Law Commons^™

The Euclid Proviso, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning's second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market-responsive. But, given the ways in which zoning is a foundational part of the racial and …

Is An Apartment A Nuisance?, Michael Lewyn

Scholarly Works

In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.

Is An Apartment A Nuisance?, Michael Lewyn

Michael E Lewyn

In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

Change Of Neighborhood In Nuisance Cases, Martin A. Levitin

Cleveland State Law Review

The law of nuisance lies somewhere between the legal principle that each person may use his property as he sees fit, and the contradictory principle that he must so use it as not to injure the property or rights of his neighbors. With the growth of our nation, and its changing balance between rural and urban populations, the established principles of tort law as applied to nuisances evidence the "elastic adaptability" of the common law.

Local Government Law -- 1956 Tennessee Survey, Joseph Martin Jr.

Vanderbilt Law Review

The scope of local government law covers the problems arising out of the functioning of units of government essentially local in character--the municipality, the county, the school district. Involved are the relations between the unit and its constituents or between the units themselves, the validity of its actions, the status of its officers or employees. In the era of increased government, the impact of this body of law is pervading.

Local Government Law -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Tort Liability: The case of Bricker v. Sims' was one of four cases tried together involving the tort liability of a city and its officers. The Board of Aldermen of the City of Martin adopted a curfew ordinance prohibiting any person from being on a public street or other public place after 11:00 o'clock at night. Plaintiff, while conducting himself in an otherwise lawful manner, was arrested on the public streets of Martin after the curfew hour; he was jailed and the next day was convicted and fined in the city court. Upon appeal to the circuit court the case …

Abstracts, Katharine Loomis

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.