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Articles 1 - 5 of 5

Full-Text Articles in Land Use Law

The Influence Of Exile, Sara K. Rankin Nov 2016

The Influence Of Exile, Sara K. Rankin

Maryland Law Review

Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls “the influence of exile,” reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups’ access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …


Singled Out, Michael Pappas Nov 2016

Singled Out, Michael Pappas

Maryland Law Review

David has been “singled out.” He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?

Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.

However, courts and scholars have yet to critically examine the concept of singling-out, and …


Negotiations In The Aftermath Of Koontz, Daniel P. Selmi Apr 2016

Negotiations In The Aftermath Of Koontz, Daniel P. Selmi

Maryland Law Review

No abstract provided.


Climate Exactions, J. Peter Byrne, Kathryn A. Zyla Apr 2016

Climate Exactions, J. Peter Byrne, Kathryn A. Zyla

Maryland Law Review

No abstract provided.


The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman Apr 2016

The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman

Maryland Law Review

No abstract provided.