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Financial Impact Of The Opioid Crisis On Local Government: Quantifying Costs For Litigation And Policymaking, Elizabeth Weeks Jan 2019

Financial Impact Of The Opioid Crisis On Local Government: Quantifying Costs For Litigation And Policymaking, Elizabeth Weeks

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The opioids epidemic has had a significant impact on individuals and communities, including local governments responsible for serving and protecting those affected individuals. This is the first study of its kind to consider whether those local government costs are quantifiable, a question that has salience both for pending opioid litigation in federal and state courts and for local planning and budgeting decisions. This article first provides a detailed description of the opioid litigation landscape, including the federal multidistrict litigation (MDL) in Ohio, the Native American tribes’ actions, and various procedural and other hurdles that local government plaintiffs face in seeking …


Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen Jan 2015

Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen

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The author discusses the imminent Supreme Court decision in Reed v. Town of Gilbert. Depending on how the Court decides the case, municipalities may need to act quickly to amend their sign regulations.


Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb Jan 2012

Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb

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Part I of this Article discusses many of the factors contributing to the fiscal crisis at the local level in New York including historic decreases in federal and state revenue sharing, the imposition of a new property tax cap, the failure of New York to address meaningfully the subject of unfunded mandates on local governments, and the dependency of some local jurisdictions on the timely adoption of a state budget. Part II discusses concepts of deliberative democracy and how local residents might be engaged to become partners with local officials in making difficult fiscal decisions that impact all community residents. …


The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin Jan 2012

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

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This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …


Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher Jan 2009

Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher

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There has never been a more challenging time to practice land use planning and zoning law in New York. With goals of sustainability at the forefront of the land use regulatory agenda, this brief account of recent developments in land use law highlights some discernable trends, namely: the modernization and increased flexibility of New York State planning and zoning enabling acts, the inspired local initiatives and lethargic State response to affordable housing issues, and the increasing impact of alternative energy systems on local regulatory schemes.

Part I of this article explores the impacts on community development caused by the many …


Municipal Regulation Of Formula Businesses: Creating And Protecting Communities, Patricia E. Salkin Jan 2008

Municipal Regulation Of Formula Businesses: Creating And Protecting Communities, Patricia E. Salkin

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People have been trying to exclude chain stores from their communities for decades. This includes "big-box" chains - the behemoth retailers that prefer an architecture of rectangular, single-story unadorned structures reaching 200,000 square feet or more - as well as national and international businesses including well-recognized fast food restaurants, drug stores and clothing retailers. The reasons for restricting these large corporate businesses include concerns over community character and aesthetics, local economics and self-reliance, and corporate ideologies. Over time, many municipalities have been forced to accept that "formula retail" and "franchise architecture" are simply part of the American economy. In many …


Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin Jan 2007

Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin

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With almost ten years of nationwide dialogue and experimentation with the legal implementation of smart growth concepts at the state and local levels, this paper pauses to consider whether and to what extent success has been realized. The one certainty in this dynamic intersection of land development and conservation is that there is no one best model adaptable to all fifty states. Rather, to accommodate national diversity in local government structure, cultural relationships of people to the land, and differences in geography and a sense of place, the best lesson learned is that advocates and lawmakers alike must shape and …


Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin Apr 2003

Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin

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No abstract provided.


Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin Oct 2002

Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin

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No abstract provided.


U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin Jul 2002

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

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No abstract provided.


Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin Jan 2001

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

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No abstract provided.


Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Jan 2000

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

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No abstract provided.


Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin Jan 1999

Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin

Scholarly Works

No abstract provided.


1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin Jan 1999

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

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No abstract provided.


The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin Jan 1999

The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin

Scholarly Works

No abstract provided.


The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer Jan 1995

The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer

Scholarly Works

No abstract provided.


Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin Jan 1994

Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin

Scholarly Works

No abstract provided.


Introduction (Symposium On Municipal Liability), Patricia E. Salkin Jan 1993

Introduction (Symposium On Municipal Liability), Patricia E. Salkin

Scholarly Works

No abstract provided.


Regional Planning In New York State: A State Rich In National Models, Yet Weak In Overall Statewide Planning Coordination, Patricia E. Salkin Jan 1993

Regional Planning In New York State: A State Rich In National Models, Yet Weak In Overall Statewide Planning Coordination, Patricia E. Salkin

Scholarly Works

No abstract provided.