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Full-Text Articles in Law

Zoning On Holy Ground: Developing A Coherent Factor-Based Analysis For Rluipa's Substantial Burden Provision, Andrew Willis Sep 2020

Zoning On Holy Ground: Developing A Coherent Factor-Based Analysis For Rluipa's Substantial Burden Provision, Andrew Willis

Chicago-Kent Law Review

No abstract provided.


Dignity Takings And “Trailer Trash”: The Case Of Mobile Home Park Mass Evictions, Esther Sullivan Mar 2018

Dignity Takings And “Trailer Trash”: The Case Of Mobile Home Park Mass Evictions, Esther Sullivan

Chicago-Kent Law Review

Mobile homes are a primary source of shelter for America’s poor and working classes. A large share of the nation’s mobile home stock is found in mobile home parks where residents own their homes but lease the land under their homes from private landlords. Urban growth has put pressure on park landlords to sell and redevelop mobile home parks. When parks are redeveloped mobile home residents are evicted and entire communities are destroyed. Residents lose their homes and home equity as they struggle to relocate their homes to different parks or are forced to abandon them. Through two continuous years …


Urban Renewal And Sacramento’S Lost Japantown, Thomas W. Joo Mar 2018

Urban Renewal And Sacramento’S Lost Japantown, Thomas W. Joo

Chicago-Kent Law Review

No abstract provided.


The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu Mar 2018

The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu

Chicago-Kent Law Review

This essay uses concepts from Bernadette Atuahene’s book We Want What’s Ours: Learning from South Africa’s Land Restitution Program to examine the trend of urban hospital closings. It does so by focusing specifically on the history of Martin Luther King, Jr. Community Hospital, a charitable hospital in South Los Angeles, California that emerged after the Watts riots in 1965. The essay illustrates how Professor Atuahene’s framework can generate unique questions about the closing of urban hospitals, and public bureaucracies more generally. The essay also demonstrates how Martin Luther King, Jr. Community Hospital’s trajectory hones some of Atuahene’s concepts in ways …


Creating The Urban Educational Desert Through School Closures And Dignity Taking, Matthew Patrick Shaw Mar 2018

Creating The Urban Educational Desert Through School Closures And Dignity Taking, Matthew Patrick Shaw

Chicago-Kent Law Review

Closures of urban open-enrollment neighborhood schools that primarily serve students of color are intensely controversial. Districts seeking to economize often justify closures by pointing to population shifts in historically densely populated urban areas. They argue that net reductions in a neighborhood’s school-aged population result in underutilized schools, which do a disservice to students at higher cost to districts. Students and their families and communities counter, pointing to histories of district neglect of their schools and recent school expansions in more affluent neighborhoods of similar population density as belying district claims of utility-based downsizing. In this article, I use a critical …


Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri Oct 2017

Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri

Chicago-Kent Law Review

No abstract provided.


The Detroit Frontier: Urban Agriculture In A Legal Vacuum, Jacqueline Hand, Amanda Gregory Oct 2017

The Detroit Frontier: Urban Agriculture In A Legal Vacuum, Jacqueline Hand, Amanda Gregory

Chicago-Kent Law Review

No abstract provided.


Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack Oct 2017

Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack

Chicago-Kent Law Review

No abstract provided.


The Natural Capital Crisis In Southern U.S. Cities, Blake Hudson Oct 2017

The Natural Capital Crisis In Southern U.S. Cities, Blake Hudson

Chicago-Kent Law Review

No abstract provided.


Freeing The City To Compete, James J. Kelly Jr. Oct 2017

Freeing The City To Compete, James J. Kelly Jr.

Chicago-Kent Law Review

No abstract provided.


Participatory Democracy And The Entrepreneurial Government: Addressing Process Efficiencies In The Creation Of Land Use Development Agreements, Ramsin G. Canon Apr 2014

Participatory Democracy And The Entrepreneurial Government: Addressing Process Efficiencies In The Creation Of Land Use Development Agreements, Ramsin G. Canon

Chicago-Kent Law Review

Can the development agreement become a tool for community-based planning? Development agreements and related land use planning instruments have steadily increased in popularity over the last few decades. Standard zoning regimes have proven to be too rigid and inflexible to accommodate the evolving nature of large-scale, and particularly mixed-use, developments. The bilateral nature of development agreements also allows cities and counties to effectively compete for development dollars by crafting incentives. However, this type of ad-hoc planning can run afoul of the reserved powers doctrine and its progeny, and can face vehement political and social opposition. This type of opposition results …


The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan Lahn Jun 2006

The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan Lahn

Chicago-Kent Law Review

In a series of seminal cases interpreting the Fifth Amendment's Takings Clause, the United States Supreme Court has used arguments that can be called "historical" to justify its holdings and negotiate the relationship between the static language of the Constitution and the dynamic realities of American life. While historical arguments have been a recurring theme in Takings Clause jurisprudence over the past eighty years, the way in which they are used has shifted. While historical accounts of changes in American society over time once served to justify new forms of governmental intervention in the realm of private property, a new …


Home Sweet Home? What Massachusetts Can Tell Us About The Prospects For The Illinois Affordable Housing Planning And Appeal Act, Christian B. Hennion Apr 2006

Home Sweet Home? What Massachusetts Can Tell Us About The Prospects For The Illinois Affordable Housing Planning And Appeal Act, Christian B. Hennion

Chicago-Kent Law Review

By most accounts, it is apparent that the United States lacks sufficient affordable housing to satisfy its needs. In an effort to remedy its own "affordability gap," Illinois enacted the Affordable Housing Planning and Appeals Act, a largely market-driven measure that will provide frustrated developers with a new appeals mechanism from unfavorable local land use decisions. This new mechanism will empower a statewide appeals board to override local zoning decisions, under certain circumstances, in an effort to remove roadblocks to affordable housing construction. In taking this approach, Illinois follows the example of Massachusetts, which has had a similar measure in …