Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene Nov 2002

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene

University of Richmond Law Review

No abstract provided.


Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins Jun 2002

Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins

University of Michigan Journal of Law Reform

In her Article, Professor Wiggins discusses the complex social phenomenon of "Black suburbanization, " focusing on the commercial "disinvestment" in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black suburbs, Prince George's County, Maryland, and south DeKalb, Georgia. In her Article, she offers possible explanations for disinvestment, including the application of protective zoning; inefficient zoning laws and practices; prior investment decisions; demographic explanations; and independent effects .of race. Wiggins analyzes some of the resulting negative social and economic consequences, including a sense …


Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell Jan 2002

Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell

Seattle University Law Review

This Article traces a path to various land use regulatory approaches that should survive scrutiny under the Washington State Constitution. Part I outlines the legal history of challenges to the application of zoning regulations to church buildings; Part I also describes the contexts in which such disputes presently arise. Part II introduces the Washington State Constitution's provision regarding the free exercise of religion and describes the limited body of case law that has applied this provision in the land use context. Part III considers the role of federal case law in interpreting the free exercise clause of the Washington State …


Religious Land Use Jurisprudence: The Negative Ramifications For Religious Activities In Washington After Open Door Baptist Church V. Clark County, Beth Prieve Jan 2002

Religious Land Use Jurisprudence: The Negative Ramifications For Religious Activities In Washington After Open Door Baptist Church V. Clark County, Beth Prieve

Seattle University Law Review

Part II of this Note provides a history of religious land use jurisprudence in Washington. This part addresses growth management laws generally, and where these laws cross paths with constitutional guarantees of the free exercise of religion. Part III focuses on the Washington Supreme Court's Open Door decision, separately addressing both the majority opinion and the dissent. Part IV illustrates how the Washington Supreme Court misapplied Washington's religious freedom test in Open Door and significantly shifted religious land use jurisprudence. Part IV further discusses how this shift may include Washington's adoption of the lower federal standard and elaborates upon the …


Too Close To Call: The Sufficiency Of Alternative Relocation Sites In Diamond V. City Of Taft, Pauline P. Clark Jan 2002

Too Close To Call: The Sufficiency Of Alternative Relocation Sites In Diamond V. City Of Taft, Pauline P. Clark

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Problems Ascertaining The Bare Meaning Of Statutes Regulating Adult Entertainment: The Eleventh Circuit Falls Back On The Secondary Effects Doctrine In Ranch House, Inc. V. Amerson, Thomas Schrack Jan 2002

Problems Ascertaining The Bare Meaning Of Statutes Regulating Adult Entertainment: The Eleventh Circuit Falls Back On The Secondary Effects Doctrine In Ranch House, Inc. V. Amerson, Thomas Schrack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


City Life And New Urbanism, Ray Gindroz Jan 2002

City Life And New Urbanism, Ray Gindroz

Fordham Urban Law Journal

This article discusses the importance and reintroduction of urban centers as areas of continuing development, information exchange and health in cities and suburbs. It first comments on the decay of urban centers as a result of the post-World War II push to build towns and cities which were more isolated, fragmented and anti-urban. New urbanism began in the 1970s and 80s to create neighborhoods and urban centers rather than scattered developments and has successfully continued to this day. This article identifies the design principles of these urbanists and how they are put into practice, including a case study of Park …


Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen Jan 2002

Making The Good Easy: The Smart Code Alternative, Andres Duany, Emily Talen

Fordham Urban Law Journal

This article advocates for a new, fundamentally different plan for how cities should be coded, the Smart Code. It links urbanism and environmentalism and is strongly aligned with smart growth and sustainability. The Smart Code is offered as an alternative to the current anti-urban, conventional codes which are rigid and focus on single-use zones that separate human living space from the natural environment, as illustrated by the sprawl.