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Articles 1 - 20 of 20
Full-Text Articles in Land Use Law
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard D. Mccleary
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine, Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard D. Mccleary
Law Faculty Articles and Essays
In the decade since the U.S. Supreme Court’s decision in Alameda Books v. City of Los Angeles, 535 U.S. 425 (2002), the adult entertainment industry has attacked the legal rationale local governments rely upon as the justification for their regulation of adult businesses: that such businesses are associated with so-called negative secondary effects. These attacks have taken a variety of forms, including: trying to subject the studies of secondary effects relied upon by local governments to the Daubert standard for admission of scientific evidence in federal litigation; producing studies that purport to show no association between adult businesses and negative …
The Effect Of Rluipa's Land Use Provisions On Local Government, Alan C. Weinstein
The Effect Of Rluipa's Land Use Provisions On Local Government, Alan C. Weinstein
Law Faculty Articles and Essays
In the absence of perfect information about how RLUIPA has affected local governments, this article argues that the courts have adopted a pragmatic approach to maneuvering in the difficult terrain that RLUIPA occupies: combining appropriate judicial deference to a legislature that enacts a neutral law of general applicability with the heightened judicial scrutiny that becomes appropriate when that same law is applied to a specific zoning approval, a circumstance that frequently allows for subjectivity, and thus the potential for discrimination or arbitrariness against religious uses, in the approval process. I conclude that: (1) until proven otherwise, the costs RLUIPA undoubtedly …
Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, And Empirical Evidence, Alan Weinstein, Richard D. Mccleary
Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, And Empirical Evidence, Alan Weinstein, Richard D. Mccleary
Law Faculty Articles and Essays
Recent federal court decisions appear to limit the ability of cities to mitigate the ambient crime risks associated with adult entertainment businesses. In one instance, a court has assumed that criminological theories do not apply to “off-site” adult businesses. After developing the legal doctrine of secondary effects, we demonstrate that the prevailing criminological theory applies to all adult business models. To corroborate the theory, we report the results of a before/after quasi-experiment for an off-site adult business. When an off-site adult business opens, ambient crime risk doubles compared to a control area. As theory predicts, moreover, ambient victimization risk is …
How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein
How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein
Law Faculty Articles and Essays
This article discusses how local government can seek to avoid a claim being brought against it under the Religious Land Use & Institutionalized Persons Act (RLUIPA). Thus, the focus is not on what steps a local government should take when a RLUIPA claim is brought - or threatened to be brought - against it, but focuses instead on what steps local governments should take to seek to avoid a RLUIPA claim in the first place. After reviewing both the changing context of religious observance in the United States, and RLUIPA decisions to date, the article concludes that we are clearly …
Kelo: One Year Later, Alan C. Weinstein
Kelo: One Year Later, Alan C. Weinstein
Law Faculty Articles and Essays
June of 2006 marked the first anniversary of the United States Supreme Court's ruling in Kelo v. City of New London, making this a good time to analyze the past year's flurry of activity and assess what it means for local governments. As of mid-May of 2006, more than forty states were considering legislation in reaction to the Kelo ruling, and fifteen have already enacted such legislation.
Rluipa: Where Are We Now? Where Are We Heading?, Alan C. Weinstein
Rluipa: Where Are We Now? Where Are We Heading?, Alan C. Weinstein
Law Faculty Articles and Essays
Over the past three years, hardly a week has gone by without at least one news-story announcing that a church, synagogue, or religious school-I'll use the term “church” from here on as a shorthand for all houses of worship or other religious institutions—is claiming that its right to religious freedom is being infringed by local government land use regulations in violation of the Religious Land Use and Institutionalized Persons Act. RLUIPA, a federal statute signed into law in September 2000, was enacted to restore to full vigor legal protection for religious freedoms that the Act's proponents argue had been seriously …
Case Commentary - Martin V. Corporation Of The Presiding Bishop: Should Zoning Accommodate Religious Uses Or Vice Versa?, Alan C. Weinstein
Case Commentary - Martin V. Corporation Of The Presiding Bishop: Should Zoning Accommodate Religious Uses Or Vice Versa?, Alan C. Weinstein
Law Faculty Articles and Essays
In Martin v. Corporation of the Presiding Bishop, 747 N.E. 2d 131 (Mass. 2001), the highest court in Massachusetts rules that the Dover Amendment, a state statutes that denies local government the authority to "prohibit, regulate, or restrict the use of land or structures for religious purposes..." authorized the town of Belmont to grant a church special permission to build a steeple for a newly built Church of Jesus Christ of Latter Day Saints temple that was taller than the local zoning provisions would normally allow. Since Martin involved a Massachusetts statute, normally the decision would evoke limited interest, and …
The Dilemma Of Old, Urban Neighborhoods, W Dennis Keating
The Dilemma Of Old, Urban Neighborhoods, W Dennis Keating
Law Faculty Articles and Essays
In his recounting of the suburban migration from America's cities, journalist and broadcaster Ray Suarez laments the loss of the "old neighborhood". He extols its virtues while explaining its decline. Suarez's nostalgic examples recall the virtues of the extended family kinship, neighborliness, and other features of the "urban village." These are often associated with those urban neighborhoods populated by recent immigratns. These urban villages were thought to have peaked in the decades between the American Civil War and the onset of the First World War, when many U.S. cities industrialized and grew very rapidly. However, a continuing movement of migrants …
Conflicts In Regulating Religious Institutions, Alan C. Weinstein
Conflicts In Regulating Religious Institutions, Alan C. Weinstein
Law Faculty Articles and Essays
Over the past 25 years, religious institutions have greatly increased their claims of violation of religious freedom when they are denied zoning approval or subjected to historic preservation regulations. While no one can definitively explain the causes of this increase in First Amendment challenges, it can partially be traced to recent changes in both our society and the way our political/legal system conceptualizes religious freedom.
Zoning Ordinances And "Free Speech", Alan C. Weinstein
Zoning Ordinances And "Free Speech", Alan C. Weinstein
Law Faculty Articles and Essays
Over the past two decades there has been a marked expansion in legal challenges to local land use regulations claiming violations of the free speech clause of the First Amendment to the United States Constitution. First Amendment claims can arise whenever government enacts or enforces zoning or other regulations that deal with uses such as billboards or adult entertainment businesses. This article discusses why this litigation is taking place, provides an overview of First Amendment law, and offers local officials some guidelines to help avoid potential legal challenges.
The Challenge Of Providing Adequate Housing For The Elderly . . . Along With Everyone, Alan C. Weinstein
The Challenge Of Providing Adequate Housing For The Elderly . . . Along With Everyone, Alan C. Weinstein
Law Faculty Articles and Essays
Our patterns of land use and development have failed to accommodate the changed housing needs of an aging population. Primary among these needs is the desire of the elderly to be able to "age in place." To meet this need, America's suburban communities in particular will need to re-think their reliance on exclusive single-family zoning and begin planning and zoning for an increasingly large number of the elderly. Despite understandable concerns about maintaining housing values, this may well prove to be politically achievable simply because the very demographic changes that create the need will create a growing constituency in favor …
Revisiting The National Flood Insurance Program, Alan C. Weinstein
Revisiting The National Flood Insurance Program, Alan C. Weinstein
Law Faculty Articles and Essays
This article discusses the hazards proposed by floods, the options for their control, the operation of the National Flood Insurance Program, and the changes made by the 1994 amendments.
Book Review Essay, Urban Politics, The City Liberal, Progressive, And Conservative, W Dennis Keating
Book Review Essay, Urban Politics, The City Liberal, Progressive, And Conservative, W Dennis Keating
Law Faculty Articles and Essays
Reviewing Stella M. Capek and John I. Gilderboom, Community Versus Commodity: Tenants and the American City; Richard Edward DeLeon, Left Coast City: Progressive Politics in San Franscisco; Chis McNickle, To be Mayor of New York: Ethnic Politics in the City; John Hull Mollenkopf, A Phoenix in the Ashes: The Rise and Fall of the Koch Coalition in New York City Politics.
Courts Take Close Look At Adult Use Regs, Alan C. Weinstein
Courts Take Close Look At Adult Use Regs, Alan C. Weinstein
Law Faculty Articles and Essays
Regulations imposed on "adult businesses" by state or local government raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to sexually oriented media. This article provides an update on recent adult business cases dealing with locational restrictions, public indecency laws, licensing requirements, and public health regulations.
The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein
The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein
Law Faculty Articles and Essays
This Article proposes to examine the conflict between religious institutions and landmark preservation groups at both its empirical and normative levels. Part I of the Article provides an overview of historic preservation. It traces the development of the historic preservation movement, describes the standards and procedures commonly found in preservation ordinances, and discusses briefly the seminal cases in this field. Part II then attempts to answer three questions: (1) how extensive is the conflict between religious institutions and landmark commissions; (2) what has been the response of state and local legislatures to the conflict; and (3) what legal doctrines have …
Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.
Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.
Law Faculty Articles and Essays
In recent years, there has been a marked expansion in the types of uses, both commercial and nonprofit, that challenge land-use regulations on First Amendment grounds. This expansion is occurring for two reasons. First, "land use and the first amendment" is a developing area in the law. As is typical of developing areas in the law, litigants are encouraged to bring cases because the law is unsettled and they hope to create significant new rights. Second, a number of societal factors have coalesced to create a greater potential for conflict when government regulates the use of land. In part, this …
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein
Law Faculty Articles and Essays
Once again in the past year, the U.S. Supreme Court has entered an opinion involving the first amendment that has significant ramifications for local zoning and planning. This marks the third time since 1986 that the Court has handed down a decision in this field. The most important development in this area of the law since last year's committee report is the Supreme Court's decision in FW/PBS, Inc. v. City of Dallas, which addressed the validity of a comprehensive adult entertainment zoning and licensing ordinance enacted by Dallas in 1986. FW/PBS was followed with great interest because it marked the …
Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating
Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating
Law Faculty Articles and Essays
CDCs, both locally and nationally, are seeking broader support from government, corporations and foundations. Without increased sustained support, it is not clear that CDCs can really provide the housing, employment, and services necessary for the revitalization of urban neighborhoods that are truly integrated by income, race and ethnicity. However, given the failure of the private market to provide below market housing, and the inability of most large public housing authorities to expand the supply of public housing, CDCs are the best and often the only hope for affordable housing in these neighborhoods.
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.
Law Faculty Articles and Essays
In the mid-1980s, the focus in this area of the law was on nuisance closures and license revocation actions affecting adult bookstores and other kinds of establishments where either obscenity or illicit sexual activities were taking place. In our last committee report focusing on the first amendment area we reported on those areas of the law in light of the Supreme Court's decision in Arcara v. Cloud Books, Inc. Since then, there has been one important Fifth Circuit decision, FW/PBS Inc. v. City of Dallas, that the Supreme Court has agreed to review, with a decision expected in 1989. There …
Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating
Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating
Law Faculty Articles and Essays
Reviewing The Progressive City, Pierre Clavel, Planning and Participation, 1969-1984, Rutgers University Press, 1986.