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Articles 1 - 21 of 21
Full-Text Articles in Law
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael Lewyn
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael Lewyn
Scholarly Works
No abstract provided.
Five Myths About Sprawl, Michael Lewyn
Five Myths About Sprawl, Michael Lewyn
Scholarly Works
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing case for the status quo, asserting that sprawl is "a natural result of affluence that occurs in all urbanized societies." Bruegmann's book has generated glowing media publicity. This article suggests that Bruegmann overestimates the universality of sprawl, by overlooking the differences between pedestrian-friendly cities with some sprawling development and cities in which automobile-dependent sprawl is the only choice available to most consumers. In addition, Bruegmann understates the harmful social effects of sprawl, especially the effect of automobile-dependent development upon non-drivers. Bruegmann also consistently underestimates the …
Planners Gone Wild: The Overregulation Of Parking, Michael Lewyn
Planners Gone Wild: The Overregulation Of Parking, Michael Lewyn
Scholarly Works
No abstract provided.
You Can Have It All: Less Sprawl And Property Rights Too, Michael Lewyn
You Can Have It All: Less Sprawl And Property Rights Too, Michael Lewyn
Scholarly Works
Some commentators believe that smart growth and property rights are at loggerheads - and to be sure, these theories do lead to differing positions on a few issues (most notably urban growth boundaries and similar anti-sprawl regulations). But as to a wide variety of issues, smart growth advocates and property rights theorists can find common ground. Both groups can support eliminating zoning regulations that mandate automobile-dependent, sprawling development, such as single-use zoning, minimum parking requirements and minimum lot size requirements.
Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin
Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin
Scholarly Works
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 …
Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin
Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin
Scholarly Works
This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.
Charles Reich's Journey From The Yale Law Journal To The New York Times Best-Seller List: The Personal History Of The Greening Of America, Rodger D. Citron
Charles Reich's Journey From The Yale Law Journal To The New York Times Best-Seller List: The Personal History Of The Greening Of America, Rodger D. Citron
Scholarly Works
No abstract provided.
Civil Rights And Related Decisions, Eileen Kaufman
Civil Rights And Related Decisions, Eileen Kaufman
Scholarly Works
No abstract provided.
Emerging Applications Of Jewish Law In American Legal Scholarship: An Introduction, Samuel J. Levine
Emerging Applications Of Jewish Law In American Legal Scholarship: An Introduction, Samuel J. Levine
Scholarly Works
In recent years, the field of Jewish law has gained increasing prominence in American law schools and legal scholarship. At the same time, in the realm of scholarship, a substantial body of literature has developed considering the relevance of Jewish legal thought to a variety of issues in the American legal system. As the substance, scope, and volume of this scholarship demonstrate, an analysis of Jewish law may prove helpful in providing comparisons and contrasts to both controversial and seemingly settled areas of American law. At the 2007 Annual Meeting of the Association of American Law Schools, the Section on …
Illuminating The Dark: The Stories Of Lowell B. Komie And The Pursuit Of Meaningful Work, Louise Harmon
Illuminating The Dark: The Stories Of Lowell B. Komie And The Pursuit Of Meaningful Work, Louise Harmon
Scholarly Works
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman
Scholarly Works
No abstract provided.
Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein
Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein
Scholarly Works
No abstract provided.
Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis
Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis
Scholarly Works
Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and …
Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer
Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
"It's Not About The Money!": A Theory On Misconceptions Of Plaintiffs' Litigation Aims, Tamara Relis
"It's Not About The Money!": A Theory On Misconceptions Of Plaintiffs' Litigation Aims, Tamara Relis
Scholarly Works
This Article examines from a new angle a long-standing debate on a central question of the legal system: why plaintiffs sue and what they seek from litigation. Legal research has documented various extra-legal aims or non-economic agendas of plaintiffs who commence legal proceedings for various case-types. However, current debates have failed to address this issue in depth from the perspectives of plaintiffs themselves, subsequent to lawyers conditioning them on legal system realities and translating their disputes into legally cognizable compartments. Nor have understandings of plaintiffs' aims been examined from the perspectives of defense lawyers. These are significant gaps in the …
"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky
"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky
Scholarly Works
No abstract provided.
Mixing Oil And Water: Reconciling The Substantial Factor And Results-With-In-The-Risk Approaches To Proximate Cause, Peter Zablotsky
Mixing Oil And Water: Reconciling The Substantial Factor And Results-With-In-The-Risk Approaches To Proximate Cause, Peter Zablotsky
Scholarly Works
No abstract provided.
Academic Freedom As Private Ordering: Politics And Professionalism In The 21st Century, Deborah W. Post
Academic Freedom As Private Ordering: Politics And Professionalism In The 21st Century, Deborah W. Post
Scholarly Works
No abstract provided.
Consequences Of Power, Tamara Relis
Consequences Of Power, Tamara Relis
Scholarly Works
This Article challenges a basic premise that litigants and their attorneys broadly understand and desire similar things from litigation-track mediation processes. In providing new empirical research from medical malpractice cases, I offer disconcerting evidence of the surprising degree to which perceptions and meanings ascribed to these litigation-track processes are not only diverse, but frequently contradictory. I demonstrate that notwithstanding their different allegiances, lawyers on all sides of cases have correspondingly similar understandings of the meaning and purpose of litigation-track mediations. At the same time, I show how plaintiffs and defendants have the same understandings and visions of what mediation is …
Reflections On Responsibilities In The Public Square, Through A Perspective Of Jewish Tradition: A Brief Biblical Survey, Samuel J. Levine
Reflections On Responsibilities In The Public Square, Through A Perspective Of Jewish Tradition: A Brief Biblical Survey, Samuel J. Levine
Scholarly Works
In recent years, there has developed in the United States a substantial and growing interest in the role of religion in the public square. Within religious communities, the conversation has, at times, focused on the approach of specific religious traditions toward their own responsibilities to contribute to and influence the moral, ethical, and legal standards of American society. For Jewish communities living in the United States, these questions comprise yet another application of issues the Jewish people has confronted throughout its history. To the extent that the nature of American political and social structures differ significantly from those experienced by …
Innocents Abroad: Reflections On Summer Abroad Law Programs, Eileen Kaufman, Louise Harmon
Innocents Abroad: Reflections On Summer Abroad Law Programs, Eileen Kaufman, Louise Harmon
Scholarly Works
No abstract provided.