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Full-Text Articles in Law
Inclusionary Zoning In Westchester County, New York: Is It A Viable Tool To Reduce A County-Wide Housing Crisis?, Ann S. Matthews
Inclusionary Zoning In Westchester County, New York: Is It A Viable Tool To Reduce A County-Wide Housing Crisis?, Ann S. Matthews
Pace Law Review
No abstract provided.
The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan Lahn
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 …
China's Polycentric Regional Growth: Shanghai's Satellite Cities, The Automobile, And New Urbanism With Chinese Characteristics, Edward H. Ziegler
China's Polycentric Regional Growth: Shanghai's Satellite Cities, The Automobile, And New Urbanism With Chinese Characteristics, Edward H. Ziegler
Georgia State University Law Review
No abstract provided.
Fear And Loathing: Combating Speculation In Local Communities, Ngai Pindell
Fear And Loathing: Combating Speculation In Local Communities, Ngai Pindell
University of Michigan Journal of Law Reform
Local governments commonly respond to economic and social pressures on property by using their legal power to regulate land uses. These local entities enact regulations that limit property development and use to maintain attractive communities and orderly growth. This Article argues that government entities should employ their expansive land use powers to limit investor speculation in local markets by restricting the resale of residential housing for three years. Investor speculation, and the upward pressure it places on housing prices, threatens the availability of affordable housing as well as the development of stable neighborhoods. Government regulation of investor speculation mirrors existing, …
Protecting Speech V. Protecting Children: An Examination Of The Judicial Refusal To Allow Legislative Action In The Realm Of Minors And Internet Pornography, William H. Jordan
Protecting Speech V. Protecting Children: An Examination Of The Judicial Refusal To Allow Legislative Action In The Realm Of Minors And Internet Pornography, William H. Jordan
South Carolina Law Review
No abstract provided.
Home Sweet Home? What Massachusetts Can Tell Us About The Prospects For The Illinois Affordable Housing Planning And Appeal Act, Christian B. Hennion
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 …
Come On Feel The Noise: The Problem With Municipal Noise Regulation, Aaron C. Dunlap
Come On Feel The Noise: The Problem With Municipal Noise Regulation, Aaron C. Dunlap
University of Miami Business Law Review
No abstract provided.
Thou Shalt Not Zone: The Overbroad Applications And Troubling Implications Of Rluipa's Land Use Provisions, Daniel P. Lennington
Thou Shalt Not Zone: The Overbroad Applications And Troubling Implications Of Rluipa's Land Use Provisions, Daniel P. Lennington
Seattle University Law Review
With five years of caselaw interpreting RLUIPA and a split among the courts regarding the breadth of the statute, now is an appropriate time to examine the statute's track record and consider its future. This Article will first examine RLUIPA's background, its text, and exactly what Congress intended when it passed the statute. Next, this Article will explain how courts have split on the application of RLUIPA's land use provisions, and in some cases, made it nearly impossible to zone churches, synagogues, mosques or any other religious land uses. Finally, this Article will propose a simple solution--an amendment to RLUIPA, …