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Full-Text Articles in Law
Billboards, Aesthetics, And The First Amendment: Municipal Sign Regulation After Metromedia, Alan Weinstein
Billboards, Aesthetics, And The First Amendment: Municipal Sign Regulation After Metromedia, Alan Weinstein
Law Faculty Articles and Essays
In Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981), 33 ZD 238, the U.S. Supreme Court, although sharply divided, held that states and municipalities could regulate signs and billboards to reduce traffic hazards and improve a community's appearance, but cautioned that regulations which imposed too many restrictions on protected First Amendment rights to freedom of speech would be struck down. The nine Supreme Court justices wrote five separate opinions in Metromedia, struggling to find a workable accommodation between free speech guarantees and the deference normally granted to a municipality's exercise of the police power.' This article, after …
The Reemergence Of Nuisance Law In Environmental Litigation, Alan Weinstein
The Reemergence Of Nuisance Law In Environmental Litigation, Alan Weinstein
Law Faculty Articles and Essays
In the summer of 1980, Chicago's beaches were fouled by raw and inadequately treated sewage, allegedly discharged into Lake Michigan by the Hammond (Indiana) Sanitary District. Clearly, Illinois and Chicago officials wanted to stop pollution of the lake. Surprisingly, they turned to the common law of nuisance, rather than to a regulatory agency or a statutory citizens' suit to obtain relief, charging the city of Hammond and the sanitary district with violations of the Illinois common law of nuisance. While planners are generally familiar with the application of common law nuisance doctrines to resolve disputes between conflicting uses of land, …
Mental Hospital Drugs, Professionalism, And The Constitution, Sheldon Gelman
Mental Hospital Drugs, Professionalism, And The Constitution, Sheldon Gelman
Law Faculty Articles and Essays
No abstract provided.
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Mental Hospital Drugging - Atomistic And Structural Remedies, Sheldon Gelman
Law Faculty Articles and Essays
Thirty years have passed since the discovery of Thorazine, a neuroleptic drug, and the drugging of American state mental patients has become commonplace. Part I distinguishes between two approaches to remedy--"structural" and "atomistic"--and, as a basis for testing the two, describes a state hospital's handling of the most serious drug side effect. This account also provides a sense of the dimensions of the drugging problems in state hospitals. Part II explores a family of atomistic remedies. These would address drugging problems by seeking to ensure that state doctors are knowledgeable about drugs and/or reasonably careful in administering them. I reject …
The Emerging State Court § 1983 Action: A Procedural Review , Steven H. Steinglass
The Emerging State Court § 1983 Action: A Procedural Review , Steven H. Steinglass
Law Faculty Articles and Essays
Although actions under § 1983 have traditionally been a federal court remedy, an increasing number of litigants have turned to the state courts to pursue claims under § 1983. In light of this trend, the author presents a comprehensive examination of state court § 1983 actions--focusing on the choice of the state forum as a tactical decision, the power and duty of state courts to hear § 1983 actions, and the specific procedural and remedial issues that will arise in state court § 1983 litigation.
Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever
Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever
Law Faculty Articles and Essays
We are in the midst of a revolution in information collection and telecommunications. Computer networking, the unification of the various telecommunications systems, the establishment of central data banks, and government tracking and profiling of vast numbers of Americans present momentous challenges for our constitutional system. Increasingly, in our evolving culture, an individual enters the public setting in order to conduct his personal life. Fourth Amendment doctrine respecting electronic surveillance, as well as Supreme Court notions of "free choice" and "assumption of risk" must come to grips with this new reality. In the main, the author urges judicial intervention, as the …
Islam And Politics, David F. Forte
Islam And Politics, David F. Forte
Law Faculty Articles and Essays
We can thus see that Islamic tradition has recognized the venerability of the Shari'a but that the same tradition has historically given the state means to workaround the limits of the Shari'a. How far it should go has always been debated in Islam. The debate and the alternative theories all stem from the fact that the Shari'a never developed a constitutional basis for itself due to its history and the notion of law as simply the refinement of divine command. The competing views of the Shari'a's proper place have jousted with one another for a thousand years. They will continue …