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The Effect Of Rluipa's Land Use Provisions On Local Government, Alan C. Weinstein
The Effect Of Rluipa's Land Use Provisions On Local Government, Alan C. Weinstein
Law Faculty Articles and Essays
In the absence of perfect information about how RLUIPA has affected local governments, this article argues that the courts have adopted a pragmatic approach to maneuvering in the difficult terrain that RLUIPA occupies: combining appropriate judicial deference to a legislature that enacts a neutral law of general applicability with the heightened judicial scrutiny that becomes appropriate when that same law is applied to a specific zoning approval, a circumstance that frequently allows for subjectivity, and thus the potential for discrimination or arbitrariness against religious uses, in the approval process. I conclude that: (1) until proven otherwise, the costs RLUIPA undoubtedly …
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard D. Mccleary
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard D. Mccleary
Law Faculty Articles and Essays
In the decade since the U.S. Supreme Court’s decision in Alameda Books v. City of Los Angeles, 535 U.S. 425 (2002), the adult entertainment industry has attacked the legal rationale local governments rely upon as the justification for their regulation of adult businesses: that such businesses are associated with so-called negative secondary effects. These attacks have taken a variety of forms, including: trying to subject the studies of secondary effects relied upon by local governments to the Daubert standard for admission of scientific evidence in federal litigation; producing studies that purport to show no association between adult businesses and negative …