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Full-Text Articles in Law

How Overregulation Creates Sprawl (Even In A City Without Zoning), Michael Lewyn Jan 2004

How Overregulation Creates Sprawl (Even In A City Without Zoning), Michael Lewyn

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Numerous commentators have suggested that the spread-out, automobile-dependent urban form (often referred to as "sprawl") that dominates metropolitan America is at least partially caused by government regulation of land use. Other commentators argue that the fate of Houston, Texas may seem to rebut that theory. Houston is America's only large city without a formal zoning code. Yet Houston is as automobile-dependent and sprawling as many cities with zoning. It could therefore be argued that automobile-dependent sprawl is the inevitable result of the free market, based on the following chain of logic: Assumption 1: Because Houston lacks zoning, Houston has an …


Suburban Sprawl, Jewish Law, And Jewish Values, Michael Lewyn Jan 2004

Suburban Sprawl, Jewish Law, And Jewish Values, Michael Lewyn

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In the second half of the twentieth century, America's cities and suburbs were engulfed by suburban sprawl - the movement of people (especially middle-class families) and jobs from older urban cores to newer, less densely populated, more automobile-dependent communities generally referred to as suburbs. Cities throughout America lost population to their outlying suburbs, and cities that gained population usually did so only because they were able to annex those suburbs. America's suburban revolution has not left Jewish communities unscathed. For example, the city of Newark, New Jersey, contained 58,000 Jews and thirty-four synagogues in the 1940s, but today has only …


Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr. Jan 2004

Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr.

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Georgia local government law not only encompasses a forbidding substantive expanse; it occupies a dominating presence before the Georgia appellate courts. Those courts are called to resolve all manner of litigation erupting from citizen exposure to government at its first level. The controversies feature issues both recurring and unique; they represent nothing less than the essence of law in daily life. An annual effort to chronicle those controversies over a good number of years reveals two (among many) distinct facets. First, local government liability has consistently dwarfed all other litigated issues; and second, this pervading characteristic emits no signs of …


Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin Jan 2004

Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin

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No abstract provided.


Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin Jan 2004

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

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No abstract provided.


Education Finance Litigation: A Review Of Recent High Court Decisions And Their Likely Impact On Future Litigation, Anne Dupre, John Dayton, Christine Kiracofe Jan 2004

Education Finance Litigation: A Review Of Recent High Court Decisions And Their Likely Impact On Future Litigation, Anne Dupre, John Dayton, Christine Kiracofe

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This article addresses the impact that school funding litigation has had in shaping public schools across the United States. It serves as an update to a 2001 article titled Serrano and It’s Progeny: An Analysis of 30 Years of School Funding Litigation, which reviewed school funding litigation since the Serrano v. Priest decision. This article updates that research by providing brief reviews of the most recent and significant school funding litigation decisions, including the most recent decisions in Claremont v. Governor, James v. Alabama Coalition for Equality, Tennessee Small School Systems v. McWhorter, Lake View v. Huckabee, DeRolph v. …


Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin Jan 2004

Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin

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No abstract provided.


Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin Jan 2004

Implementation Of The Apa Growing Smart Legislative Guidebook: Beginning To Benchmark Success, Patricia E. Salkin

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No abstract provided.