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Articles 31 - 60 of 87
Full-Text Articles in Law
The Information Highway Must Pay Its Way Through Cities: A Discussion Of The Authority Of State And Local Governments To Be Compensated For The Use Of Public Rights-Of-Way, Clarence A. West
Michigan Telecommunications & Technology Law Review
In the ever-changing telecommunications industry there appears to be an enormous amount of confusion not only as to the appropriate amount of compensation chargeable to the users of public rights-of-way, but also as to the very authority of state and local governments to require compensation. This was not always the case. It has long been a well-settled legal principle that local governments may receive reasonable "rental" compensation from private commercial entities for their use of local public property for private economic gain, even where federal statutory law restricts local governments from denying access to rights-of-way for telecommunications services. For example, …
Meeting The Challenge Of Urban Revitalization, Henry G. Cisneros
Meeting The Challenge Of Urban Revitalization, Henry G. Cisneros
University of Michigan Journal of Law Reform
Intensified spatial, racial, and social isolation of the inner-city poor is the single most significant aspect of American urban decline in the latter half of the twentieth century. Successful urban revitalization depends on our willingness to confront it. Failure to deal with it will leave a critical mass of human misery at the cores of our cities, and a self-sustaining chain reaction of poverty that no amount of tax credits, tax incentives, or business investment can ever overcome.
The Clinton administration's urban strategy is founded on an understanding of this reality. Our approach to urban revitalization is, accordingly, twofold: on …
Building Community Among Diversity: Legal Services For Impoverished Immigrants, Robert L. Bach
Building Community Among Diversity: Legal Services For Impoverished Immigrants, Robert L. Bach
University of Michigan Journal of Law Reform
Part I of this Essay introduces the Immigrants' Legal Needs Study (ILNS), which provides most of the data for this Essay. Part II focuses on immigrants' access to legal assistance. It analyzes the problems and needs of recently arrived poor immigrants-both immigrants share with longer established poor residents as well as special needs related to immigrants' residency status. Part III addresses the present day demography of our urban communities, including the levels of new immigration. Parts IV and V detail the legal difficulties faced by poor immigrants, the ways they deal with these problems, and community responses to these needs. …
United States Urban Policy: What Is Left? What Is Right?, Jack Sommer
United States Urban Policy: What Is Left? What Is Right?, Jack Sommer
University of Michigan Journal of Law Reform
This Article has three Parts: Part I provides a perspective on what remains of United States urban policy after the Reagan and Bush years. Part II sets forth a critique of the current institutional framework for the construction of national urban policy. Finally, Part III addresses current challenges for American metropolitan areas. In the spirit of Tocqueville, but with two caveats, I urge that greater reliance be placed on actions of private firms and voluntary associations than on federal programs to restore the central cities of many of the nation's metropolitan areas. Government action to protect citizens and to remove …
Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks
Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks
University of Michigan Journal of Law Reform
In this Article, I generally concur that certain legal reforms do hold considerable potential for ameliorating some of the desperate circumstances we find in our cities today. My view is rooted in the recognition that past reforms which dismantled legal barriers to equal opportunity were of monumental significance in broadening social and economic access to our urban arrangements. But it also is rooted in the conviction that a new wave of legal reform might well be required in order to reconsider other past reforms that, however unintentionally, have made many matters worse. Above all, any proposed legal reform should be …
Community Development Banking Strategy For Revitalizing Our Communities, Rochelle E. Lento
Community Development Banking Strategy For Revitalizing Our Communities, Rochelle E. Lento
University of Michigan Journal of Law Reform
CDCUs and CDLFs may outnumber CDBs, but their scope of lending activity pales in comparison. Despite CDBs' relatively small number, their impact on their respective communities warrants an in-depth discussion of their structures and formulas for success. This Article will provide an overview of the CDBs in the United States. Part I first sets forth the legal structure and purpose of CDBs, and then reviews the history and current status of mature CDBs and emerging CDBs. Part II considers community development credit unions, after which Part III gives community development loan funds similar treatment. Finally, Part IV analyzes the potential …
Redevelopment Redefined: Revitalizing The Central City With Resident Control, Benjamin B. Quinones
Redevelopment Redefined: Revitalizing The Central City With Resident Control, Benjamin B. Quinones
University of Michigan Journal of Law Reform
Misguided redevelopment has been both a symptom of, and a means for achieving, inappropriate urban development goals. Requiring resident control will improve the redevelopment process itself, and simultaneously redirect the development goals towards which it channels its energy. One hopes that by shifting control of the redevelopment process, we also would shift the goals that redevelopment would pursue and the development forms it would take. Presumably, this would result in urban development designed to benefit residents of the urban core.
Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff
Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff
University of Michigan Journal of Law Reform
This Introduction draws from and expands upon the diverse Articles that follow. Part I documents the need for urban revitalization. Part II highlights the current academic and policy debate about the role of government in urban affairs. Part III examines community development finance and targeted pension investment as an affirmative and crucial strategy for strengthening America's cities.
Accelerating Integration : Effective Remedies In Public Housing Discrimination Suits, Adam M. Shayne
Accelerating Integration : Effective Remedies In Public Housing Discrimination Suits, Adam M. Shayne
University of Michigan Journal of Law Reform
This Note examines the different remedies employed by judges to integrate public housing and recommends a standard approach for courts to employ in the future. Part I describes the status of local and federal public housing policy in the United States. Part II examines litigation aimed at achieving the integration of public housing. This Part details short-term remedies employed by judges in several cities and long-term integration efforts by the courts in two cities: Chicago, Illinois, and Yonkers, New York. The Chicago and Yonkers suits exemplify the major obstacles that plaintiffs and judges face in developing appropriate measures to integrate …
The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian
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 …
Plebiscites, Participation, And Collective Action In Local Government Law, Clayton P. Gillette
Plebiscites, Participation, And Collective Action In Local Government Law, Clayton P. Gillette
Michigan Law Review
Participation is again in the air. Apparently fueled by current debates concerning decentralized power and republican versus pluralist traditions in our political and legal theory, those concerned with political decisionmaking have turned their attention to calls for increased public involvement in the process. As has been true in the past, the objectives of those who advocate increased participation are by no means uniform. Some stress the positive effects that broad participation would have on individual participants. The primary function of participation in these accounts lies in its educative value, its capacity to produce a more informed, hence more self-sufficient, citizenry. …
Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser
Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser
Michigan Law Review
A Review of Beyond Busing: Inside the Challenge to Urban Segregation by Paul R. Dimond
Innovations In Policing: A Review Of The New Blue Line, Norval Morris
Innovations In Policing: A Review Of The New Blue Line, Norval Morris
Michigan Law Review
A Review of The New Blue Line: Police Innovation in Six American Cities by Jerome H. Skolnick and David H. Bayley
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Michigan Journal of International Law
This note examines the operation of the enterprise zone program in the United Kingdom and considers the program's implications for the United States (U.S.), which also suffers from urban industrial decay and which has now begun studying proposals for an enterprise zone program of its own. The note concludes that, based on the limited data available thus far, the enterprise zone program alone is inadequate to lure industry back to depressed areas. The success of the enterprise zones depends in large measure upon parallel government programs, suggesting that the zones cannot be viewed as potential replacements of existing government aid …
City Zoning: The Once And Future Frontier, Michigan Law Review
City Zoning: The Once And Future Frontier, Michigan Law Review
Michigan Law Review
A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock
Stansbury V. Maupin: Kentucky's Refusal To Recognize Legislative Home Rule For First Class Cities, Judith Adams Villines
Stansbury V. Maupin: Kentucky's Refusal To Recognize Legislative Home Rule For First Class Cities, Judith Adams Villines
Kentucky Law Journal
No abstract provided.
The Validity Of Ordinances Limiting Condominium Conversion, Michigan Law Review
The Validity Of Ordinances Limiting Condominium Conversion, Michigan Law Review
Michigan Law Review
In 1974, the New York Times ran a front-page story about the dilemma of an elderly woman who lived in a Washington, D.C., apartment building that was being converted into a condominium. On a limited budget, she faced the choice of either finding a new place to live in the tight Washington housing market or paying $2000 down and $422.50 in monthly installments for the same one-bedroom apartment she had been renting for $ 155.00 per month. The woman's situation is not unusual: a federal study estimates that owners have recently converted 60,000 rental apartment units to condominiums, and real …
Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein
Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein
Michigan Law Review
A Review of Counsel for the Poor: Criminal Defense in Urban America by Robert Hermann, Eric Single, and John Boston
Constitutional Law - Fifth Amendment - Declaration Of Property As A Historic Landmark Under State Law Is Not A Taking Which Requires Just Compensation Where The Landowner Is Guaranteed A Reasonable Return On His Investment, John J. Ford
Villanova Law Review
No abstract provided.
Urban Politics And The Criminal Courts, Milton Heumann
Urban Politics And The Criminal Courts, Milton Heumann
Michigan Law Review
A Review of Urban Politics and the Criminal Courts by Martin A. Levin
Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Michigan Law Review
In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …
The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review
The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review
Michigan Law Review
This Note presents and evaluates the possible judicial responses to cases, like Mount Laurel, that involve challenges to entire zoning ordinances on exclusionary grounds. It argues that pragmatic and legal difficulties militate against any judicial imposition of affirmative relief not tailored to specific tracts of land and suggests that the most effective resolution of the problems confronted by low-income housing advocates lies in comprehensive legislative programs.
Small Claims Courts: An Overview And Recommendation, Alexander Domanskis
Small Claims Courts: An Overview And Recommendation, Alexander Domanskis
University of Michigan Journal of Law Reform
Small claims courts have been in operation in the United States for over sixty years. They were established to function as inexpensive, efficient, and convenient forums for resolving claims which could not be brought economically in ordinary civil courts because of the costs and delays accompanying ordinary civil court proceedings. Small claims courts also reduce administrative delays by resolving a large volume of claims. For example, the District of Columbia small claims court processed 30,000 claims in 1973. Despite the amount of litigation handled by small claims courts, commentators have expressed much dissatisfaction with their operation and practice. Some commentators …
Book Review: The Roots Of Urban Discontent: Public Policy, Municipal Institutions, And The Ghetto, John Muller
Book Review: The Roots Of Urban Discontent: Public Policy, Municipal Institutions, And The Ghetto, John Muller
Fordham Urban Law Journal
The Roots of Urban Discontent extends significantly the analysis of opinion and attitude surveys undertaken pursuant to the National Advisory Commission's mandate. It is a major addition to the literature comparing urban institutions in American cities; it is also a significant contribution to the study of interactions between urban political and civic leaders and the black population and between blacks and "street-level" agents of selected public service-providing and commercial institutions in American cities in the later 1960s.
Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham
Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham
Michigan Law Review
The traditional view in zoning law has been that the enactment of an original zoning ordinance and any amendments thereto by a local governing body is a "legislative" act, as contrasted with the granting of a "special exception" or a "variance" by the zoning board of appeals (or board of adjustment), which is an "administrative" or "quasi-judicial" act. Recently, however, the Oregon and Washington supreme courts have challenged this view, concluding that, under some circumstances at least, the enactment of a zoning amendment should be considered an "administrative" or "quasi-judicial" act, and thus subject to more extensive judicial review. Although …
Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe
Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe
University of Michigan Journal of Law Reform
In recent years, the number of conversions of rental apartments to cooperative and condominium ownership has increased dramatically. Such conversions often result in extreme hardships for tenants in the buildings affected. Those who are unable or unwilling to pay the purchase price of an apartment are generally forced to seek other rental accommodations at a time when these are increasingly difficult to find -a problem which becomes especially severe for elderly tenants and those with low incomes. In addition, tenants who purchase apartments may suffer the abuses which often accompany sales of condominium and cooperative units. A further problem in …
State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning
State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning
University of Michigan Journal of Law Reform
In Part One of this article, the author outlined the scope and character of Michigan's environmental problems and suggested some of the factors underlying the state's weak and bureaucratic decisionmaking process. Part Two concludes the author's analysis of the fundamental obstacles to effective environmental decisionmaking in Michigan, and Part Three will contain recommendations for reform.
The Evolution Of Law In The Barrios Of Caracas, Robert C. Means
The Evolution Of Law In The Barrios Of Caracas, Robert C. Means
Michigan Law Review
A Review of The Evolution of Law in the Barrios of Caracas by Kenneth L. Karst, Murray L. Schwartz, and Audrey J. Schwartz
Guidelines For Alleviating Local-Emergency Work Disruptions, Joshua Greene
Guidelines For Alleviating Local-Emergency Work Disruptions, Joshua Greene
University of Michigan Journal of Law Reform
The first section of this article summarizes the vast differences between the rights of public and private employees to strike. The second section focuses on likely obstacles to a governmental suit to enjoin shutdowns in the broadest segment of American private industry-the segment in which labor relations are governed by the National Labor Relations Act (NLRA). The final section of the article suggests a legislative solution to the problem, fashioned after existing statutory remedies for limiting certain strikes by public employees.
An Analysis Of Authorities: Traditional And Multicounty, Michigan Law Review
An Analysis Of Authorities: Traditional And Multicounty, Michigan Law Review
Michigan Law Review
This Comment will briefly define and describe authorities in general, as well as the new multicounty authorities. Their legal status and practical advantages and disadvantages will be explored. Finally, an attempt will be made to isolate the uses to which multicounty authorities can most profitably be put in light of the conflicting goals of maximum governmental efficiency and public accountability.