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Articles 1 - 7 of 7
Full-Text Articles in Law
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone
Faculty Publications
No abstract provided.
The Advent Of Zoning, Garrett Power
The Advent Of Zoning, Garrett Power
Faculty Scholarship
This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
Faculty Works
In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …
Law And A New Land Ethic, John A. Humbach
Law And A New Land Ethic, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
As open space comes under increasing development pressure, existing-use zoning provides a direct and forthright way to preserve the line between urban and non-urban land use. Ultimately it may be the only practical means for protecting high-demand or sensitive areas such as wetlands, coastlines, lakeshores, floodplains, stream corridors, and pristine reservoir watersheds. This Article reviews the viability of existing-use zoning under United States Supreme Court interpretations of the Constitution's takings clause. It concludes that nothing in those interpretations disallows this straightforward approach to preserving our country's familiar patterns of land use and development.
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.
Law Faculty Articles and Essays
In the mid-1980s, the focus in this area of the law was on nuisance closures and license revocation actions affecting adult bookstores and other kinds of establishments where either obscenity or illicit sexual activities were taking place. In our last committee report focusing on the first amendment area we reported on those areas of the law in light of the Supreme Court's decision in Arcara v. Cloud Books, Inc. Since then, there has been one important Fifth Circuit decision, FW/PBS Inc. v. City of Dallas, that the Supreme Court has agreed to review, with a decision expected in 1989. There …
Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating
Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating
Law Faculty Articles and Essays
CDCs, both locally and nationally, are seeking broader support from government, corporations and foundations. Without increased sustained support, it is not clear that CDCs can really provide the housing, employment, and services necessary for the revitalization of urban neighborhoods that are truly integrated by income, race and ethnicity. However, given the failure of the private market to provide below market housing, and the inability of most large public housing authorities to expand the supply of public housing, CDCs are the best and often the only hope for affordable housing in these neighborhoods.
Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole
Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.