Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Rural Rhetoric, Lisa Pruitt
Rural Rhetoric, Lisa Pruitt
Lisa R Pruitt
This Article investigates law’s constitutive rhetoric about rural people, places, and livelihoods. Specifically, it considers five categories of judicial opinions that discuss the legal relevance of rurality: judicial self-identification as rural; definitions of rural; line-drawing between rural and urban; taking judicial notice of rural characteristics; and idealized portrayals of the rural. Viewed together, these clusters of opinions reveal a comprehensive – if not entirely coherent – judicial portrait of rurality. They also provide an overview of the many instances when a rural setting is relevant to a legal outcome. Implicated are issues of tort, property, criminal, and constitutional law, among …
“What’S Yours Can Be Mine: Are There Any Private Takings After City Of New London V. Kelo?” , David A. Schultz
“What’S Yours Can Be Mine: Are There Any Private Takings After City Of New London V. Kelo?” , David A. Schultz
David A Schultz
This article examines the use of eminent domain in light of the Kelo v. City of New London Supreme Court decision. After a review of state takings litigation the conclusion is that the courts can and still do find that private takings can occur but that the judiciary is able to protect against them.
Beyond Worship: The Religious Land Use And Institutionalized Persons Act Of 2000 And Religious Institutions' Auxiliary Uses, Sara Bronin
Sara C. Bronin
Religious institutions have long offered their congregants services that go beyond worship. Particularly in the last two decades, they have begun expanding far beyond their traditional offerings to a wider and more diverse array of auxiliary uses - non-worship uses that are affiliated with a religious institution. (One type of large religious institution, the megachurch, is fast gaining members by offering schools, community centers, dining facilities, even movie theaters and gymnasiums.) Government has long granted special protections to the worship uses of religious institutions. A recent federal law - the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) …
An Empirical Look At Churches In The Zoning Process, Stephen Clowney
An Empirical Look At Churches In The Zoning Process, Stephen Clowney
Stephen Clowney