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Articles 1 - 4 of 4
Full-Text Articles in Law
Nude Entertainment Zoning, Stephen Durden
Nude Entertainment Zoning, Stephen Durden
Stephen Durden
Local government regulation, as opposed to prohibition, of nude entertainment began in earnest in the 1970's. These regulations generally fell into four categories: (1) zoning; (2) prohibiting nude entertainment in conjunction with the service of alcohol; (3) licensing; and (4) regulating conduct, e.g., hours of operation, distance from customers, prohibition of private booths. The proliferation of these many and varied approaches began soon after the Supreme Court in California v. LaRue held that nude dancing is, or at least might be, protected by the First Amendment. Prior to LaRue, states regularly prohibited nude entertainment via general prohibitions on lewd and …
Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller
Paul Diller
No abstract provided.
A Hobson's Choice: Ensuring Open Government Or Conserving Government Funds, Michele L. Mekel
A Hobson's Choice: Ensuring Open Government Or Conserving Government Funds, Michele L. Mekel
Michele L Mekel
Part and Parcel of American democracy is the notion that governmental functions should be carried out in a manner that is open to public scrutiny and accessible to the people. Capturing this belief, sunshine laws and freedom of information statutes requiring public access to government meetings and records began to emerge as early as 1898. Following the 1966 passage of the Federal Freedom of Information Act, states that lacked such provisions adopted open records and open meetings laws. Currently all 50 states and the District of Columbia have statutory provisions that allow public access to official records and meetings. Nevertheless, …
Public Trust & Distrust: Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan
Erin Ryan
This essay reviews the theoretical underpinnings of the public trust doctrine, received at common law and constitutionalized in many states, and explores its contentious reception by green legal theorists. Since Professor Joseph Sax's revival of the ancient common law doctrine as a vehicle for environmental advocacy in the early 1970s, it has been hailed by many environmentalists as the most powerful tool available for protecting natural resource commons. At the same time, however, it has been attacked by others who argue that use of the property rights-based doctrine reifies an ownership approach to natural resources and obstructs the development of …