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Articles 31 - 50 of 50
Full-Text Articles in Law
Zoning Ordinances And "Free Speech", Alan C. Weinstein
Zoning Ordinances And "Free Speech", Alan C. Weinstein
Law Faculty Articles and Essays
Over the past two decades there has been a marked expansion in legal challenges to local land use regulations claiming violations of the free speech clause of the First Amendment to the United States Constitution. First Amendment claims can arise whenever government enacts or enforces zoning or other regulations that deal with uses such as billboards or adult entertainment businesses. This article discusses why this litigation is taking place, provides an overview of First Amendment law, and offers local officials some guidelines to help avoid potential legal challenges.
The Parma Housing Racial Discrimination Remedy Revisited, W Dennis Keating
The Parma Housing Racial Discrimination Remedy Revisited, W Dennis Keating
Law Faculty Articles and Essays
In 1980, the city of Parma, Ohio, Cleveland's largest suburban city was found guilty of violating the Fair Housing Act. Federal District Court Judge Frank Battisti imposed an extensive remedy upon Parma. Upon approval by the Sixth Circuit of the imposed remedy, its implementation began in 1982. Controversy surrounded much of the remedy, and fourteen years later following Battisti's death, Federal District Court judge Kathleen O'Malley approved a new settlment aimed at ending the court's supervision of the modified remedy after another two years. Along with the Gautreaux, Mt. Laurel, and Yonkers cases, the Parma case represents a longstanding remedy …
The Challenge Of Providing Adequate Housing For The Elderly . . . Along With Everyone, Alan C. Weinstein
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 …
Commentary: Noam Chomsky And Judicial Review, James G. Wilson
Commentary: Noam Chomsky And Judicial Review, James G. Wilson
Law Faculty Articles and Essays
Although Chomsky has never discussed judicial review in any detail, he recently made several interesting observations. He believes America's governmental structure remains acceptable, even desirable, even though all three federal branches have not just failed to protect us from private power's excesses but instead have devoted far too much of their energy and power to enhancing private power. The constitutional text creates a unique relationship between the Supreme Court and private power. Because the Court is staffed by unelected Justices who need not pander for money to be reelected, it is more independent of the rich and powerful than either …
Revisiting The National Flood Insurance Program, Alan C. Weinstein
Revisiting The National Flood Insurance Program, Alan C. Weinstein
Law Faculty Articles and Essays
This article discusses the hazards proposed by floods, the options for their control, the operation of the National Flood Insurance Program, and the changes made by the 1994 amendments.
Book Review Essay, Urban Politics, The City Liberal, Progressive, And Conservative, W Dennis Keating
Book Review Essay, Urban Politics, The City Liberal, Progressive, And Conservative, W Dennis Keating
Law Faculty Articles and Essays
Reviewing Stella M. Capek and John I. Gilderboom, Community Versus Commodity: Tenants and the American City; Richard Edward DeLeon, Left Coast City: Progressive Politics in San Franscisco; Chis McNickle, To be Mayor of New York: Ethnic Politics in the City; John Hull Mollenkopf, A Phoenix in the Ashes: The Rise and Fall of the Koch Coalition in New York City Politics.
Courts Take Close Look At Adult Use Regs, Alan C. Weinstein
Courts Take Close Look At Adult Use Regs, Alan C. Weinstein
Law Faculty Articles and Essays
Regulations imposed on "adult businesses" by state or local government raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to sexually oriented media. This article provides an update on recent adult business cases dealing with locational restrictions, public indecency laws, licensing requirements, and public health regulations.
American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson
Law Faculty Articles and Essays
The concept of nonjusticiability, reflected primarily through the “political question” and the “standing” doctrines, fails to give the Supreme Court (and the rest of us) adequate guidance on how to resolve many constitutional disputes, such as impeachment procedures and standards, congressional expulsions, the scope of federal court jurisdiction, and the use of force abroad. These two doctrines put the Supreme Court on the horns of a false dichotomy. The Court tends to withdraw completely from an issue and from enforcing a textual passage, such as the Republican Guarantee Clause, whenever it makes a determination of nonjusticiability. Conversely, once the Court …
The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein
The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein
Law Faculty Articles and Essays
This Article proposes to examine the conflict between religious institutions and landmark preservation groups at both its empirical and normative levels. Part I of the Article provides an overview of historic preservation. It traces the development of the historic preservation movement, describes the standards and procedures commonly found in preservation ordinances, and discusses briefly the seminal cases in this field. Part II then attempts to answer three questions: (1) how extensive is the conflict between religious institutions and landmark commissions; (2) what has been the response of state and local legislatures to the conflict; and (3) what legal doctrines have …
Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.
Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.
Law Faculty Articles and Essays
In recent years, there has been a marked expansion in the types of uses, both commercial and nonprofit, that challenge land-use regulations on First Amendment grounds. This expansion is occurring for two reasons. First, "land use and the first amendment" is a developing area in the law. As is typical of developing areas in the law, litigants are encouraged to bring cases because the law is unsettled and they hope to create significant new rights. Second, a number of societal factors have coalesced to create a greater potential for conflict when government regulates the use of land. In part, this …
Altered States: A Comparison Of Separation Of Powers In The United States And In The United Kingdom, James G. Wilson
Altered States: A Comparison Of Separation Of Powers In The United States And In The United Kingdom, James G. Wilson
Law Faculty Articles and Essays
This Article initially will compare the United States Constitution and the British constitution both to evaluate Young, Morrison, and Misretta, and to develop a sounder approach to all structural issues. Comparative constitutional law provides some of the "experience" needed to decide abstract structural cases. Predicting the reverberations of a proposed change within a system will be easier if one has studied how similar alterations have affected similar organizations. The British constitution is particularly germane because it was a model for the American Constitution. The two countries have a shared legal tradition and frequently generate similar positive law. The British constitution …
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein
Law Faculty Articles and Essays
Once again in the past year, the U.S. Supreme Court has entered an opinion involving the first amendment that has significant ramifications for local zoning and planning. This marks the third time since 1986 that the Court has handed down a decision in this field. The most important development in this area of the law since last year's committee report is the Supreme Court's decision in FW/PBS, Inc. v. City of Dallas, which addressed the validity of a comprehensive adult entertainment zoning and licensing ordinance enacted by Dallas in 1986. FW/PBS was followed with great interest because it marked the …
Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein
Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein
Law Faculty Articles and Essays
Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, was the INAUGURAL Conference of Cleveland State University's Law & Public Policy Program, an interdisciplinary program of instruction, public service and research sponsored jointly by the Cleveland-Marshall College of Law and the Maxine Goodman Levin College of Urban Affairs. The goal of the Conference was to facilitate an exchange of information and views among representatives of the public and major interests concerned with the growing numbers of persons who either lack health insurance or have inadequate coverage.
Emergence Of Community Development Corporations: Their Impact On Housing And Neighborhoods, W Dennis Keating
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.
Symposium On Rent Control, W Dennis Keating
Symposium On Rent Control, W Dennis Keating
Law Faculty Articles and Essays
Review of Richard Epstein's "Commentary on Rent Control and the Theory of Efficient Regulation," 53 Brooklyn Law Review 741, 742 (1988).
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.
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 …
Book Review, The Failure Of The Private Housing Market, W Dennis Keating
Book Review, The Failure Of The Private Housing Market, W Dennis Keating
Law Faculty Articles and Essays
Reviewing Rethinking Rental Housing, John Gilderboom and Richard Appelbaum, Temple University Press, 1988.
Suburban Cleveland's 20-Year Integration Struggle, W Dennis Keating
Suburban Cleveland's 20-Year Integration Struggle, W Dennis Keating
Law Faculty Articles and Essays
A retrospective look at open housing efforts in one of the nation's most segregated regions.
Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating
Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating
Law Faculty Articles and Essays
Reviewing The Progressive City, Pierre Clavel, Planning and Participation, 1969-1984, Rutgers University Press, 1986.
Landlord Self-Regulation: New York City's Rent Stabilization System, 1969-1985, W Dennis Keating
Landlord Self-Regulation: New York City's Rent Stabilization System, 1969-1985, W Dennis Keating
Law Faculty Articles and Essays
This article argues that New York City's self-regulation system failed. Its ultimate demise is attributable to several factors: the attempted insulation of decision making from public influence; the attempted exclusion of tenants from the decision-making structure; landlord domination of regulatory bodies and policies; widespread patterns of landlord violations of the rent destabilization code; the failure of regulatory bodies to adequately enforce available sanctions for code violations; and the emergence of countervailing tenant opposition, the subsequent politicization of critical issues and decisions and the eventual deligitimation of the system's structure.