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Public Use, Public Choice, And The Urban Growth Machine: Competing Political Economies Of Takings Law, Daniel A. Lyons
Public Use, Public Choice, And The Urban Growth Machine: Competing Political Economies Of Takings Law, Daniel A. Lyons
University of Michigan Journal of Law Reform
The Kelo decision has unleashed a tidal wave of legislative reforms ostensibly seeking to control eminent domain abuse. But as a policy matter, it is impossible to determine what limits should be placed upon local government without understanding how cities grow and develop, and how local governments make decisions to shape the communities over which they preside. This Article examines takings through two very different models of urban political economy: public choice theory and the quasi-Marxist Urban Growth Machine model. These models approach takings from diametrically opposite perspectives, and offer differing perspectives at the margin regarding proper and improper condemnations. …
Redevelopment Condemnations: A Blight Or A Blessing Upon The Land, Harold L. Lowenstein
Redevelopment Condemnations: A Blight Or A Blessing Upon The Land, Harold L. Lowenstein
Missouri Law Review
Eminent domain has been a hot topic in legal circles since the U.S. Supreme Court's opinion in Kelo v. City of New London. Issues such as fair compensation, public use, and the role of government in economic development have been discussed widely. The focus of this article, however, is somewhat different. This article seeks to provide a practical analysis for the sensitive issue of eminent domain, specifically for situations in which the government seeks to acquire real property via eminent domain in order to foster private redevelopment. The power to take private property, conferred by the Constitution and reiterated in …
Consideration Of The Protection Of Persons In The Event Of Disasters By The International Law Commission, Arnold Pronto
Consideration Of The Protection Of Persons In The Event Of Disasters By The International Law Commission, Arnold Pronto
ILSA Journal of International & Comparative Law
Recent disasters of epic proportions, such as the Asian Tsunami of 2004, and the accompanying response by the international community, have given rise to renewed interest in the legal aspects of disaster relief activities.
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Human Rights & Human Welfare
This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.
Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt
Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt
Michigan Journal of International Law
Part I of this Essay provides an overview of the rural-to-urban migration phenomenon, a trend the author calls the urban juggernaut. This Part includes a discussion of forces compelling the migration, and it also considers consequences for those who are left behind when their family members and neighbors migrate to cities. Part II explores women's roles in food production in the developing world, and it considers the extent to which international development efforts encourage or entail urbanization. Part III attends to the potential of human rights for this population, analyzing the Convention on the Elimination of All Forms of Discrimination …