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Full-Text Articles in Law
Land Use Law Reform: A Judicial And Practical Imperative, John R. Nolon
Land Use Law Reform: A Judicial And Practical Imperative, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The practical lesson learned from a review of New York case law on land use planning is straightforward: judges will seldom overturn land use regulations when it is obvious, in the structure of the regulatory program, that considerable and comprehensive planning is involved. When judges sustain land use regulations, they routinely find in the regulatory scheme a valid local planning objective that saves the regulation from falling under the property owner's attack. The bases for this judicial reasoning lie in the statutory requirement that zoning provisions must be adopted "in accordance with" a "comprehensive plan" and the constitutional requirement that …
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
Regional Planning In New York State: A State Rich In National Models, Yet Weak In Overall Statewide Planning Coordination, Patricia E. Salkin
Regional Planning In New York State: A State Rich In National Models, Yet Weak In Overall Statewide Planning Coordination, Patricia E. Salkin
Scholarly Works
No abstract provided.
The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano
The Fair Housing Act, Zoning, And Affordable Housing, Patricia E. Salkin, John M. Armentano
Scholarly Works
No abstract provided.