Category Archives: Land use and Environment
Lloyd Brown, ‘Trustee personal liability for contaminated land remediation: the UK position’
ABSTRACT Part IIA of the Environmental Protection Act 1990 creates a liability risk for trusts and trustees. Trustees may indeed be found liable pursuant to Part IIA’s definition of an ‘owner’ of contaminated land. This definition includes trustees to avoid the situation of people evading liability by transferring affected land into trust funds. However, the […]
Noah Austin, ‘Resolving Land Use Conflicts Without Zoning’
ABSTRACT This Note presumes the rise of mixed-use development, upzoning, and other deregulatory zoning schemes. It sets aside the question of whether the costs of exclusionary zoning outweigh its benefits to society. And it characterizes the return-of-nuisance problem as something to be mitigated while pursuing land use deregulation, not as a cause for slowing that […]
Joseph Schremmer, ‘Subsurface Trespass in the Restatement (Fourth) of Property’
ABSTRACT Building on the scholarly work of leading property theorists Henry Smith and Thomas Merrill, the recently approved Fourth Tentative Draft of the Restatement (Fourth) of Property prescribes treating all entries below ground as ordinary trespasses. That includes entries in the shallow subsurface by tree roots, building foundations, and utility lines, as well as invasions […]
Just Published: Fraud and Risk, Carbon-Free Shipping, Green Shipping Contracts
Fraud and Risk in Commercial Law, edited by Paul S Davies and Hans Tjio, Hart Publishing, August 2024, 9781509970759. This book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and ‘failure to prevent’ economic crime, abuse of business entities, insolvency […]
Dimitrios Devetzis, ‘The Role of Private Law in Sustainable Development: Improving Sustainability through an Effective Anagnosis of US Contract Law’
ABSTRACT Sustainability is often seen as a problematic which does not involve social sciences and – mainly – the law, the role of which is many times limited to some restriction measures enacted through public law provisions, in order to set up the limits of non-environmental friendly practices and enact some prohibitions. Nevertheless, private law, […]
Nicholas Mouttotos, ‘The UNIDROIT Principles on International Commercial Contracts and sustainable development’
ABSTRACT A number of motivations currently drive multinational corporations to the inclusion, monitoring, and enforcement of contract requirements for sustainability. These can be either as a result of investor demand for environment, social, and governance policies; regulatory requirements for inclusion of such contract stipulations; or the increasing litigation for conduct leading to environmental harm, but […]
Christopher Arvidsson, ‘Quistclose trusts and green projects’
ABSTRACT This article analyses the relevance of Quistclose trusts in a situation in which lenders make green finance available to borrowers for environmentally sound and sustainable projects. This examination highlights how a transaction can be structured to increase the likelihood of such a trust being recognised. This article will also consider green loans (as defined […]
‘The Wealth Planning Climate’
Trace Brooks, ‘Incorporating Social Justice and Environmental Sustainability into Estate Planning Through Conservation Easements’, 49 ACTEC Law Journal 1 (2023); Carla Spivack, ‘Estate Planning for the Apocalypse’, 49 ACTEC Law Journal 85 (2023). Climate change and environmental justice are topics that thread through and are pushing the boundaries of legal inquiry in multiple doctrinal areas. […]
‘Climate Conscious Advocacy and Perpetual Burdens’
Carla Spivack, ‘Estate Planning for the Apocalypse’, 49 ACTEC Law Journal 85 (2023). A billionaire invests in human cryopreservation so that his head may be preserved in hopes of his entire person being revived later. His head, and his favorite dog, will be preserved at minus 320 degrees Fahrenheit in a cylindrical tank filled with […]
Kaplan and Lifshitz, ‘Energising Private Law, Introduction to Symposium’
ABSTRACT The world faces an unprecedented challenge: a comprehensive and swift energy transition is necessary to achieve crucial policy goals and protect our societies from the impending climate crisis. Given the enormity of this task, we must utilise all available legal tools. This volume underscores the significance of bringing private law to bear on issues […]