Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (4)
- Land Use Law (3)
- Law and Society (3)
- Civil Law (2)
- Civil Rights and Discrimination (2)
-
- Contracts (2)
- Family Law (2)
- Health Law and Policy (2)
- Housing Law (2)
- Human Rights Law (2)
- Internet Law (2)
- Juvenile Law (2)
- Law and Gender (2)
- Legal Remedies (2)
- Sexuality and the Law (2)
- Social and Behavioral Sciences (2)
- Architecture (1)
- Courts (1)
- Jurisdiction (1)
- Legislation (1)
- Property Law and Real Estate (1)
- Public Affairs, Public Policy and Public Administration (1)
- Science and Technology Law (1)
- Urban Studies (1)
- Urban Studies and Planning (1)
- Urban, Community and Regional Planning (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Many commentators treat municipal comprehensive planning as necessary (or at least sufficient) for smart growth. This essay argues that comprehensive plans, although desirable, are neither necessary nor sufficient for "smarter" (that is, more nondriver-friendly) development.
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
Hydropower: It's A Small World After All, Gina Warren
Hydropower: It's A Small World After All, Gina Warren
Gina Warren
Global warming is here. As exhibited by the recent droughts, heat waves, severe storms and floods, climate change is no longer a question for the future, but a problem for the present. Of the many ways to help combat climate change, this article discusses the use of the most abundant renewable energy source on the plant – water. While large-scale hydropower (think Hoover Dam) is unlikely to see increased development due to its negative impact on the environment, fish, and wildlife, small-scale hydropower (think a highly technologically-advanced water mill) is environmentally-friendly and would produce clean, renewable energy to benefit local …
Agencies In Crisis?: An Examination Of State And Federal Agency Emergency Powers, Babette Boliek
Agencies In Crisis?: An Examination Of State And Federal Agency Emergency Powers, Babette Boliek
Babette Boliek
That state and federal agencies have emergency powers, is well known. Much less is known about the process and circumstances under which these powers are exercised—subjects that divide scholars into two theoretical camps. Scholars on one side assert that ample agency discretion in time of need is not only desirable, but it is laudable in the pursuit of efficiency and “deossification” of regulatory action. Scholars on the other side contend that emergency powers are so broadly granted, and representative procedure is so easily abandoned, that the inevitable result is agency unaccountability and aggrandizement. In response, this article presents new empirical …
Opening Doors: Preventing Youth Homelessness Through Housing And Education Collaboration, Courtney L. Anderson
Opening Doors: Preventing Youth Homelessness Through Housing And Education Collaboration, Courtney L. Anderson
Courtney L Anderson
This article will contribute to the general literature on homelessness by recommending that permanent supportive housing units for homeless children, youth and families provide education services in order to prevent and end homelessness among families, youth and children. I will explain how the legal framework for such housing requires a broad interpretation of the McKinney-Vento Homeless Assistance Act, and assert that federal programs provide a foundation for the creation of such housing. Identifying and educating homeless youth is particularly challenging as the majority of homeless youth live on the streets or in the homes of others, suffer from serious mental …
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Tim Iglesias
This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.
Empower The Neighborhood And Save The City: Why Courts Should Permit Neighborhood Control Of Zoning, Kenneth A. Stahl
Empower The Neighborhood And Save The City: Why Courts Should Permit Neighborhood Control Of Zoning, Kenneth A. Stahl
Kenneth Stahl
Whether cities should delegate zoning authority to neighborhood groups is one of the most hotly contested issues in municipal politics, yet it is also essentially a moot point. Since a bizarre series of Supreme Court cases in the early twentieth century, it has been largely settled that cities may not constitutionally delegate the zoning power to sub-municipal groups, at least where the power is delegated specifically to landowners in a certain proximity to a proposed land use change.
This article argues that courts have erred in prohibiting cities from devolving zoning control to proximate landowners, a scheme I designate a …
Empower The Neighborhood And Save The City; Why Courts Should Permit Neighborhood Control Of Zoning, Kenneth A. Stahl
Empower The Neighborhood And Save The City; Why Courts Should Permit Neighborhood Control Of Zoning, Kenneth A. Stahl
Kenneth Stahl
Whether cities should delegate zoning authority to neighborhood groups is one of the most hotly contested issues in municipal politics, yet it is also essentially a moot point. Since a bizarre series of Supreme Court cases in the early twentieth century, it has been largely settled that cities may not constitutionally delegate the zoning power to sub-municipal groups, at least where the power is delegated specifically to landowners in a certain proximity to a proposed land use change.
This article argues that courts have erred in prohibiting cities from devolving zoning control to proximate landowners, a scheme I designate a …
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Michael E Lewyn
PowerPoints for a speech explaining that sprawl in Canada is (1) less extensive than in the USA and (2) caused partially by government regulation.
Reflections On Fair Housing Law, Tim Iglesias
Reflections On Fair Housing Law, Tim Iglesias
Tim Iglesias
This presentation offered reflections on the state of fair housing law in light of numerous studies evaluating its effectiveness. It argues that while enforcement needs to be improved, fair housing advocates must also employ complementary strategies to reform social norms.
The Abortion Informed Consent Debate: More Light, Less Heat, Nadia N. Sawicki
The Abortion Informed Consent Debate: More Light, Less Heat, Nadia N. Sawicki
Nadia N. Sawicki
State abortion informed consent laws – including those requiring physicians to disclose that abortion terminates the life of a “whole, separate, unique, living human being” or display ultrasound images to patients seeking abortions – are being adopted at a rapid pace. Health law scholars who oppose these laws uniformly criticize them as being fundamentally inconsistent with the doctrine of informed consent. This Article directly challenges this conventional approach. It argues that the doctrine of informed consent does not impose nearly as significant a barrier to abortion disclosure laws as many critics claim. Rather, the ethical and legal principles of informed …
Unclear And Unconvincing: The Truthiness Requirement Of California's Ballot Pamphlet Arguments, Michael Boardman
Unclear And Unconvincing: The Truthiness Requirement Of California's Ballot Pamphlet Arguments, Michael Boardman
Michael Boardman
“Truthiness,” as defined by TV satirist Steven Colbert, has found its way into the English lexicon. Unfortunately for California, its principles have also been incorporated into the state’s official ballot pamphlet. Misleading, and often demonstrably false, arguments written by special interests distort the political process yet the state continues to publish and distribute them to voters with little judicial recourse. Admirably, California permits private causes of action challenging the accuracy of these arguments, but the statutory scheme it has created to govern the challenges largely fails to promote its main goal: providing a central and convenient place for voters to …
The Roberts’S Supreme Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commission, Allen E. Shoenberger
The Roberts’S Supreme Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commission, Allen E. Shoenberger
Allen E Shoenberger
The methodology of the Supreme Court in its recent decision permitting unlimited corporate financing of election advertisements is more troubling that the specific holding. All signs of constitutional restraint are abandoned as the court employs a sledgehammer to smash Congresses attempt to eliminate the actuality and fear of corruption from electoral politics.
Zoning For Child Protection: Declaring Communities Unfit For Child Rearing, James G. Dwyer
Zoning For Child Protection: Declaring Communities Unfit For Child Rearing, James G. Dwyer
James G Dwyer
Current zoning law fails to reflect the reality that some geographical areas, however suitable they might be for residence by adults, are not suitable for children, because of the social and physical environment that adult residents have created. The law governing children's welfare and family relationships likewise reflects no consideration of the impact that the quality of parents’ or potential parents’ community can have on children. Yet the world outside children's homes can dramatically affect their well being, even presenting threats to their very survival. This Article is the first to recommend that governments declare some communities unfit for residence …
When Immigration Borders Move, Huyen T. Pham
When Immigration Borders Move, Huyen T. Pham
Huyen T. Pham
With our recent immigration enforcement efforts, we have created a new paradigm of moving borders: laws enacted at all levels of government that require proof of legal immigration status in order to obtain essential benefits like a driver’s license, a job, and rental housing. Without proof of legal status, the applicant is denied an important benefit; after cumulative denials, the applicant can be effectively denied the ability to live in the United States. What are the implications of moving border laws? Now, more than ever, proof of legal immigration status has become centrally important, not just to gain admission at …