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Articles 1 - 15 of 15
Full-Text Articles in Law
Zoning Ordinances And "Free Speech", Alan C. Weinstein
Zoning Ordinances And "Free Speech", Alan C. Weinstein
Law Faculty Articles and Essays
Over the past two decades there has been a marked expansion in legal challenges to local land use regulations claiming violations of the free speech clause of the First Amendment to the United States Constitution. First Amendment claims can arise whenever government enacts or enforces zoning or other regulations that deal with uses such as billboards or adult entertainment businesses. This article discusses why this litigation is taking place, provides an overview of First Amendment law, and offers local officials some guidelines to help avoid potential legal challenges.
1999 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
1999 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library
Scholars and Artists Bibliographies
This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti
And The 1999 Award For The Worst Opinion In A Tax Case Goes To -, Deborah A. Geier
And The 1999 Award For The Worst Opinion In A Tax Case Goes To -, Deborah A. Geier
Law Faculty Articles and Essays
This article critiques the opinion in Owen v. United States by Judge Jerome Turner of the Western District of Tennessee.
Maternal-Fetal Conflicts, The Social Construction Of Maternal Deviance, And Some Thoughts About Love And Justice, April L. Cherry
Maternal-Fetal Conflicts, The Social Construction Of Maternal Deviance, And Some Thoughts About Love And Justice, April L. Cherry
Law Faculty Articles and Essays
FIRST PARAGRAPH: In the short amount of time that we have together today, I would like to accomplish three tasks. First, I would like to offer a brief overview of what and whom we are talking about when we talk about "maternal-fetal conflicts." Second, I would like to discuss some of the assumptions that are held about the women involved in these "conflicts," with the hope that giving voice to these assumptions might help us better understand why we may be willing to accept the coerced medical treatment of pregnant women, or legal sanctions against pregnant women who refuse treatment …
Of Cell Phones And Electronic Mail: Disclosure Of Confidential Information Under Disciplinary Rule 4-101 And Model Rule 1.6, Karin M. Mika
Of Cell Phones And Electronic Mail: Disclosure Of Confidential Information Under Disciplinary Rule 4-101 And Model Rule 1.6, Karin M. Mika
Law Faculty Articles and Essays
Regardless of the known security risks, it is difficult, if not impossible, to imagine a law firm in the twentieth century operating without the technological advancements that make it possible to communicate with anyone, anywhere, at any time. These advancements often enable immediate responses that are beneficial to attorneys and clients alike. Cellular phone usage and electronic mail are an integral mode of communication between firm members, negotiating attorneys, as well as between attorneys and their clients. While it has developed into a mode of communication making the practice of law more efficient, it is doubtful that most attorneys give …
Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker
Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker
Law Faculty Articles and Essays
A jury that convicts a defendant of capital murder must then decide whether that defendant deserves a life sentence or death. Mitigating evidence is crucial to the defense at this stage because such evidence may provide the jury with a basis for imposing a life sentence. In this article, Professor Crocker argues that evidence that a defendant was abused as a child is paradigmatic mitigating evidence. A detailed presentation of the defendant's childhood experience and a cogent explanation of its long-term repercussions will enable the jury to understand why the defendant committed the crime, perhaps allowing the jury to sympathize …
The Stolen Museum: Have United States Art Museums Become Inadvertent Fences For Stolen Art Works Looted By The Nazis In Word War Ii?, Barbara Tyler
The Stolen Museum: Have United States Art Museums Become Inadvertent Fences For Stolen Art Works Looted By The Nazis In Word War Ii?, Barbara Tyler
Law Faculty Articles and Essays
This Article begins with some historical background surrounding the Nazi pillaging of several family collections which may have found their way into American museums. The Article then focuses on what legal and equitable doctrines should be employed in the search for justice in ownership of art works in the United States. The Article advocates that American lawmust prevail. It must be modified to reject the due diligence rule for replevin. Replevin maintains that good intentions alone cannot abrogate the doctrine of bona fide purchaser: a thief can never pass clear title to stolen property to any subsequent transferee no matter …
Thanks, But I'M Just Looking : Or Why I Don't Want To Be A Dean, Susan J. Becker
Thanks, But I'M Just Looking : Or Why I Don't Want To Be A Dean, Susan J. Becker
Law Faculty Articles and Essays
The author discusses the challenges facing law faculty who consider taking on the duties of law school administration.
Higher Burden For Ada Plaintiffs, Susan J. Becker
Higher Burden For Ada Plaintiffs, Susan J. Becker
Law Faculty Articles and Essays
Plaintiffs in Americans with Disabilities Act (ADA) cases have a signigicantly higher burden to show a disability due to a triliogy of recent decisions. This article examines this recent case law.
Deed Restrictions And Other Institutional Controls As Tools To Encourage Brownfields Redevelopment, Heidi Gorovitz Robertson, Robert A. Simons
Deed Restrictions And Other Institutional Controls As Tools To Encourage Brownfields Redevelopment, Heidi Gorovitz Robertson, Robert A. Simons
Law Faculty Articles and Essays
This article concerns the use of deed restrictions and other institutional controls as tools to encourage brownfields redevelopment.
Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein
Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein
All Maxine Goodman Levin School of Urban Affairs Publications
This year's report concentrates on recent legal developments concerning regulation of the location of "adult entertainment businesses." Such regulations raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to non-obscene sexually oriented media. The U.S. Supreme Court, however, has established that local government may single out adult businesses for special regulatory treatment in the form of locational restrictions if the local government can show a substantial public interest in regulating such businesses unrelated to the suppression of speech and if the regulations allow for "reasonable alternative avenues of communication," which essentially translates into a reasonable …
One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson
One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
U.S. EPA, state legislatures, and state administrative agencies have invested considerable time and money resources to encouraging urban renewal through the redevelopment of contaminated urban properties, called brownfields. These efforts attempt to induce businesses to clean and redevelop brownfields by reducing the numerous environmental barriers to redevelopment, such as the enormous cost of clean-up and threat of immeasurable liability. In this Article, I argue that environmental barriers to redevelopment, although important, are but one piece of a complicated urban redevelopment puzzle. The other pieces, largely missing from existing efforts to encourage redevelopment of brownfields are non-environmental factors, such as size …
Civil Discovery Standards Seek To Improve Pretrial Practice, Susan J. Becker
Civil Discovery Standards Seek To Improve Pretrial Practice, Susan J. Becker
Law Faculty Articles and Essays
Challenges faced by attorneys in conducting efficient expert depositions has inspired the Section of Litigation Discovery Task Force to create Civil Discovery Standards. This article reviews these new standards.
Disentangling The Law Of Public Protest, Kevin F. O'Neill
Disentangling The Law Of Public Protest, Kevin F. O'Neill
Law Faculty Articles and Essays
The purpose of this Article is to alleviate the confusion that so frequently surrounds the law of public protest. Much of that confusion can be avoided, when analyzing a given case, by zeroing in on who is regulating the speech in question. There are four regulatory players, who act in four distinct settings: restrictions enacted by legislative bodies, the issuance of permits and fees by government administrators, speech-restrictive injunctions imposed by the judiciary, and the influence of police as a regulatory presence on the street. Discrete lines of precedent attend each of these players. Legislators and judges, for example, are …
Analysing The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis
Analysing The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis
Law Faculty Articles and Essays
The purpose of this paper is to examine the issue of whether, in light of Congress' actions and the judicial precedents, NEPA should be applied extraterritorially. Section One discusses the extraterritorial application of United States laws in general, the bases supporting the extraterritorial application, and the tests courts have relied upon to determine the appropriateness of extraterritorial application. The section also explores the presumption against extraterritoriality and the logic behind it.
In the second section, the paper addresses the extraterritorial application of NEPA. That sections includes an analysis of the congressional, executive and judicial treatment of the issue. The third …