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Towards An Urban Disability Agenda, Samuel R. Bagenstos Nov 2020

Towards An Urban Disability Agenda, Samuel R. Bagenstos

Articles

The overwhelming majority of Americans with disabilities live in metropolitan areas. Yet those areas continue to contain significant barriers that keep disabled people from fully participating in city life. Although political and social debate has periodically turned its attention to urban issues or problems — or even the so-called “urban crisis” — during the past several decades, it has too rarely attended to the issues of disability access. When political debate has focused on disability issues, it has tended to address them in a nationally uniform way, without paying attention to the particular concerns of disabled people in cities. Even …


The Magic And Metaphysics Of Shit :The Production Of Space And Digital Technology, David Capener Jan 2020

The Magic And Metaphysics Of Shit :The Production Of Space And Digital Technology, David Capener

Articles

Reading Henri Lefebvre alongside Bernard Stiegler, this paper explores the changes that have taken place to the production of space in our age of digital technology. Lefebvre sensed the radical changes taking place in society through the implementation of computational technologies. He asked a prescient question: How is this space being produced? Lefebvre was unable to foresee the significant changes to the actual mechanics of the production of space brought about by the third industrial revolution. A thinker who does do this is Bernard Stiegler who is interested in how new digital technologies change memory via tertiary mnemotechnical devices – …


Tribes, Cities, And Children: Emerging Voices In Environmental Litigation, Nina A. Mendelson Apr 2019

Tribes, Cities, And Children: Emerging Voices In Environmental Litigation, Nina A. Mendelson

Articles

an environmental nongovernmental organization ("NGO") on behalf of a neighbor or hiker.1 The NGO would allege that the individual faced health risks, that her property was contaminated, or that she could no longer hike, fish, swim, or view wildlife such as the endangered Nile crocodile, as in the well-known case of Lujan v. Defenders of Wildlife.


Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias Sep 2017

Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias

Articles

A well-documented problem motivates this symposium: The National Labor Relations Act (NLRA) does not effectively protect workers’ rights to organize, bargain, and strike. Though unions once represented a third of American workers, today the vast majority of workers are non-union and employed “at will.” The decline of organization among workers is a key factor contributing to the rise of economic and political inequality in American society. Yet reforming labor law at the federal level—at least in a progressive direction—is currently impossible. Meanwhile, broad preemption doctrine means that states and localities are significantly limited in their ability to address the weaknesses …


The State Of The City And The Future Of Human Rights: A Review Of Global Urban Justice, Johanna Kalb Jan 2017

The State Of The City And The Future Of Human Rights: A Review Of Global Urban Justice, Johanna Kalb

Articles

No abstract provided.


What Bankruptcy Law Can And Cannot Do For Puerto Rico, John A. E. Pottow Jun 2016

What Bankruptcy Law Can And Cannot Do For Puerto Rico, John A. E. Pottow

Articles

This article is based on a February 2016 keynote address given at the University of Puerto Rico Law Review Symposium “Public Debt and the Future of Puerto Rico.” Thus, much of it remains written in the first person, and so the reader may imagine the joy of being in the audience. (Citations and footnotes have been inserted before publication ‒ sidebars that no reasonable person would ever have inflicted upon a live audience, even one interested in bankruptcy law. Rhetorical accuracy thus yields to scholarly pedantics.) The analysis explains how bankruptcy law not only can but will be required to …


Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott Apr 2015

Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott

Articles

Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these …


"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh D. Spitzer Jan 2015

"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh D. Spitzer

Articles

This Article focuses on the tension between the late-nineteenth-century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the “Dillon’s Rule” doctrine …


Detroit's Real Challenge, John A. E. Pottow Jan 2014

Detroit's Real Challenge, John A. E. Pottow

Articles

When Detroit became the largest city in U.S. history to file for bankruptcy, it was a bad thing—unless you have the unique world-view of a bankruptcy lawyer, in which case it was marvelous news, worthy of celebration.


Contribution Of Tertiary Education To Human Capital Development, Labour Market And Skills In The State Of Victoria, Australia, Ellen Hazelkorn Jan 2010

Contribution Of Tertiary Education To Human Capital Development, Labour Market And Skills In The State Of Victoria, Australia, Ellen Hazelkorn

Articles

This chapter examines how effectively TAFE Institutes and universities in the State of Victoria contribute to meeting the social and economic needs of the population in terms of opportunities to study and relevance of the qualifications offered. It identifies some key achievements and areas for improvement. The chapter closes with a series of recommendations that include the need for a greater system approach to tertiary education in order to support sustainable regional development and the role that the State of Victoria can play in this strategy.


The City And International Law: In Pursuit Of Sustainable Development, Ileana Porras Jan 2009

The City And International Law: In Pursuit Of Sustainable Development, Ileana Porras

Articles

No abstract provided.


The Competitive Global City 2030: A Futures Approach, Ruth Kelly, John Ratcliffe, Julie Gannon Jan 2006

The Competitive Global City 2030: A Futures Approach, Ruth Kelly, John Ratcliffe, Julie Gannon

Articles

In an increasingly globalising and competitive world, cities are facing unparalleled challenges relating to such forces as economic restructuring and fiscal stress, national security, institutional relationships and the changing role of governance, environmental degradation, social and cultural transformation and rising exclusion. In May 2005, The Futures Academy, Technological University Dublin, in collaboration with the Urban Land Institute (ULI), embarked on a joint initiative to stimulate thinking and encourage informed discussions concerning the future trajectory and sustainable development of the competitive ‘global city’. As part of this study, The Academy undertook in-depth background research including a comprehensive questionnaire survey; an interactive …


Fta And The City: Imagineering Sustainable Urban Development, John Ratcliffe, Elzbieta Krawczyk, Ruth Kelly Jan 2006

Fta And The City: Imagineering Sustainable Urban Development, John Ratcliffe, Elzbieta Krawczyk, Ruth Kelly

Articles

This paper argues that urban planners and policy-makers lack an effective future-oriented approach enabling them to comprehend current complexity, anticipate impending change and shape a preferred future condition. In doing so it: - reviews the performance of contemporary city planning; - examines the need to chart and navigate the city technosphere by reference to city capital; - explores ways in which planning can benefit from a futures studies approach; - describes generally how futures-oriented thinking can produce effective city prospective; and, - poses specifically a number of questions regarding the concept of the intelligent city’. The paper concludes by calling …


Predict And Provide Vs Explore, Envision And Plan: Transforming The Urban Planning Approach Towards The Future, Elzbieta Krawczyk, John Ratcliffe Jan 2005

Predict And Provide Vs Explore, Envision And Plan: Transforming The Urban Planning Approach Towards The Future, Elzbieta Krawczyk, John Ratcliffe

Articles

Thinking about the future of humanity cannot be separated from thinking about the future of cities. Today, half of the world’s population lives in cities and the number of urban dwellers is constantly growing. On one hand, cities play a key role in generating economic growth; they are cores of human activity and frontiers of technological and cultural progress. On the other, urban areas are a source of a broad range of social and environmental problems and are especially vulnerable to the threats posed by factors such as climate change, terrorism, pandemic, social and cultural clashes. Considering the role and …


Imagineering Cities: Creating Liveable Urban Futures In The 21st Century, John Ratcliffe, Elzbieta Krawczyk Jan 2004

Imagineering Cities: Creating Liveable Urban Futures In The 21st Century, John Ratcliffe, Elzbieta Krawczyk

Articles

The 21st century is fast being recognised as the ‘century of cities’. More than half of the world’s population lives in cities now, and the importance of efficient urban land use and ‘smart’ development has become ever greater over recent decades. Cities are the key centres of human activity and the engines of economic growth in the world today. A world which has been drastically transformed by rapid technological change, expanding globalisation, profound cultural shifts and new economic perspectives. One, moreover, bring a whole range of fresh opportunities and challenges. Traditional ways in which cities were planned and managed increasingly …


Healthy Cities, Julie Gannon Jan 2003

Healthy Cities, Julie Gannon

Articles

No abstract provided.


Futures Thinking For The Built And Human Environment: The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Human Futures, John Ratcliffe, Lorcan Sirr Jan 2003

Futures Thinking For The Built And Human Environment: The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Human Futures, John Ratcliffe, Lorcan Sirr

Articles

We are currently living through an era where we can, and need to, create exciting new possibilities in the way we think about, plan, design and build new places and spaces for working and living. At the same time, two irresistible forces – change and complexity – face decision-makers charged with framing and executing future policy and practice for the built and human environment. This paper generally argues the case for employing a ‘prospective’ process through scenario thinking for strategic planning and management in the urban arena. It does not attempt to identify or explore the advances made in planning …


An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer Jan 1985

An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer

Articles

Sections 5 and 7 of article VIII of the Washington State Constitution, concerning gifts or loans by the state and by local governments, have been a source of confusion to the courts and frustration to the sponsors of government programs. Although some have proposed a single formula for applying the provisions, attempts to create a single rule or set of coherent rules for interpreting these problematical provisions are apt to fail. The constitutional language is complex, involving numerous elements, each of which must be present for the prohibition to apply. Rather than a single formula governing the application of these …


The Distrust Of Politics, Terrance Sandalow Jan 1981

The Distrust Of Politics, Terrance Sandalow

Articles

In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …


Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow Jan 1967

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …


Is A Municipal Fuel Yard A 'Public Service Plant'?, Evans Holbrook Jan 1923

Is A Municipal Fuel Yard A 'Public Service Plant'?, Evans Holbrook

Articles

In Consumers' Coal Co. et al. v. City of Lincoln, et al. (Neb. 1922) 189 N. W. 643, the supreme court of Nebraska held that a municipal fuel-yard, selling fuel at retail to the inhabitants of the city, was not a "public service plant" authorized by a section of the city charter which empowered the city to acquire, own and operate gas and electric plants, street railways, telephone plants, "and any and all other public service plants and properties, for the purpose of supplying the city and the inhabitants thereof with such service and public utilities." The suit was brought …


The Kansas Declaratory Judgment Act In Operation, Edson R. Sunderland Jan 1922

The Kansas Declaratory Judgment Act In Operation, Edson R. Sunderland

Articles

Statutes of Kansas authorized cities of the first class to carry out works of internal improvement and provide for payment of the cost thereof by issuing bonds of the city running no longer than ten years and bearing interest not exceeding five per cent. When conditions following the war made the marketing of five per cent bonds impossible at a price anywhere near par, the legislature enacted a new law authorizing the issuance of internal improvement bonds at six per cent interest, but requiring every such bond to contain a privilege of prepayment after five years from date. The city …


Public Utilities—Franchise Rates As Affected By The World War, Edwin C. Goddard Jan 1920

Public Utilities—Franchise Rates As Affected By The World War, Edwin C. Goddard

Articles

The economic convulsions due to the World War are abundantly reflected in the relations between the public and their public utilities operating under franchises fixing rates for service. The enormous rise in cost of labor and materials has, in many cases, so reduced the net income of such utilities as to make it a negative quantity at existing franchise rates. The utilities are crying to be saved from bankruptcy, but the unfortunate suspicion bred by past dealings of many such companies has made the public skeptical, and perhaps in many cases entirely unreasonable. In some cases plain selfishness may explain …


Public Utility Valuation - Going-Concern Value In Rate Making, Edwin C. Goddard Jan 1918

Public Utility Valuation - Going-Concern Value In Rate Making, Edwin C. Goddard

Articles

What is the effect of a city ordinance which proposes to a public utility company the terms on which it may dispose of its product to the users, but which is rejected by the company? As to a company not yet doing business it is clear that the ordinance when rejected becomes a mere legal nullity. It never was more than an offer that might ripen into a binding contract by acceptance. That it is by no means a nullity as to a utility actually operating in the city after the expiration of its franchise and as a mere tenant …


Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner Jan 1917

Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner

Articles

There have been many unsuccessful attempts by city authorities of late to abolish or prevent unsightly billboards and advertising. In a recent case A was arrested and fined for violating a city ordinance prohibiting the display of advertising matter on walls and buildings within the city without the consent of the city council. On refusal to pay the fine A was held in the custody of the city marshal, and brought habeas corpus to secure his release. The court held that the affidavit charged no violation of the ordinance unless it were construed as prohibiting the painting of any sign …


Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton Jan 1911

Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton

Articles

We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …


Surface Water In Cities, John R. Rood Jan 1908

Surface Water In Cities, John R. Rood

Articles

It is evident that no one hard and fast rule could be applied to all cases, either in city or country, without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …


Liability Of Water Companies For Fire Losses, Edson R. Sunderland Jan 1906

Liability Of Water Companies For Fire Losses, Edson R. Sunderland

Articles

In two recent articles published'in this Review, the question of the liability of water companies for fire losses was somewhat exhaustively discussed. The majority of the actions wherein it has been sought to hold water companies liable for fire losses suffered by private property owners, have been brought for breach of contract. In a few cases the theory adopted was that the water company owed a duty to all property owners, by reason of the public character of its service; and the fact that it was under contract with the city to furnish an adequate water supply and pressure for …


Freedom Of Contract, Jerome C. Knowlton Jan 1905

Freedom Of Contract, Jerome C. Knowlton

Articles

The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …


Some Legal Aspects Of Special Assessments, Frank L. Sage Jan 1904

Some Legal Aspects Of Special Assessments, Frank L. Sage

Articles

Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.