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- Advertising (1)
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- City of Cincinnati v. Discovery Network (1)
- Clean Water Act (1)
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- Consumers (1)
- Contracting (1)
- Discrimination (1)
- Interstate Commerce Clause (1)
- Metromedia Inc. v. City of San Diego (1)
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- Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (SWANCC) (1)
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- United States v. Lopez (1)
- Visual clutter (1)
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Articles 1 - 3 of 3
Full-Text Articles in Law
Applying 42 U.S.C. § 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson
Applying 42 U.S.C. § 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson
University of Michigan Journal of Law Reform
This Note explores several interesting legal questions regarding the proper interpretation of 42 U.S.C. § 1981, which prohibits racial discrimination in contracting, when discrimination arises in the context of a consumer retail contract. The Note further explores how the Fifth Circuit's and other federal courts' narrow interpretation of § 1981's application in a retail setting (which allows plaintiffs to invoke the statute only when they have been prevented from completing their purchases) is contrary to the statute's express language, congressional intent, and to evolving concepts of contract theory, all of which reflect a commitment to the strict enforcement of civil …
Swancc'S Clear Statement: A Delimitation Of Congress's Commerce Clause Authority To Regulate Water Pollution, Matthew B. Baumgartner
Swancc'S Clear Statement: A Delimitation Of Congress's Commerce Clause Authority To Regulate Water Pollution, Matthew B. Baumgartner
Michigan Law Review
Perhaps the most controversial aspect of federal water pollution law is wetland regulation. Wetlands are typically marshy or swampy areas with hydrologic soils and vegetation. Their ecological value is widely recognized, but wetlands often stand in the way of lucrative commercial development projects. Thus, the battle over the validity of federal wetland regulation is a classic fight between environmentalists and industry. The wetlands controversy is also paradigmatic of the perpetual struggle to define the constitutional limits to federal regulation. The country's main water pollution control law, the Clean Water Act (CWA), purports to regulate all "navigable waters," which it defines …
Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo
Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo
Michigan Law Review
This Note argues that passing close to Discovery Network is the safest route - municipalities can still drastically reduce visual clutter by regulating commercial speech alone without violating the First Amendment. Part I looks at the onsite/offsite distinction, a singularly popular method of sign regulation, and concludes that this distinction runs squarely afoul of Metromedia. Part II looks at the once-accepted alternative route - the commercial/noncommercial distinction - and argues that this distinction does not run afoul of Discovery Network. Rather, a close reading of Discovery Network permits the regulation of exclusively commercial billboards where, as typically, they …