Law Commons^™

How Mobile Homes Correlate With Per Capita Income, Randall K. Johnson

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This study looks at the nature of the relationship between the number of state-regulated mobile homes and per capita income, so as to determine whether higher-income parts of Illinois have more mobile homes than would be predicted by the conventional wisdom. It does so by identifying a simple way to determine the nature of any relationship between mobile homes and per capita income, which the conventional wisdom assumes to be negative, if only at the county level in Illinois. The study, specifically, collects and analyzes mobile home data from Illinois and per capita income data from the U.S. Census. After …

The Green Economy: Strategic Planning For A Future?, Irma S. Russell

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While the green economy is uniquely dependent on imagination, it is not imaginary. While it needs ideas to grow, it is not necessarily ideological. The term “green economy” brings to mind for many people wind turbines and solar energy installations, and, perhaps, organic produce and free-range chickens as well. All these usages convey the sense of “sustainability.” The use of the term “green” -- long associated with growth and life -- is in keeping with the term “sustainability” as articulated in the 1987 United Nation Brundtland Report, entitled Our Common Future. The report defines the term “sustainability” as “meeting the …

The Use And Preservation Of Grasslands: The Logic Of Hard Lessons, Irma S. Russell

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Planning for preservation of grasslands and all environmental resources is essential for the long-term well-being of the environment and humans. The interrelated nature of all resources of the physical world requires sustainable practices to maintain productivity and life. Recognition that the often-overlooked resource of grasslands is foundational to economic, environmental, and political stability of the region leads to the conclusion that planning for the long-range health of grasslands is essential to the economy as well as to the environment. Part II of this article explores the history of grasslands of the Midwest. It identifies the historical mismanagement of grasslands and …

Cities, Inclusion And Exactions, Audrey G. Mcfarlane, Randall K. Johnson

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Cities across the country are adapting mandatory inclusionary zoning. Yet, consensus about the appropriate constitutional standard to measure the propriety of mandatory inclusionary zoning has not been fully reached. Under one doctrinal lens, inclusionary zoning is a valid land use regulation adopted to ensure a proper balance of housing within the jurisdiction. Under another doctrinal lens, challengers seek to characterize inclusionary zoning as an exaction, a discretionary condition subject to a heightened standard of review addressing the specific negative impact caused by an individual project on the supply of affordable housing in a jurisdiction. Drawing from the experience of Baltimore, …

The Ozark National Scenic Riverways And The Sagebrush Rebellion In Missouri, John W. Ragsdale Jr

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This article focuses on the back country-the Ozark National Scenic Riverways (ONSR) and the community around and with the rivers. It begins historically, tracing the origins and courses of stable-state, subsistence agricultural societies in the rugged hills overlooking the Current and Jacks Fork Rivers. It shows that such societies, though autonomous, are vulnerable to outside aggression. War, raiders, in­dustrial timbermen, and modern technology can shatter the environ­mental balance. Dam builders, government land managers, and tour­ism can erode internal sovereignty, custom, and self-esteem. These forces befell the Ozark highlands around the ONSR.

Out of the breakdown of land and economy, and …

The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr

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The most recent manifestation of the Sagebrush Rebellion is a mind-bending, consciousness altering, looking glass version of logic and reality. The sight of Cliven Bundy with his big hat, massive silver belt buckle, and his equally sizeable paunch, his unemployable spawn, the late, doggedly litigious Wayne Hage and his dutiful descendants, the swat teams of heavily armed, confrontation-seeking acolytes, equipped with flak jackets, AK-47s, second amendment signage, and "patriot" bling is, to be charitable, cartoonish. This clown car has emerged, clad in the sackcloth of "injured innocence" and professing to be the beleaguered natives of the Great Basin's high desert. …

How Tax Increment Financing (Tif) Districts Correlate With Taxable Properties, Randall K. Johnson

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This article deals with Tax Increment Financing (TIF), which is a popular economic development tool. TIF borrows against future tax revenues to subsidize current development projects. In Illinois, this economic development tool is justified by its promise to expand the local tax base: by increasing tax revenues, increasing the number of tax payers or increasing the number of taxable properties in the area. However, it is not clear that TIF delivers on its promise. A new dataset, which is introduced in this article, helps to clarify the issue. It does so by providing information about the number of TIF Districts …

To Return From Where We Started: Revisioning Of Property, Land Use, Economy, And Regulation In America, John W. Ragsdale Jr

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No abstract provided.

Introduction: The Sustainability Principle, Irma S. Russell

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No abstract provided.

A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell

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No abstract provided.

Alternative Communities For The High Plains: An Exploratory Essay On Holistic Responses To Issues Of Environment, Economy, And Society, John W. Ragsdale Jr

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No abstract provided.

Thoughts On Some Potential Appellate And Trial Court Applications Of Therapeutic Jurisprudence, Steve Leben

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To date, the application of therapeutic jurisprudence principles has been concentrated mainly on specialized trial courts: drug treat­ment courts, domestic violence courts, criminal courts, and juvenile and family courts. Its application to trial courts generally, as well as its application to the appellate courts, remains largely unexplored. This Article considers three areas in which trial and appellate courts may want to consider applying therapeutic jurisprudence.

My conclusions about the application of therapeutic jurispru­dence to the appellate courts are admittedly tentative ones: my day job is sitting as a state general jurisdiction trial judge, not as an appel­late court judge. Although …

New Direction For Preservation Law: Creating An Environment Worth Experiencing, Douglas O. Linder

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No abstract provided.

The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr

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In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …

A Synthesis And Integration Of Supreme Court Precedent Regarding The Regulatory Taking Of Land, John W. Ragsdale Jr

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In the post World War II era of rapid land development, emergent environmental problems, and heightened legislative response, the taking clause has proved to be the most pervasive and significant limitation on the power of government over private land usage. The dimensions and implications of this provision and the interpretive Supreme Court opinions have attracted the attention of numerous scholars whose efforts, usually, have been rather critical. The authors have often sought to question the logic, language and premises of fundamental opinions, to warn of the economic, moral and ecological consequences of portended judicial trends, to pose new taking tests …

Beyond Shooting Snail Darters In Pork Barrels: Endangered Species And Land Use In America, George Cameron Coggins, Irma S. Russell

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No abstract provided.

The Higher Consciousness Of Plans And Planners: Lessons From Israel And Nepa, Rachel Alterman, John W. Ragsdale Jr

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In the United States and in much of the Western world, private economic initiative and private property are accorded sufficient pro­tection-either constitutionally or statutorily-to hamper the effi­cacy of public planning and implementation. Political fragmenta­tion in metropolitan areas, extensive private land holdings, and constitutional entitlement to a reasonable economic return from regulated land insures that, in the United States, both land use plans and the regulations implementing them will be incompletely realized.

Beleaguered Western planners, then, weary from ongoing battles with neighboring, egocentric communities and legions of specula­ tors, developers and profiteers, might be expected to look with envy at the …

The Court's Role In The Evolution Of Power Over Land, John W. Ragsdale Jr, Richard P. Sher

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No abstract provided.

Timing And Sequential Controls--The Essential Basis For Effective Regional Planning: An Analysis Of The New Directions For Land Use Control In The Minneapolis-St. Paul Metropolitan Region, Robert H. Freilich, John W. Ragsdale Jr

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No abstract provided.