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Full-Text Articles in Law
Yes, Thankfully, Euclid Lives, Charles M. Haara, Michael Allan Wolf
Yes, Thankfully, Euclid Lives, Charles M. Haara, Michael Allan Wolf
UF Law Faculty Publications
Professors Haar and Wolf reiterate their endorsement of Progressive jurisprudence, as embodied in the Supreme Court's opinion in Village of Euclid v. Ambler Realty Co., despite Professor Eric Claeys's effort to expose the political theory underlying Progressive legal thought. They highlight problems with Professor Claeys's portrayal of the actual practice of zoning and with his use of history, problems that seriously undercut Professor Claeys's findings regarding the political beliefs of early zoning and planning advocates, the evolution of zoning law in the courts, and the role natural law played in American legal history.
Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf
Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf
UF Law Faculty Publications
The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach-- Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co . This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …