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Land Use Law

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1989

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Articles 1 - 26 of 26

Full-Text Articles in Law

The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian Oct 1989

The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian

University of Michigan Journal of Law Reform

This Note first reviews the evolution of obscenity law, concentrating on the modern obscenity test formulated in Miller v. California, including its requirement that any obscenity prosecution must be based on a state statute, not merely on the common law. It then examines the elements of the Miller test, arguing that legislatures may determine statewide "community standards" of patently offensive depictions of sexual conduct and discusses the permissibility of legislative expansion of pornography regulation beyond the present boundaries. Part II examines the federal courts' analysis of the civil rights-based antipornography ordinance passed in Indianapolis. Part III suggests standards for …

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Front Matter, Natural Resources Journal Jul 1989

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

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Using Surveys To Value Public Goods: The Contingent Valuation Method, Raymond Price Jul 1989

Using Surveys To Value Public Goods: The Contingent Valuation Method, Raymond Price

Natural Resources Journal

No abstract provided.

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Interior Turns Off Tap For Wilderness Areas, M. Gloria Tristani Jul 1989

Interior Turns Off Tap For Wilderness Areas, M. Gloria Tristani

Natural Resources Journal

No abstract provided.

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Growth Management In The 1980s: A New Consensus And A Change Of Strategy, Susan M. Sinclair Jun 1989

Growth Management In The 1980s: A New Consensus And A Change Of Strategy, Susan M. Sinclair

New England Journal of Public Policy

After a decade of relative silence on the issue of land use planning, legislatures in several states are reassessing the relative roles of state and local governments in the management of growth and development. When state governments first addressed the land use issue in the late 1960s and the early 1970s, environmental concerns dominated the debate. During this period a number of states established regulatory mechanisms for bringing certain kinds of development under state review. During the late 1970s and early 1980s there was a hiatus in state-level activity on land use issues. Since 1985, however, the issue has reemerged …

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The Problems Of Rural Reindustrialization: A Case Study Of Monroe, Massachusetts, Jeanne H. Armstrong, John R. Mullin Jun 1989

The Problems Of Rural Reindustrialization: A Case Study Of Monroe, Massachusetts, Jeanne H. Armstrong, John R. Mullin

New England Journal of Public Policy

Owing to the departure of the mill industry from rural New England, many small towns have suffered erosion of their economic base. These towns and villages face a declining population, vacant mills, and an aging workforce. Monroe, Massachusetts, is an example of the problems of rural reindustrialization. This article concludes that state intervention is required for the restoration of productivity.

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Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle May 1989

Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle

Seattle University Law Review

Within a recent two-month period, the Washington Supreme Court issued decisions in two major regulatory taking cases, Orion Corporation v. State, and Allingham v. City of Seattle. In both cases, land use regulations were challenged on the basis of the taking clauses of the federal and state constitutions. This Article analyzes and critically assesses Orion's ambitious doctrinal initiative in light of the Allingham enigma and charts a tentative course toward more coherent regulatory taking doctrine. A pervasive and hopeful theme of the Article is that a latent, largely unarticulated or misstated doctrine exists, just waiting for explicit judicial …

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Symposium Introduction: New Challenges To State Water Allocation Sovereignty, Charles T. Dumars, A. Dan Tarlock Apr 1989

Symposium Introduction: New Challenges To State Water Allocation Sovereignty, Charles T. Dumars, A. Dan Tarlock

Natural Resources Journal

No abstract provided.

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New Direction In Scared Lands Claims: Lying V. Northwest Indian Cemetary Protective Association, Nancy Akins Apr 1989

New Direction In Scared Lands Claims: Lying V. Northwest Indian Cemetary Protective Association, Nancy Akins

Natural Resources Journal

No abstract provided.

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Reforming The Forest Service, Denise D. Fort Apr 1989

Reforming The Forest Service, Denise D. Fort

Natural Resources Journal

No abstract provided.

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Tribute, A. Dan Tarlock Apr 1989

Tribute, A. Dan Tarlock

Natural Resources Journal

No abstract provided.

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Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone Apr 1989

Conservation At The Crossroads: Reauthorization Of The 1985 Farm Bill Conservation Provisions, Linda A. Malone

Faculty Publications

No abstract provided.

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Pushing State Regulatory Commissions Behind The Bright Line: Ferc Jurisdiction Pervails In Mississippi Power & (And) Light Co. V. Mississippi Ex Rel. Moore, Elizabeth Newlin Taylor Apr 1989

Pushing State Regulatory Commissions Behind The Bright Line: Ferc Jurisdiction Pervails In Mississippi Power & (And) Light Co. V. Mississippi Ex Rel. Moore, Elizabeth Newlin Taylor

Natural Resources Journal

No abstract provided.

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On Vested Rights To Land Use And Development, Grayson P. Hanes, J. Randall Minchew Mar 1989

On Vested Rights To Land Use And Development, Grayson P. Hanes, J. Randall Minchew

Washington and Lee Law Review

No abstract provided.

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Turning Up The Heat In Hell’S Kitchen: Linking Harassment To Owners Seeking Building Permits In New York City’S Clinton District, Faith Glickman Rossi Feb 1989

Turning Up The Heat In Hell’S Kitchen: Linking Harassment To Owners Seeking Building Permits In New York City’S Clinton District, Faith Glickman Rossi

Cardozo Law Review

No abstract provided.

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The Advent Of Zoning, Garrett Power Jan 1989

The Advent Of Zoning, Garrett Power

Faculty Scholarship

This essay looks at some of the lawyers and judges who were instrumental in the enactment and judicial approval of American zoning laws.

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Joint Resolution S.J. Res. 67, Natural Resources Journal Jan 1989

Joint Resolution S.J. Res. 67, Natural Resources Journal

Natural Resources Journal

No abstract provided.

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Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole Jan 1989

Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

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The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr Jan 1989

The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr

Faculty Works

In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …

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Wilderness In Canada: Past, Present, Future, J. Gordon Nelson Jan 1989

Wilderness In Canada: Past, Present, Future, J. Gordon Nelson

Natural Resources Journal

No abstract provided.

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Obituary For William Robert Derrick Sewell 1931-1987, Harold D. Foster Jan 1989

Obituary For William Robert Derrick Sewell 1931-1987, Harold D. Foster

Natural Resources Journal

No abstract provided.

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A Prolegomenon To Understanding The Developer’S True Statutory Responsibilities Under Seqra, Donald S. Snider, Gerald M. Levine Jan 1989

A Prolegomenon To Understanding The Developer’S True Statutory Responsibilities Under Seqra, Donald S. Snider, Gerald M. Levine

Touro Law Review

No abstract provided.

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Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating Jan 1989

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.

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First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr. Jan 1989

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 …

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Law And A New Land Ethic, John A. Humbach Jan 1989

Law And A New Land Ethic, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

As open space comes under increasing development pressure, existing-use zoning provides a direct and forthright way to preserve the line between urban and non-urban land use. Ultimately it may be the only practical means for protecting high-demand or sensitive areas such as wetlands, coastlines, lakeshores, floodplains, stream corridors, and pristine reservoir watersheds. This Article reviews the viability of existing-use zoning under United States Supreme Court interpretations of the Constitution's takings clause. It concludes that nothing in those interpretations disallows this straightforward approach to preserving our country's familiar patterns of land use and development.

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County Home Rule: St. Clair, Dupage And Will Counties Have Opened The Door To Its Powers And Should Welcome Its Arrival, 22 J. Marshall L. Rev. 763 (1989), Janet Northrop Petsche Jan 1989

County Home Rule: St. Clair, Dupage And Will Counties Have Opened The Door To Its Powers And Should Welcome Its Arrival, 22 J. Marshall L. Rev. 763 (1989), Janet Northrop Petsche

UIC Law Review

No abstract provided.

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