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Full-Text Articles in Law
Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien
Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien
ExpressO
Religious land use disputes are characterized by high levels of conflict and the potential to seriously undermine social capital in affected communities. Contemporary land use procedures reflect an antiquated heritage and reliance upon adversarial means that are inadequate to successfully resolve these socially complex local conflicts. While there are practical obstacles, mediation holds advantages over these existing procedures in terms of dispute resolution, and has greater potential to preserve and build social capital at the local level. This article examines the theoretical justification for mediation in this context, and argues for moving beyond the status quo.
The Takings Clause, Version 2005: The Legal Process Of Constitutional Property Rights, Mark Fenster
The Takings Clause, Version 2005: The Legal Process Of Constitutional Property Rights, Mark Fenster
ExpressO
The three takings decisions that the Supreme Court issued at the end of its October 2004 Term marked a stunning reversal of the Court’s efforts the past three decades to use the Takings Clause to define a set of constitutional property rights. The regulatory takings doctrine, which once loomed as a significant threat to the modern regulatory state, now appears after Lingle v. Chevron to be a relatively tame, if complicated, check on exceptional instances of regulatory abuse. At the same time, the Public Use Clause, formerly an inconsequential limitation on the state’s eminent domain authority, now appears ripe for …
Wireless Telecommunications, Infrastructure Security, And The Nimby Problem, Steven J. Eagle
Wireless Telecommunications, Infrastructure Security, And The Nimby Problem, Steven J. Eagle
ExpressO
This article explores the clash between federal policies encouraging wireless communications services and the application of local land use regulations to the siting of telecommunications towers. It concludes that Congress’s effort to strike a balance in the Telecommunications Act of 1996 between local concerns on one hand and national commerce and homeland security on the other has proved vague in content and susceptible to procedural thickets that might make local parochialism impervious to challenge. The article suggests statutory changes, including time limitations and the creation of presumptions and safe harbor rules, that might better balance infrastructure development needs with local …
Suburban Sprawl, Jewish Law, And Jewish Values, Michael E. Lewyn
Suburban Sprawl, Jewish Law, And Jewish Values, Michael E. Lewyn
ExpressO
The article explains how automobile-dependent suburban sprawl is in conflict with Jewish law and Jewish values. This is so in three ways. First, Jewish law requires Jews to make the poor self-supporting- but suburban sprawl creates welfare dependency by making it impossible for poor people without cars to reach jobs in auto-dependent suburbs. Second, Jewish law requires Jews to walk rather than ride to services on holy days- but in most low-density suburbs, very few people can live within walking distance of a synagogue (or anything else for that matter). Third, Jewish law has traditionally discouraged development of rural land …
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
ExpressO
A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …