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Holding

The Clean Water Act governs discharges to "navigable waters." Although the law contains language defining navigable waters as "waters of the United States," the U.S. Supreme Court rejected the position of the Army Corps of Engineers that its authority over water was essentially limitless under the Clean Water Act.

In Rapanos v. United States, the Supreme Court clarified that the term "waters of the United States" "includes only those relatively permanent, standing or continuously flowing bodies of water 'forming geographic features' that are described in ordinary parlance as 'streams[,] ... oceans, rivers, [and] lakes.'"

All waters with a "significant nexus" to "navigable waters" are covered under the CWA; however, the words "significant nexus" remains open to judicial interpretation and considerable controversy. Some regulations included water features such as intermittent streams, playa lakes, prairie potholes, sloughs and wetlands as "waters of the United States"

In Rapanos v. United States, the Army Corps of Engineers applied that broad definition, seeking millions of dollars in fines and penalties from John A. Rapanos in Michigan who drained and filled 22 acres of wetland with sand despite warnings from the Michigan Department of Natural Resources (MDNR), the advice of his own private consultant, a cease-and-desist letter from the MDNR, and finally an administrative compliance order from the EPA. The Army Corps of Engineers claimed that by filling the wetland he had discharged a pollutant into the "waters of the United States." The US. Supreme Court rejected that position in a 4-1-4 plurality, holding that isolated wetlands could not be considered "waters of the United States" for purposes of the CWA.

In Rapanos, the Corps of Engineers contended that it had regulatory jurisdiction because of a hydrological connection between the property’s wetlands and a navigable river several miles away. The Supreme Court, voting 5 to 4, held that this “hydrological connection” theory was an inadequate basis for asserting jurisdiction. In reaching that result, however, the Court did not produce a single majority opinion. Justice Scalia, writing for three other justices, authored a plurality opinion. Justice Kennedy, providing the fifth vote, authored a separate concurring opinion.

Suitum v. Tahoe Regional Planning Agency

Suitum v. Tahoe Regional Planning Agency
Supreme Court of the United States
Argued February 26, 1997 Decided May 27, 1997
Full case name	Bernadine Suitum v. Tahoe Regional Planning Agency
Citations	520 U.S. 725 (more)
Case history
Prior	Suitum v. Tahoe Regional Planning Agency, 80 F.3d 359 (9th Cir. 1996), cert. granted, 519 U.S. 926 (1996).
Holding
A landowner’s claim for just compensation under the Fifth Amendment’s takings clause was ripe for adjudication despite the availability of transferable development rights (TDRs). The landowner was not required to obtain or attempt to sell a regulatory agency’s TDRs to ripen her claim for a regulatory taking, since the agency had no further discretion to allow any development of the property. A three-justice concurrence would have added that the availability and value of TDRs would be relevant only to determine the amount of compensation due, not whether the agency was liable for a taking.
Court membership
Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
Case opinions
Majority	Souter
Concurrence	Scalia, joined by O'Connor, Thomas

Suitum v. Tahoe Regional Planning Agency, 520 U.S. 725 (1997) is a United States Supreme Court decision that clarified the requirement that property owners must receive a final decision concerning permissible uses of their property before they can sue for just compensation under the takings clause of the Fifth Amendment to the United States Constitution. The Court found that the "final decision" requirement of Williamson County Regional Planning Commission v. Hamilton Bank of Johnson County, 473 U.S. 172 (1985) is satisfied when the regulatory body has no further discretion to permit any use of the property in question, regardless of whether the landowner may qualify for transferable development rights (TDRs).

Background

Yada dada dada dee . . .

References

Analysis by Supreme Court Counsel:
Lazarus, Richard J. 1997. Litigating Suitum v. Tahoe Regional Planning Agency in the United States Supreme Court. 12 Journal of Land Use and Environmental Law 12:179.

Radford, R.S. 1999. Takings and Transferable Development Rights in the Supreme Court: The Constitutional Status of TDRs in the Aftermath of Suitum. Stetson Law Review 28:685.

Other:
Bennett, Matthew W. 1988. Recent Development, Suitum v. Tahoe Regional Planning Agency, 117 S. Ct. 1659 (1997). Stetson Law Review 27: 986.

Cross, Kevin J. 1998. Case Note, Just a Little Longer Mrs. Suitum, Your Case Is Just About Ripe for Review: Suitum v. Tahoe Regional Planning Agency. 9 Villanova Environmental Law Journal 9:439.

Haffner, Julia C. 1997. Note, Suitum v. Tahoe Regional Planning Agency: The United States Supreme Court Revisits Ripeness in the Regulatory Takings Context. Tulane Environmental Law Journal 11:129.

Heise, James Todd. 1997. Suitum v. Tahoe Regional Planning Agency: Unlawful Taking Action Ripe for Adjudication Despite Failure to Attempt to Sell Transferable Property Rights, University of Baltimore Journal of Environmental Law 6:149.

Hitchcock, Michael B. 1998. Note, Suitum v. Tahoe Regional Planning Agency: Applying the Takings Ripeness Rule to Land Use Regulations and Transferable Development Rights, 28 Golden Gate University Law Review 28:87.

Juergensmeyer, Julian Conrad, James C. Nicholas and Brian D. Leebrick. 1998. Transferable Development Rights and Alternatives After Suitum, The Urban Lawyer 30:441.

McAllister, Melissa. 1997. Case Summary, Suitum v. Tahoe Regional Planning Agency, 117 S.Ct. 1659 (1997), Missouri Environmental Law & Policy Review 5:43.

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References

Bellinger, Gerhard J. (1997). Knaurs Lexikon der Mythologi Weltbild/Bechtermünz, Augsburg, ISBN 3828941559.
Lindow, John (2001). Handbook of Norse Mythology. ABC-CLIO, Santa Barbara, California: ISBN 1576072177.
Orchard, Andy (1997). Dictionary of Norse Myth and Legend. Cassell, London: ISBN 0304345202.
Simek, Rudolf (1993). Dictionary of Northern Mythology. D.S. Brewer, Cambridge: ISBN 0859915131.
Turville-Petre, E.O.G. (1964). Myth and Religion of the North: The Religion of Ancient Scandinavia. Holt, Rinehart, New York: ISBN 0837174201.

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Galinn Grund Viking Center

The Galinn Grund Viking Center is a nonprofit educational foundation incorporated in the United States of America. The center's objectives are to ... northern European pre-Christian history, culture and spiritual values. In pursuit of these objectives, the center maintains a library and the Galinn Grund Online web site [1] . . . ,

Northvegr's focus encompasses the span of time corresponding to the northern European Iron Age until the early mediaeval Age. They interpret that period to be from the eighth century BCE to the twelfth century CE. The geographical regions in their area of focus tend to those with Celtic and/or Germanic peoples as the dominant culture group present during that period of time.

-- Spell out different bibliographies, conference notices, best/worst lists.

See also

• Norse mythology
• Norse sagas

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Rent control Bibliography

• Rent Control: Myths & Realities (W. Block & E. Olsen eds., 1981).

• Residential Rent Controls: An Evaluation (A. Downs, 1988).

• McPherson, Guy, Note, It’s the End of the World as We Know It (And I Feel Fine): Rent Regulation in New York City and the Unanswered Questions of Market and Society, 72 Fordham L. Rev. 1125-1169 (2004).

• Radford, R. S., Why Rent Control Is a Regulatory Taking, 6 Fordham Envt’l. L.J. 755 (1995).

• Allan D. Heskin, Ned Levine, Mark Garrett, The Effects of Vacancy Control: A Spatial Analysis of Four California Cities, in Journal of the American Planning Association

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Lotte Motz

Lotte Motz (August 16, 1922 – December 24, 1997) was an Austrian-American scholar who published five books and scores of scholarly papers, primarily in the fields of Norse mythology and folklore.

Forced to flee her native Austria upon the rise of the Nazis, Motz earned her B.A. from Hunter College and did her graduate work at Stanford University and the University of Wisconsin, obtaining a Ph.D. in German and philology from the latter institution in 1955. She taught at Brooklyn College and Hunter College. Her research interests came to focus on female figures in Norse and Germanic mythology, especially the nature and function of giantesses in that tradition. Motz was one of the first scholars to seriously question the tri-functional theory of Georges Dumézil, demonstrating the inadequacy of that paradigm to explain many aspects of the Norse myths, in particular.

Motz was posthumously honored with a conference held in her memory at Bonn University in 1999, which led to the publication of a commemorative volume of scholarly works on female entities in Northern mythology.

Sources

• Edlis, Herbert, Anna Motz and Rudolf Simek, “Lotte Motz.” Saga-Book 25:217-218 (1999).
• “Introduction: In Honour of Lotte Motz.” Mythological Women: Studies in Memory of Lotte Motz (1922-1997), ed. Rudolf Simek and Wilhelm Heizmann. Wien: Fassbaender, 2002, pp. 7-11. ISBN 3900538735.

Selected works

• "Female Characters of the Laxdoela Saga." Monatshefte 55(4): 162-166 (1963).
• "New Thoughts on Dwarf-Names in Old Icelandic." Frühmittelalterliche Studien 7:100-117 (1973).
• "Withdrawal and Return: A Ritual Pattern in the Grettis Saga." Arkiv för nordisk filologi 88:91-110 (1973).
• "Of Elves and Dwarfs." Arv 29/30:93-127 (1973/1974).
• "The King and the Goddess: An Interpretation of Svipdagsmal." Arkiv för nordisk filologi 90:133-150 (1975).
• "Burg-Berg, Burrow-Barrow." Indogermanische Forschungen 81:204-220 (1976).
• "The Craftsman in the Mound." Folklore 88:46-60 (1977).
• "Snorri's Story of the Cheated Mason and Its Folklore Parallels." Maal og Minne 1977:115-122.
• "Driving Out the Elves: A Euphemism and a Theme of Folklore." Frühmittelalterliche Studien 13:439-441 (1979).
• "The Rulers of The Mountain: A Study of the Giants of the Old Icelandic Texts." Mankind Quarterly 20: 393-416 (1979-1980).
• "Old Icelandic Völva: A New Derivation." Indogermanische Forschungen 85:196-206 (1980).
• "Sister in the Cave: The Stature and the Function of the Female Figures of the Eddas." Arkiv för nordisk filologi 95:168-182 (1980).
• "Gerðr: A New Interpretation of the Lay of Skirnir." Maal og Minne 1981:121-136.
• "Giantesses and their Names." Frühmittelalterliche Studien 15:495-511 (1981).
• "Aurboða-Eyrgjafa: Two Icelandic Names." Mankind Quarterly 22:93-105 (1981).
• "Giants in Folklore and Mythology: A New Approach." Folklore 93:70–84 (1982).
• "The Chanter at The Door." Mankind Quarterly 22:237-256 (1982).
• "Freyja, Anat, Ishtar and Inanna: Some Cross-Cultural Comparisons." Mankind Quarterly 23:195-212 (1982).
• "The Northern Heritage of Germanic Religion." Mankind Quarterly 23:365-382 (1983).
• The Wise One of the Mountain: Form, Function and Significance of the Subterranean Smith: A Study in Folklore. Göppingen: Kümmerie 1983. ISBN 3874525988.
• "Giants and Giantesses:A Study in Norse Mythology and Belief." Amsterdamer Beiträge zur älteran Germanistik 22:83-108 (1984).
• "Gods and Demons of the Wilderness: A Study in Norse Tradition." Arkiv för nordisk filologi 99:175-187 (1984).
• "The Winter Goddess: Percht, Holda and Related Figures." Folklore 95:151-166 (1984).
• "Trolls and the Æsir: Lexical Evidence concerning North Germanic Faith." Indogermanische Forschungen 89:179-195 (1984).
• "Oðinn and the Giants: A Study in Ethno-Cultural Origins". Mankind Quarterly 25:387-418 (1985).
• "New Thoughts on Volundarkviða.” Saga-Book 22:50-68 (1986).
• "The Divided Image: A Study of the Giantesses and Female Trolls in Norse Myth and Literature." Mankind Quarterly 27:463-478 (1987).
• "Old Icelandic Giants and their Names." Frühmittelalterliche Studien 21:295-317 (1987).
• "The Families of Giants." Arkiv för nordisk filologi 102:216–236 (1987).
• "The Storm of Troll-Women." Maal og Minne 1988:31-41.
• "The Sacred Marriage: A Study in Norse Mythology, Languages and Cultures.” Languages and Cultures: Studies in Honor of Edgar C. Polomé, ed. Mohammad Ali Jazayery and Werner Winter. Berlin & New York: Mouton de Gruyter, 1988, pp. 449-459. ISBN 089925442X.
• "The Divided Image: A Study of the Giantesses and Female Trolls in Norse Myth and Literature." Mankind Quarterly 27:463-478 (1989).
• "The Conquest of Death: The Myth of Baldr and Its Middle Eastern Counterparts." Collegium Medievale 4:99-116 (1991).
• "The Cosmic Ash and other Trees of Germanic Myth." Arv 47:127-141 (1991).
• "The Goddess Nerthus: A New Approach." Amsterdamer Beiträge zur älteran Germanistik 36:1-19 (1992).
• "The Goddess Freyja.” Snorrastefna, 25-27 júlí 1990, ed. Úlfar Bragason. Reykjavik: Stofnun Sigurðar Nordals, 1992, pp. 163-178 ISBN 9979540435.
• "New Thoughts on an Archaic Artifact." Mankind Quarterly 32:231-240 (1992).
• "The Host of Dvalinn: Thoughts on Some Dwarf-Names in Old Icelandic.” Collegium Medievale 6:81-96 (1993).
• "Gullveig's Ordeal: A New Interpretation.” Arkiv för nordisk filologi 108: 80-92 (1993).
• The Beauty and the Hag: Female Figures of Germanic Faith and Myth. Wien: Fassbaender, 1993. ISBN 3900538409.
• "þorr's River Crossing." Saga-Book 23:469-487 (1993).
• Entries in Medieval Scandinavia: An Encyclopedia, ed. Phillip Pulsiano. New York: Garland, 1993. ISBN 0824047877:

"Supernatural Beings 1. Elves, Dwarfs and Giants," pp. 622-623.

"Svipdagsmal," p. 629.

"Völundr," p. 713

• "The Magician and His Craft." Collegium Medievale 7:5-31 (1994; publ. 1995).
• "The Hammer and the Rod: A Discussion of þorr's Weapons." Germanic Studies in Honor of Anatoly Liberman, ed. Kurt Gustav Goblirsch, Martha Berryman Mayou, and Marvin Taylor. Odense: Odense University Press, 1996, pp. 243-252. ISBN 8778383595.
• The King, the Champion and the Sorcerer: A Study in Germanic Myth. Wien: Fassbaender, 1996. ISBN 3900538573.
• "Kingship and the Giants." Arkiv för nordisk filologi 111:73–88 (1996).
• "Note on a Bracteate from Trollhättan." Collegium Medievale 9:153-155 (1996).
• "The Power of Speech: Eddic Poems and their Frames." Amsterdamer Beiträge zur älteran Germanistik 46:105-117 (1996).
• The Faces of the Goddess. New York & Oxford: Oxford University Press, 1997. ISBN 0195089677.
• "The Germanic Thunderweapon." Saga-Book 24:329-350 (1997).
• "The Sky God of the Indo-Europeans." Indogermanische Forschungen 103:28-39 (1998).
• "The Great Goddess of the North." Arkiv för nordisk filologi 113:29-57 (1998).
• "Oðinnn's Vision." Maal og Minne 1998:11-19.
• "The Dwarf Litr and Concepts of the Soul." De Consolatione Philologiae: Studies in Honour of Evelyn S. Firchow, ed. Anna Grotans, Anna Grotans, Heinrich Beck and Anton Schwob. Göppingen: Kümmerle, 2000, pp. 269-280. ISBN 3874529290.

Reception of Scholarship

Motz’s status among her peers was recognized by her selection to write three entries in the 1993 reference work, Medieval Scandinavia: An Encyclopedia. Jenny Jochens draws on six of Motz’s titles in her Old Norse Images of Women, and Andy Orchard refers his readers to sixteen of Motz’s works in the Dictionary of Norse Myth and Legend. Motz’s research into the role of giants in Northern mythology has been the point of departure for many subsequent studies. Her inquiries into the nature of dwarfs in myth and folklore have also been influential.

Motz’s early essay on the Eddic poem, Svipdagsmál examined competing theories concerning the origin of the work and advanced a novel interpretation of the hero Svipdag’s journey to Menglöð’s hall. Drawing on a wide range of comparative folklore and mythology, Motz proposed that the poem described an initiatory ritual by which a novice is united with an ancient earth goddess, symbolizing the seasonal return of vegetative life to the earth. Motz’ interpretation of the poem has been widely cited, and even after three decades, John McKinnell noted that Motz’s analysis “makes some telling points,” including that Menglöð is not a helpless maiden, and Svipdag seems to unlock “something destined for him,” rather than achieving a sexual conquest. McKinnell agreed that Motz was also correct that Menglöð welcomes Svipdag “back”; the poem’s editors had excised the word without justification. However, he disputed Motz’s primary thesis, noting that “[t]here is no need to identify Menglöð with Gróa, and the attempt to see Gróa’s spells as an initiatory ritual distorts the obvious meanings of several of them.” Instead, McKinnell interpreted Svipdagsmál as one of six Eddic poems that “feature consultations of ‘Other World’ figures who are literally or symbolically dead.”

Margaret Clunies Ross refers to a series of articles Motz published in leading journals in the 1980s as arguing that “the giants represent a group of older deities, pushed into the background of Viking Age consciousness by peoples’ changing patterns of worship.” Clunies Ross notes that Motz’s argument “introduces an element of speculation into our understanding of Norse myth for which there is no textual or other evidence,” while acknowledging the possibility that the ancient beliefs “may have allowed for the classification of more beings in the giant category in some traditions, particularly regional, Norwegian ones, than in that version of Norse mythology that Snorri Sturluson in particular handed down to us.” Elsewhere in the same volume, Clunies Ross cites Motz as being the first to recognize that the dwarfs of Norse mythology “were an all-male group,” an insight that Clunies Ross herself develops into an important theme.

Motz’s influence on the younger generation of scholars is especially evident in the citations to her work in the recent Old Norse Religion in Long-Term Perspectives (2006), including Henning Kure, “Hanging on the World Tree: Man and Cosmos in Old Norse Mythic Poetry,” Randi Haaland, “Iron in the Making–Technology and Symbolism,” and Sharon Ratke and Rudolf Simek, “Guldgrubber: Relics of Pre-Christian Law Rituals?”

Sources

• Biographical notes in E. O. G. Turville-Petre's Myth and Religion of the North: The Religion of Ancient Scandinavia Weidenfeld and Nicolson, London (1964)
• Dronke, Ursula; Helgadottir, Gudrun P.; Weber, Gerd Wolfgang and Bekker-Nielsen, Hans (1981) Speculum Norroenum: Norse Studies in Memory of Gabriel Turville-Petre Odense University Press, Odense
• Scull, C. and Hammond, W. G. (2006) The J. R. R. Tolkien Companion and Guide (2 vols) Harper Collins, London

Category:1922 births Category:1997 deaths

Sexuality

As Moffet observes, “Sven Stolpe and Victor Svanberg are certainly correct that Rydberg was a homosexual.” Together with his long-time friend Pontus Wikner, Rydberg played an important part in the emergence of an underground gay culture in Victorian Sweden under that country's repressive anti-sodomy legislation of 1864. Despite the legal ban on such activities, Rydberg and Wikner were counted “[a]mong the important Swedish cultural figures of the period who engaged in same-sex sexual relationships.”

The “controlling passion of Rydberg’s life” was described by Stolpe as gosse-svärmeri: boy-craziness, and the writer is still remembered for his “longing for young men.” The Scandinavian gay studies journal, Lambda Nordica, has published an examination of Rydberg’s erotic fixation on the aesthetic ideal of the “Snow White Youth.” Rydberg’s fascination with the youthful male physique is strongly conveyed in many of his works, including his 1859 novel, The Last Athenian, and his essay on Antinous, the young lover of the Emperor Hadrian, a work in which Rydberg “exhibits a deep sympathy for same-sex relations.” But although he was suspected of an illicit relationship with a boy he was charged with tutoring,Moffet concludes that Rydberg “was no pedophile."

The thinly veiled homoerotic themes in Rydberg’s writing “were brought to a newly formed mass audience of bourgeois readers.” In his introduction to a 1983 edition of Rydberg's Singoalla, Sven Delblanc noted that the novel “reflected homosexual desires and impulses in Rydberg himself,” and that the protagonist’s slaying of young Sorgborn is a “masked representation of homosexual intercourse.”

Transferable development rights (TDRs)

Resources

• Danner, J. C., TDRs--Great Idea but Questionable Value, Appraisal J. 133-42 (April, 1997).
• Frankel, Jennifer, Note, Past, Present, and Future Constitutional Challenges to Transferable Development Rights, 74 Washington L. Rev. 825-51 (1999).
• Haar, Charles M., Steven G. Horowitz and Daniel F. Katz, Transfer of Development Rights: A Primer (Lincoln Institute of Land Policy, 1980)
• D. Hagman & D. Misczynski eds., Windfalls For Wipeouts (1978).
• Holloway, James E., & Donald C. Guy, The Utility and Validity of TDRs under the Takings Clause and the Role of TDRs in the Takings Equation under Legal Theory, 11 Penn St. Envtl. L. Rev. 45 (2002).
• James, Franklin J., and Dennis E. Gale, Zoning for sale : A Critical Analysis of Transferable Development Rights Programs (Urban Institute, 1977).
• Juergensmeyer, Julian Conrad, James C. Nicholas, and Brian D. Leebrick, Transferable Development Rights and Alternatives after Suitum, 30 Urb. Law. 441-475 (1998).
• Lee, Franklin G., Transferable Development Rights and the Deprivation of All Economically Beneficial Use: Can TDRs Salvage Regulations That Would Otherwise Constitute a Taking?, 1998 Idaho Law Review 679.
• Levinson, Arik, Why Oppose TDRs?: Transferable Development Rights Can Increase Overall Development, 27 Reg. Sci. & Urb. Econ. 283-96 (1997).
• Littlewood, William Hadley, Transferable Development Rights, TRPA, and Takings: The Role of TDRs in the Constitutional Takings Analysis, 30 McGeorge L. Rev. 201-33 (1998).
• Miller, Andrew J., Transferable Development Rights in the Constitutional Landscape: Has Penn Central Failed to Weather the Storm?, 39 Nat. Resources J. 459-516 (1999).
• Neiderbach, Michael, Transferable Public Rights: Reconciling Public Rights and Private Property, 37 Buff. L. Rev. 899 (1988-89).
• Note, The Unconstitutionality of Transferable Development Rights, 84 Yale L J 1101 (1975).
• Rick Pruetz, Putting Transfer of Development Rights to Work in California (1993).
• Rick Pruetz, Saved by Development: Preserving Environmental Areas, Farmland and Historic Landmarks with Transfer of Development Rights (1997).
• Rose, Jerome G., The Transfer of Development Rights: A New Technique of Land Use Regulation (Center for Urban Policy Research, 1975).
• Radford, R. S., Takings and Transferable Development Rights in the Supreme Court: the Constitutional Status of TDRs in the Aftermath of Suitum, 28 Stetson L. Rev. 685-698 (1999).
• Stevenson, Sarah J., Banking on TDRS: The Government's Role as Banker of Transferable Development Rights, 73 N.Y.U. L. Rev. 1329 (1998).
• Stinson, Joseph D., Transferring Development Rights: Purpose, Problems, and Prospects in New York, 17 Pace L. Rev. 319-357 (1996).
• more - see Stetson article bibliography