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Articles 1 - 9 of 9
Full-Text Articles in Law
A Balanced Diet Of First Amendment Cases, Joel Gora
A Balanced Diet Of First Amendment Cases, Joel Gora
Touro Law Review
No abstract provided.
Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen
Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen
Scholarly Works
This update summarizes New York cases related to land use and zoning that were decided in the first half of 2015.
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Touro Law Review
Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …
American Dreams, American Realities, Michael Lewyn
American Dreams, American Realities, Michael Lewyn
Scholarly Works
Review of Zoned In The USA, by Sonia Hirt.
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
Scholarly Works
Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate change) and appears unlikely to do so anytime soon. Despite this, the first half of 2015 has seen a number of actions in the other two branches of the federal government with significant implications for local hazard mitigation planning, zoning, and development. Of particular note, and as discussed in more detail below, the President issued an Executive Order and the Federal Emergency Management Agency (FEMA) …
Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen
Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen
Scholarly Works
The Winter 2015 Land Use Law Update asked whether the Supreme Court’s decision in Reed v. Town of Gilbert would require municipalities throughout the country to rewrite their sign codes. The short answer is “yes.”
At a minimum, following the Supreme Court’s decision that the Town of Gilbert’s temporary directional sign regulations violated petitioners Good News Community Church’s and Pastor Clyde Reed’s First Amendment rights, municipalities will want to act quickly to amend their sign codes if they regulate different categories of signs differently. A code that places fewer restrictions on political or ideological signs than on directional signs likely …
Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey
Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey
Scholarly Works
Ethical considerations continue to play a fundamental role in shaping the course of land use and developmental regulatory proceedings throughout the country. From an innocuous donation by one public official to his alma mater, to the outright bribery of a former mayor, the past year has been rife with a range of conduct implicating professional responsibility and land use.
Against The Neighborhood Veto, Michael Lewyn
Against The Neighborhood Veto, Michael Lewyn
Scholarly Works
American zoning often gives neighborhoods elective veto power over nearby real estate development. This “neighborhood veto” sometimes artificially reduces housing supply and urban density, thus making housing more expensive and making American cities more dependent on automobiles. This article criticizes the common arguments that neighborhood activists use to restrict development.
Is An Apartment A Nuisance?, Michael Lewyn
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.