The issue of environmental sustainability is a controversial and extremely diverse multi-faceted topic that ranges from questions as to how to ensure that adequate investment in energy R&D and infrastructure will be undertaken, to state level renewable portfolio standards, to the impact of...

The literature existing on entrepreneurship implicitly assumes that entrepreneurship and government and economic growth are positively related with each other and there is a positive correlation among them. However, few studies, whether theoretical or empirical, analyze such relation in an...

Wind rights and access to natural wind flow raise important legal issues, policy questions, opportunities, and financial risks for landowners, their neighbors, and for wind facility developers. This is particularly evident with respect to the phenomenon called wake effect (downwind effect) that...

Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But, we have drifted far from this ideal....

Municipal zoning practices profoundly shape urban life in the United States. In regions such as Silicon Valley, regulatory barriers to residential construction have helped raise house prices to roughly ten times the national median. These astronomic prices have prompted some households to move...

"Regulatory property" is the right to engage in specified activities, made valuable by government prohibitions against competitors, and protected by de jure or de facto status as property. This Article explores regulatory property and focuses upon its applications in land use regulation. It...

This chapter of the edited collection 'Settling With Indigenous People' examines the recent history of Aboriginal land claims, self-government and resource development agreements in Canada's Northwest Territories. Through an analysis of the changing political and legal landscape of the Northwest...

One of the principal, if unexpected, results of the Supreme Court's 1992 decision in Lucas v. South Carolina Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense to takings claims. Our writings on the background principles defense have...

This Article examines the history of Canadian environmental law in order to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article...

The Columbia River Gorge, a spectacularly beautiful canyon along the border of Oregon and Washington, has for the past two decades, been the scene of a largely unnoticed experiment in land-use federalism. In 1986, to protect the Gorge from unwise development, Congress enacted the Columbia River...