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Articles 1 - 10 of 10
Full-Text Articles in Law
When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody
When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody
Northern Illinois University Law Review
This article examines the conflict between municipal restrictions on adult uses and the fundamental right to freedom of speech. Mr. Brody reviews the Supreme Court tests for resolving the conflict and concludes that most zoning regulations affecting adult uses will be examined under the O'Brien/Heffron tests: (1) the ordinance must provide a sufficient factual basis to support a finding of substantial or important governmental interest; (2) the ordinance's definitions of adult uses and restrictions must be narrowly tailored to affect only those businesses which the ordinance intends to regulate; and (3) the ordinance must provide reasonable alternative channels of communication …
The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
Northern Illinois University Law Review
Professor Bosselman takes an historical look at the early development of zoning in Chicago and concludes that the nineteenth century view of land as simply another form of capital that could be rendered standardized and fungible through commodification led to the adoption of the LaSalle factors. The author notes the influence of the human ecology theory of urban growth on the development of the LaSalle Bank standards and calls both for a reexamination of the theoretical foundations for the standards and for recognition that a theory based upon nineteenth century life may not accommodate the ecological realities of modern life.
An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr.
An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr.
Northern Illinois University Law Review
This article is an edited version of Professor Ziegler's presentation which provides an outsider's perspective on the current issues facing Illinois land use law. From this perspective, Professor Ziegler examines the adequacy of Illinois regulatory authority, addresses the role of judicial review in the context of zoning decisions, and analyzes the need for planning. Professor Ziegler concludes that better utilization of regulatory authority and an emphasis on planning would provide a better framework for local communities to have zoning classifications sustained on review.
The Role Of The Virginia Marine Resources Commission In Regulating And Zoning The Water Bodies Of The Commonwealth, Keith Warren Davis
The Role Of The Virginia Marine Resources Commission In Regulating And Zoning The Water Bodies Of The Commonwealth, Keith Warren Davis
William & Mary Environmental Law and Policy Review
No abstract provided.
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
New York City Zoning -- 1961-1991: Turning Back The Clock -- But With An Up-To-The-Minute Social Agenda, Norman Marcus, Esq.
Fordham Urban Law Journal
Since the last update over 30 years ago, there is a need to once again change our zoning laws. Over the years, societal concerns and priorities have fluctuated with the times and, as a result, exceptions have been made to the zoning regulations which reflect these changing social interests. The result is a Zoning Resolution which stands at 806 pages (and still counting). It is an ad-hoc, convoluted, chaotic non-plan for the City, held together by binders rather than a common vision. This essay examines the zoning history of New York City and concludes that a new Comprehensive Reassessment, which …
Preventing Bhopal: "Dead Zones" And Toxic Death Risk Index Taxes, Bradford Mank
Preventing Bhopal: "Dead Zones" And Toxic Death Risk Index Taxes, Bradford Mank
Faculty Articles and Other Publications
On December 5, 1984, a pesticide manufacturing plant leaked highly toxic methyl isocyanate (MIC) and the resulting cloud of gas killed over 2,000 people and injured more than 200,000 others living in the shantytowns of Bhopal, India. While no toxic accident in the United States has approached the magnitude of Bhopal, a 1988 United States Environmental Protection Agency (EPA) study found that 11,048 accidental releases of extremely hazardous substances occurred between 1982 and 1986. These accidents caused 309 deaths, 11,341 injuries and the evacuation of 464,677 people from homes and jobs. The EPA estimated that seventeen of these accidents could …
Characterization Of Land Use Decisions: A Zone Of Uncertainty, Marguerite N. Przybylski
Characterization Of Land Use Decisions: A Zone Of Uncertainty, Marguerite N. Przybylski
Villanova Law Review
No abstract provided.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
Local Government Conflict Of Interest In Zoning Actions: Provide For Disqualification Of A Zoning Official When There Is A Conflict Of Interest And Expand Rezoning Applicants' Political Contribution Disclosure Requirements, Bentley Greg Cline
Georgia State University Law Review
The Act provides for disqualification of a zoning official from voting on a rezoning application where there is a conflict of interest. The Act expands a rezoning applicant's reporting requirements of political contributions to zoning officials. A rezoning applicant's agents (including attorneys) must disclose their contributions. The Act provides for disclosure of political contributions by opponents of rezoning applications.
The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, Serena Williams
The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, Serena Williams
Serena M Williams
No abstract provided.