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Full-Text Articles in Law

Civil Rights And Related Decisions, Eileen Kaufman Jan 2007

Civil Rights And Related Decisions, Eileen Kaufman

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No abstract provided.


Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin Jan 2007

Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin

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With almost ten years of nationwide dialogue and experimentation with the legal implementation of smart growth concepts at the state and local levels, this paper pauses to consider whether and to what extent success has been realized. The one certainty in this dynamic intersection of land development and conservation is that there is no one best model adaptable to all fifty states. Rather, to accommodate national diversity in local government structure, cultural relationships of people to the land, and differences in geography and a sense of place, the best lesson learned is that advocates and lawmakers alike must shape and …


Planners Gone Wild: The Overregulation Of Parking, Michael Lewyn Jan 2007

Planners Gone Wild: The Overregulation Of Parking, Michael Lewyn

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No abstract provided.


Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin Jan 2007

Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin

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This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.


"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky Jan 2007

"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky

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No abstract provided.


Charles Reich's Journey From The Yale Law Journal To The New York Times Best-Seller List: The Personal History Of The Greening Of America, Rodger D. Citron Jan 2007

Charles Reich's Journey From The Yale Law Journal To The New York Times Best-Seller List: The Personal History Of The Greening Of America, Rodger D. Citron

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No abstract provided.


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman Jan 2007

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman

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No abstract provided.


Consequences Of Power, Tamara Relis Jan 2007

Consequences Of Power, Tamara Relis

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This Article challenges a basic premise that litigants and their attorneys broadly understand and desire similar things from litigation-track mediation processes. In providing new empirical research from medical malpractice cases, I offer disconcerting evidence of the surprising degree to which perceptions and meanings ascribed to these litigation-track processes are not only diverse, but frequently contradictory. I demonstrate that notwithstanding their different allegiances, lawyers on all sides of cases have correspondingly similar understandings of the meaning and purpose of litigation-track mediations. At the same time, I show how plaintiffs and defendants have the same understandings and visions of what mediation is …


Five Myths About Sprawl, Michael Lewyn Jan 2007

Five Myths About Sprawl, Michael Lewyn

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In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing case for the status quo, asserting that sprawl is "a natural result of affluence that occurs in all urbanized societies." Bruegmann's book has generated glowing media publicity. This article suggests that Bruegmann overestimates the universality of sprawl, by overlooking the differences between pedestrian-friendly cities with some sprawling development and cities in which automobile-dependent sprawl is the only choice available to most consumers. In addition, Bruegmann understates the harmful social effects of sprawl, especially the effect of automobile-dependent development upon non-drivers. Bruegmann also consistently underestimates the …


Emerging Applications Of Jewish Law In American Legal Scholarship: An Introduction, Samuel J. Levine Jan 2007

Emerging Applications Of Jewish Law In American Legal Scholarship: An Introduction, Samuel J. Levine

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In recent years, the field of Jewish law has gained increasing prominence in American law schools and legal scholarship. At the same time, in the realm of scholarship, a substantial body of literature has developed considering the relevance of Jewish legal thought to a variety of issues in the American legal system. As the substance, scope, and volume of this scholarship demonstrate, an analysis of Jewish law may prove helpful in providing comparisons and contrasts to both controversial and seemingly settled areas of American law. At the 2007 Annual Meeting of the Association of American Law Schools, the Section on …


Illuminating The Dark: The Stories Of Lowell B. Komie And The Pursuit Of Meaningful Work, Louise Harmon Jan 2007

Illuminating The Dark: The Stories Of Lowell B. Komie And The Pursuit Of Meaningful Work, Louise Harmon

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No abstract provided.


Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein Jan 2007

Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein

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No abstract provided.


Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis Jan 2007

Why Not A Justice School? On The Role Of Justice In Legal Education And The Construction Of A Pedagogy Of Justice, Peter L. Davis

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Why are law schools not named schools of justice, or, at least, schools of law and justice? Of course, virtually every law school will reply that this is nit-picking; all claim to be devoted to the study of justice. But our concern is not so easily dismissed. The names of institutions carry great significance; they deliver a political, social, or economic message. . . This Article contends that not only do law schools virtually ignore justice – a concept that is supposed to be the goal of all legal systems – they go so far as to denigrate it and …


Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer Jan 2007

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

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No abstract provided.


"It's Not About The Money!": A Theory On Misconceptions Of Plaintiffs' Litigation Aims, Tamara Relis Jan 2007

"It's Not About The Money!": A Theory On Misconceptions Of Plaintiffs' Litigation Aims, Tamara Relis

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This Article examines from a new angle a long-standing debate on a central question of the legal system: why plaintiffs sue and what they seek from litigation. Legal research has documented various extra-legal aims or non-economic agendas of plaintiffs who commence legal proceedings for various case-types. However, current debates have failed to address this issue in depth from the perspectives of plaintiffs themselves, subsequent to lawyers conditioning them on legal system realities and translating their disputes into legally cognizable compartments. Nor have understandings of plaintiffs' aims been examined from the perspectives of defense lawyers. These are significant gaps in the …


Academic Freedom As Private Ordering: Politics And Professionalism In The 21st Century, Deborah W. Post Jan 2007

Academic Freedom As Private Ordering: Politics And Professionalism In The 21st Century, Deborah W. Post

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No abstract provided.


Reflections On Responsibilities In The Public Square, Through A Perspective Of Jewish Tradition: A Brief Biblical Survey, Samuel J. Levine Jan 2007

Reflections On Responsibilities In The Public Square, Through A Perspective Of Jewish Tradition: A Brief Biblical Survey, Samuel J. Levine

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In recent years, there has developed in the United States a substantial and growing interest in the role of religion in the public square. Within religious communities, the conversation has, at times, focused on the approach of specific religious traditions toward their own responsibilities to contribute to and influence the moral, ethical, and legal standards of American society. For Jewish communities living in the United States, these questions comprise yet another application of issues the Jewish people has confronted throughout its history. To the extent that the nature of American political and social structures differ significantly from those experienced by …


How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael Lewyn Jan 2007

How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael Lewyn

Scholarly Works

No abstract provided.


You Can Have It All: Less Sprawl And Property Rights Too, Michael Lewyn Jan 2007

You Can Have It All: Less Sprawl And Property Rights Too, Michael Lewyn

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Some commentators believe that smart growth and property rights are at loggerheads - and to be sure, these theories do lead to differing positions on a few issues (most notably urban growth boundaries and similar anti-sprawl regulations). But as to a wide variety of issues, smart growth advocates and property rights theorists can find common ground. Both groups can support eliminating zoning regulations that mandate automobile-dependent, sprawling development, such as single-use zoning, minimum parking requirements and minimum lot size requirements.


Mixing Oil And Water: Reconciling The Substantial Factor And Results-With-In-The-Risk Approaches To Proximate Cause, Peter Zablotsky Jan 2007

Mixing Oil And Water: Reconciling The Substantial Factor And Results-With-In-The-Risk Approaches To Proximate Cause, Peter Zablotsky

Scholarly Works

No abstract provided.


Innocents Abroad: Reflections On Summer Abroad Law Programs, Eileen Kaufman, Louise Harmon Jan 2007

Innocents Abroad: Reflections On Summer Abroad Law Programs, Eileen Kaufman, Louise Harmon

Scholarly Works

No abstract provided.