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Full-Text Articles in Law

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold Jan 2001

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold

Articles & Chapters

No abstract provided.


The Challenge Of Providing Adequate Housing For The Elderly . . . Along With Everyone, Alan C. Weinstein Jan 1997

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 …


Fair Housing Act (Symposium: The Supreme Court And Local Government Law: The 1994-95 Term), Leon D. Lazer Jan 1996

Fair Housing Act (Symposium: The Supreme Court And Local Government Law: The 1994-95 Term), Leon D. Lazer

Scholarly Works

No abstract provided.


Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin Jan 1994

Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin

Scholarly Works

No abstract provided.


The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano Jan 1993

The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano

Scholarly Works

No abstract provided.


A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger Jan 1992

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …


Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon Jan 1988

Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article is devoted to an examination of local land use regulation in the context of the use of SEQRA and its mandate, to mitigate environmental impacts to require the provision of affordable housing in high cost housing markets. As such, it looks at one contemporary manifestation of the growth of police power authority to meet new land use challenges.


Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm Dec 1978

Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

This article addresses the question of whether housing practices that produce discriminatory effects violate the Fair Housing Act. The language and legislative history of the statute are examined, the analogy to employment discrimination law is explored, and the principal Title VIII cases are considered in an effort to determine just what racial discrimination is under the Fair Housing Act. This analysis leads to a suggested approach for evaluating Title VIII cases that are based on discriminatory effect, including how such an effect may be shown by the plaintiff and what significance such a showing should have in terms of the …