North America United States California
Berkeley
275 published works
CEQA Developments
CEQA Categorical Exemptions Defeated by Mere “Fair Argument” of Impact, First District Holds
In a CEQA challenge to the City of Berkeley’s approvals to demolish an existing single-family home and replace it with a larger one and an attached 10-car garage, Division 4…
Environmental and Climate
Applying the Fair Argument Test, Court holds that Construction of a Large Single-Family Home was Not Exempt from CEQA Because the Unusual Circumstances Exception Applied
In Berkeley Hillside Preservation v. City of Berkeley (2012) 203 Cal. App. 4th 656, the Berkeley Zoning Adjustment Board (Board) determined that a new roughly 10,000 square foot home in…
PropertyProf Blog
The Public Trust & the Occupy Movement
By propertyprof
Gina Patnaik has posted an illuminating meditation on the applicability of the Public Trust Doctrine to the Occupy protesters:[W]e, the academic community of UC-Berkeley, are acting upon a constitutional mandate…
PropertyProf Blog
Rausch on Abortion and Property Rights
By propertyprof
Rebecca Rausch (Seattle - Teaching Fellow) has posted Reframing Roe: Property Over Privacy (Berkeley Journal of Gender, Law & Justice) on SSRN. Here's the abstract:Roe v. Wade has received much…
The Right Coast
The. best. pizza. ever. Tom Smith
Completely communist I'm sure. We were up there visiting UC Berkeley and my nephew-in-law suggested this place. Not much to look at, but the pizza induced that kind of eating…
Land Use Law Blog
The Normal Rules Don’t Apply When it Comes to Affordable Housing Projects
By Cori Badgley After a challenge based on the density bonus law and the California Environmental Quality Act (CEQA), a mixed-use affordable housing or senior affordable housing project (depending on…
Land Use Prof Blog
The Short Leg of the Stool
A three-legged stool is often used as a metaphor for sustainability. Although the legs are described in a variety of ways, they are generally some derivation of: environmental friendliness, economic…
Securities Law Prof Blog
Dan-Cohen on Sanctioning Corporations
Sanctioning Corporations, by Meir Dan-Cohen, University of California, Berkeley - School of Law, was recently posted on SSRN. Here is the abstract:The question of corporate criminal liability should be split…
ImmigrationProf Blog
INSIDE OUT: THE NEW BORDERS ON IMMIGRATION POLICY
With the Asian American Law Journal, Berkeley Journal of Criminal Law, Berkeley Journal of Gender, Law & Justice and Berkeley La Raza Law Journal, the California Law Review presents: Inside…
Land Use Prof Blog
Environmental Advocates Split on Density…
Apparently, some within the environmental movement disagree whether compact and higher density developments oriented around mass transit are really worth the greenspace-saving benefit they bring:But, increasingly, even the staunchest environmentalists…