The Experts below are selected from a list of 34791 Experts worldwide ranked by ideXlab platform
Blaesser, Brian W. - One of the best experts on this subject based on the ideXlab platform.
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Federal Land Use Law and Litigation
EngagedScholarship@CSU, 2021Co-Authors: Weinstein Alan, Blaesser, Brian W.Abstract:Recent decisions by the U.S. Supreme Court, particularly its rulings on eminent domain and takings, require real estate and land use attorneys to have a thorough understanding of applicable federal law. Local Governments must now take into account rights protected by the First, Fifth, and Fourteenth Amendments when considering regulation of private property. Federal Land Use Law & Litigation is the first in-depth work to analyze the complexities of this evolving practice area. This edition continues to highlight the pivotal federal constitutional and statutory limits affecting local land use and development controls. Features and benefits include: Covers the Takings Clause, including regulatory takings, physical invasion, judicial takings, and eminent domain. Examines First Amendment limitations on land use controls involving freedom of speech and religion, with emphasis on the Religious Land Use and Institutionalized Persons Act (RLUIPA). Provides expanded coverage of federal environmental laws affecting land use regulation. Discusses litigation strategies and remedial issues, with examples of federal remedies and attorney fees, availability of damages, and Government Liability/immunity issues. The volume allows fast, easy, and on-point research and includes a table of contents, a detailed index, and a table of cases.https://engagedscholarship.csuohio.edu/fac_books/1064/thumbnail.jp
Weinstein Alan - One of the best experts on this subject based on the ideXlab platform.
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Federal Land Use Law and Litigation
EngagedScholarship@CSU, 2021Co-Authors: Weinstein Alan, Blaesser, Brian W.Abstract:Recent decisions by the U.S. Supreme Court, particularly its rulings on eminent domain and takings, require real estate and land use attorneys to have a thorough understanding of applicable federal law. Local Governments must now take into account rights protected by the First, Fifth, and Fourteenth Amendments when considering regulation of private property. Federal Land Use Law & Litigation is the first in-depth work to analyze the complexities of this evolving practice area. This edition continues to highlight the pivotal federal constitutional and statutory limits affecting local land use and development controls. Features and benefits include: Covers the Takings Clause, including regulatory takings, physical invasion, judicial takings, and eminent domain. Examines First Amendment limitations on land use controls involving freedom of speech and religion, with emphasis on the Religious Land Use and Institutionalized Persons Act (RLUIPA). Provides expanded coverage of federal environmental laws affecting land use regulation. Discusses litigation strategies and remedial issues, with examples of federal remedies and attorney fees, availability of damages, and Government Liability/immunity issues. The volume allows fast, easy, and on-point research and includes a table of contents, a detailed index, and a table of cases.https://engagedscholarship.csuohio.edu/fac_books/1064/thumbnail.jp
Martin Kellner - One of the best experts on this subject based on the ideXlab platform.
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rethinking sovereign immunity in the u s federal tort claims act how Government Liability may serve the rule of law
Journal of Interdisciplinary Economics, 2009Co-Authors: Martin KellnerAbstract:The U.S. Federal Tort Claims Act is limited by a number of exceptions pursuant to which the Government is not subject to Liability, even if a private person could be liable under the same circumstances. These exceptions include the discretionary function exception, which bars a claim based “upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.†However, a broad interpretation of the discretionary function exception can be harmful to the implementation of the law because it restricts Government agents’s responsibility. Scholars argue that the separation of powers principle requires a limitation of Governmental liablity because courts must accept the decision that agencies make when implementing the law. But separation of powers does not protect unlawful administrative conduct. Rather, the possibility of tort Liability can give a negative economic incentive to Government agents to avoid violation of the legal requirements. Since the deterrence conception of tort law can help to maintain the rule of law, constitutional considerations ague in favour a broader Government Liability and a narrow interpretation of the discretionary function exception.
Holms, Kiersten E. - One of the best experts on this subject based on the ideXlab platform.
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This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under CERCLA
Washington & Lee University School of Law Scholarly Commons, 2019Co-Authors: Holms, Kiersten E.Abstract:Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership Liability under CERCLA and recounts the federal courts’ difficulty in applying ownership Liability. Part II then describes how the federal Government’s “bare legal title” argument arose out of the confusion surrounding ownership Liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal Government’s bare legal title argument, thus holding the federal Government liable as an owner based on its possession of legal title to contaminated public lands. Part IV analyzes whether the bare legal title defense is consistent with CERCLA, taking the position that the defense is not. Finally, Part V contends that federal Government Liability for its role as titleholder of public lands should extend beyond the context of contaminated mining lands. Ultimately, this Note argues that the recent court decisions rejecting the Government’s bare legal title defense are consistent with CERCLA. Courts should not treat the federal Government any differently than a private entity and, therefore, courts should hold the federal Government liable as an owner under CERCLA for its role as legal titleholder to public lands
Li-gang Liu - One of the best experts on this subject based on the ideXlab platform.
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Government Guarantees Behind Banks: International Evidence from the Ratings by
2004Co-Authors: Giovanni Ferri, Li-gang LiuAbstract:[do not quote without the authors ’ permission; comments welcome] To gauge Governments ’ contingent liabilities behind banking systems, we employ: Sovereign ratings (SOVBD); bank’s financial strength ratings (assessing solidity without external support; BFSR); bank’s overall credit ratings (Government support reduces default probabilities; BDCR). We find: 1) BDCR and SOVBD are positively correlated, much more in developing countries, where sovereign guarantees may reduce banks ’ cost of capital; 2) our new Government Liability index (LI), decomposing BDCR into the contributions of BFSR and SOVBD, implies large potential liabilities; 3) institutional arrangements affect LI, moral hazard and systemic risks at banks; 4) contrary to high-incom
