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Full-Text Articles in Law

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

All Faculty Scholarship

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 …


Partial Takings, Abraham Bell, Gideon Parchomovsky Jan 2017

Partial Takings, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

Partial takings allow the government to expropriate the parts of an asset it needs, leaving the owner the remainder. Both vital and common, partial takings present unique challenges to the standard rules of eminent domain. Partial takings may result in the creation of suboptimal, and even unusable, parcels. Additionally, partial takings create assessment problems that do not arise when parcels are taken as a whole. Finally, partial takings engender opportunities for inefficient strategic behavior on the part of the government after the partial taking has been carried out. Current jurisprudence fails to resolve these problems and can even exacerbate them. …


Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett Jan 2006

Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett

All Faculty Scholarship

No abstract provided.


Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock Mar 2001

Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock Mar 2001

Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


A Role For State Planning, Fred P. Bosselman Jan 2001

A Role For State Planning, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock Mar 1999

Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Two Cheers For Shifting The Presumption Of Validity: A Reply To Professor Hopperton (With D. Mandelker), A. Dan Tarlock Mar 1997

Two Cheers For Shifting The Presumption Of Validity: A Reply To Professor Hopperton (With D. Mandelker), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman Jan 1997

The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther Jan 1997

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

All Faculty Scholarship

No abstract provided.


Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman Jan 1996

Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Four Land Ethics: Order, Reform, Responsibility, Opportunity, Fred P. Bosselman Jan 1994

Four Land Ethics: Order, Reform, Responsibility, Opportunity, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


The Shifting Presumption Of Constitutionality In Land Use Law, A. Dan Tarlock Mar 1992

The Shifting Presumption Of Constitutionality In Land Use Law, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman Jan 1992

The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill Jul 1991

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill

All Faculty Scholarship

No abstract provided.


Keystone Bituminous Coal, First English, Nollan: A Framework For Accommodation?, Peter W. Salsich Jan 1988

Keystone Bituminous Coal, First English, Nollan: A Framework For Accommodation?, Peter W. Salsich

All Faculty Scholarship

This article focuses on three Supreme Court cases that produced important developments for land use laws and redefined property rights: Keystone Bituminous Coal Association v. De Benedictis, First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, and Nollan v. California Coastal Commission. The article discusses these cases and the implications they have for both landowners and regulators. Keystone favors property regulators while First English and Nollan favor property owners, but the article emphasizes that when these cases are read together what emerges is a sense that both landowners and regulators have important common interests which the American …


Mandatory Tithes: The Legality Of Land Development Linkage (With N. Stroud), Fred P. Bosselman Jan 1985

Mandatory Tithes: The Legality Of Land Development Linkage (With N. Stroud), Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Pariah To Paragon: Developer Exactions In Florida 1975-85 (With N. Stroud), Fred P. Bosselman Jan 1985

Pariah To Paragon: Developer Exactions In Florida 1975-85 (With N. Stroud), Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Indian Religious Freedom And Governmental Development Of Public Lands, Sarah Barringer Gordon Jan 1985

Indian Religious Freedom And Governmental Development Of Public Lands, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.


Professor Hagman's Legacy To Legal Scholarship (With D. Mandelker), A. Dan Tarlock Mar 1982

Professor Hagman's Legacy To Legal Scholarship (With D. Mandelker), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability (With J. Bonder), Fred P. Bosselman Jan 1981

Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability (With J. Bonder), Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


An Economic Analysis Of Direct Voter Participation In Zoning Change, A. Dan Tarlock Mar 1980

An Economic Analysis Of Direct Voter Participation In Zoning Change, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman Jul 1976

Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Property Rights In Land: New Statutory Approaches, Fred P. Bosselman Jul 1975

Property Rights In Land: New Statutory Approaches, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Some Observations On The American Law Institute's Model Land Development Code, Fred P. Bosselman, George M. Raymond, Richard A. Persico Jul 1975

Some Observations On The American Law Institute's Model Land Development Code, Fred P. Bosselman, George M. Raymond, Richard A. Persico

All Faculty Scholarship

No abstract provided.


Growth Management And Constitutional Rights--Part I: The Blessings Of Quiet Seclusion, Fred P. Bosselman Jul 1974

Growth Management And Constitutional Rights--Part I: The Blessings Of Quiet Seclusion, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman Jul 1973

Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Statewide Land Use Regulations, Fred P. Bosselman Jul 1973

Statewide Land Use Regulations, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


A History Of Appalachian Coal Mines, Kenneth Lasson Mar 1972

A History Of Appalachian Coal Mines, Kenneth Lasson

All Faculty Scholarship

This portion of the study discusses the social and economic antecedents of today's Appalachian coal industry. The time covered includes from pre-history up to the date of the study (1972).


The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison Jan 1972

The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.