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The Right To Enforce: Why Rluipa's Land Use Provisions Is A Constitutional Federal Enforcement Power, Qasim Rashid
The Right To Enforce: Why Rluipa's Land Use Provisions Is A Constitutional Federal Enforcement Power, Qasim Rashid
Law Student Publications
The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) superseded the Religious Freedom Restoration Act (“RFRA”), which the Supreme Court held unconstitutional in its application to states in 1997. A two-pronged law, RLUIPA protects prisoners from unjust impositions to their freedom of worship and also ensures religious institutions may use their property for legitimate worship purposes without burdensome zoning law restrictions. This paper focuses specifically on the latter prong and analyzes RLUIPA in light of the growing Islamophobia in America during the previous twenty-four months. For example, the United States Department of Justice reports “of the eighteen RLUIPA matters involving …
Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries?, Anne T. T. Jensen
Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries?, Anne T. T. Jensen
Law Student Publications
This article will provide both an analysis of the legal concept of eminent domain and its likelihood of success in resuscitating real estate markets in towns like San Bernandino. Sections Two and Three will explore the background of the mortgage crisis and provide an in-depth description of the eminent domain proposal by the Mortgage Resolution Partners ("MRP"). Section Four takes a deeper look into the state and federal precedent on a municipality's power to use eminent domain, revealing that the definition of "legitimate public purpose" would likely apply to the seizing of mortgages. Finally, Section Five will focus on the …