that the state has had to bring massive amounts of water to the south to support the state’s celebrated continued population growth in order to compensate for California’s “bad hydrology.”1 From 1940 to 2007, California’s population increased from 6,950,000 to 37,786,000, and that growth has stressed the state’s capacity to meet the demand for ...


Planning And Practice - The Rooftops Project: Report Summarizing Results Of A Survey Of Not-For-Profit Organizations, James Hagy 2010 New York Law School

Planning And Practice - The Rooftops Project: Report Summarizing Results Of A Survey Of Not-For-Profit Organizations, James Hagy

Rooftops Project

The Rooftops Project's first national field study of the attitudes and approaches of not-for-profit organizations with respect to the owned, leased or hosted real estate that supports their core missions and operations.


The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko 2010 University of Georgia School of Law

The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko

Land Use Clinic

The purpose of this guidebook is to provide a tool for local governments, community organizations and individuals that are considering launching or reinvigorating a greenway development project.

Section II of this guidebook explains the concept and use of greenways, as well as many of important steps and considerations for developing greenway projects from inception to completion.

Potential greenway corridors in Georgia are explored in Section III, such as riparian corridors, interstate and highway rights-of-way, railway corridors, fuel pipeline easements, and transmission line easements along high-tension power lines.

Part IV explores aspects of greenway project development, including the need to create ...


2010: A Second Odyssey Into Arkansas Land-Use Law, Buckley W. Bridges 2010 University of Arkansas at Little Rock William H. Bowen School of Law

2010: A Second Odyssey Into Arkansas Land-Use Law, Buckley W. Bridges

University of Arkansas at Little Rock Law Review

No abstract provided.


The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake 2010 Pacific Legal Foundation

The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake

Luke A. Wake

In legal academia, there are various claims as to the proper role of the courts and the standard of review to be employed in evaluating claims of right. These competing judicial philosophies have been the subject of great debate in recent years. Yet underlying these debates is the question of rights and whether men are entitled, in justice, to assurances of personal autonomy, or whether the concept of rights is a mere legal fiction.

In a recent article in the Journal of Law and Philosophy, Evan Fox-Decent argues that individuals are entitled, at a minimum, to certain guarantees of bodily ...


San Francisco's Neighborhood Commercial Special Use District Ordinance: An Innovative Approach To Commercial Gentrification, Mark Cohen 2010 Golden Gate University School of Law

San Francisco's Neighborhood Commercial Special Use District Ordinance: An Innovative Approach To Commercial Gentrification, Mark Cohen

Golden Gate University Law Review

What follows in this article is a discussion of: (1) the problems that have resulted in ten of San Francisco's neighborhood commercial streets due to economic revitalization that has been rapid and disorganized; (2) the City of San Francisco's attempt to deal with these problems by means of the Neighborhood Commercial Special Use District ordinance currently in effect; (3) how the provisions of the ordinance work; (4) the legal issues involved; and, (5) the planning and sociological principles the ordinance seeks to advance.


Bozung V. Lafco: Municipal Boundary Changes And The California Environmental Quality Act, Henry Michael Domzalski II 2010 Golden Gate University School of Law

Bozung V. Lafco: Municipal Boundary Changes And The California Environmental Quality Act, Henry Michael Domzalski Ii

Golden Gate University Law Review

No abstract provided.


Construction Industry Ass'n Of Sonoma County V. City Of Petaluma: Constitutional Limitations Placed On Controlled Growth Zoning, Harriet Parker Bass, Judith Bazeley 2010 Golden Gate University School of Law

Construction Industry Ass'n Of Sonoma County V. City Of Petaluma: Constitutional Limitations Placed On Controlled Growth Zoning, Harriet Parker Bass, Judith Bazeley

Golden Gate University Law Review

No abstract provided.


Development Rights Transfer In Livermore: A Planning Strategy To Conserve Open Space, Patricia Sheehan Peterson, Gerald Richards 2010 Golden Gate University School of Law

Development Rights Transfer In Livermore: A Planning Strategy To Conserve Open Space, Patricia Sheehan Peterson, Gerald Richards

Golden Gate University Law Review

No abstract provided.


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