Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
A Solution In Search Of A Problem: Kelo Reform Over Ten Years, Wendell Pritchett
A Solution In Search Of A Problem: Kelo Reform Over Ten Years, Wendell Pritchett
All Faculty Scholarship
Kelo is NOT Dred Scott. Kelo is not only NOT Dred Scott, it was, as this Essay will argue, the right decision given the facts of the cases and the current state of legal jurisprudence. As an academic who has detailed the historic exploitation of eminent domain to uproot persons of color in this country, I find it interesting, and somewhat troubling, that the case has received so much criticism, much more criticism, I would argue, than other Supreme Court decisions that deserve condemnation. Certainly, eminent domain, like any other government power, must be regulated carefully. But upending …
Rebuilding The Public-Private City: Regulatory Taking's Anti-Subordination Insights For Eminent Domain And Redevelopment, Audrey Mcfarlane
Rebuilding The Public-Private City: Regulatory Taking's Anti-Subordination Insights For Eminent Domain And Redevelopment, Audrey Mcfarlane
All Faculty Scholarship
The eminent domain debate, steeped in the language of property rights, currently lacks language and conceptual space to address what is really at issue in today's cities: complex, fundamental disagreements between market and community about Development. The core doctrinal issue presented by development is how can we acknowledge the subordination of citizens who happen to live in areas that are attractive to wealthier citizens. In particular, how should we address the political process failure reflected in the privatized methods of decisionmaking that typify redevelopment? The conceptual language and analytical construct for appropriately addressing these issues come from critical race theory …
Putting The "Public" Back Into Public-Private Partnerships For Economic Development, Audrey Mcfarlane
Putting The "Public" Back Into Public-Private Partnerships For Economic Development, Audrey Mcfarlane
All Faculty Scholarship
Public-Private Partnerships are viewed quite positively. In the context of working with local government for economic development, the interests and concerns of the private appear to dominate the development decision-making. This Essay explores eminent domain decisions and community benefits agreements for standards for measuring the efficacy of these partnerships. It suggests ways in which we can begin to think about public accountability and public benefits to be derived from these partnerships.
Local Economic Development Incentives In An Era Of Globalization: The Exploitation Of Decentralization And Mobility, Audrey Mcfarlane
Local Economic Development Incentives In An Era Of Globalization: The Exploitation Of Decentralization And Mobility, Audrey Mcfarlane
All Faculty Scholarship
This essay discusses the dilemma corporate mobility through globalization presents for cities that are fixed geographically. Corporations seek and cities offer business incentives that with questionable benefits to local residents. The essay recommends that the local government dilemma and susceptibility to exploitation be acknowledged. While the essay recommends that cities seek to limit their efforts to be providers of local infrastructure (eg., roads, utilities, an educated workforce) it also recommends that the cities are incapable of addressing the corporate mobility issue on their own and are prone to continued exploitation.
Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane
Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane
All Faculty Scholarship
This Article examines the extent to which the Empowerment Zones Program is properly viewed as a neutral, rational, and beneficial program for poor, inner-city communities and their residents by exploring the limits and potential of its chief mechanism, economic development, as a tool to achieve social justice for the inner cities. This Article grounds its exploration within the contested terrain of the city, not simply as a legal or juridical concept, but in terms of its reality as a lived place on the eve of the 21st century.