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Articles 1 - 17 of 17
Full-Text Articles in Law
Comprehensive Rezonings, Sara C. Bronin
Comprehensive Rezonings, Sara C. Bronin
Cornell Law Faculty Publications
Of all powers given to local governments, the power to zone is one of the most significant. Zoning dictates everything that gets built in a locality—and thus effectively dictates all of the key activities that take place within it. Nationwide, most zoning codes were adopted in the first half of the twentieth century. Many, including the zoning codes of New York City and Chicago, were significantly revised in the 1960s. While these codes have been revised piecemeal, just a few American cities have undergone a comprehensive revision: replacing the old code with a completely new one.
A comprehensive rezoning can …
How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn
How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn
Scholarly Works
Much has been written about the role of government regulation in facilitating automobile-oriented sprawl. Zoning codes reduce walkability by artificially segregating housing from commerce, forcing businesses and multifamily landlords to surround their buildings with parking, and artificially reducing density. The “smart growth” movement seeks to reverse these policies, both through regulation and through more libertarian, deregulatory policies. The purpose of this paper is to examine to what extent cities have in fact chosen the former path, and to discuss the possible side effects of prescriptive smart growth and green building regulations. In particular, this paper focuses on attempts to make …
Requiem For Regulation, Garrett Power
Requiem For Regulation, Garrett Power
Faculty Scholarship
This comment reviews U.S. Supreme Court decisions over the past 100 years which have considered the constitutional limitations on governmental powers. It finds that at the three-quarter mark of the 20th century, a remarkable set of Court precedents had swollen the regulatory powers of governments while shrinking private rights to property and contract. But since the Reagan years, a more conservative Court has undertaken to curtail governmental activity in general, and to limit federal, state, and local planning in particular. A number of 5-4 decisions expanded private property rights and contracted the scope of the federal “commerce power.” The comment …
From Bricks And Mortar To Mega-Bytes And Mega-Pixels: The Changing Landscape Of The Impact Of Technology And Innovation On Urban Development, Patricia E. Salkin
From Bricks And Mortar To Mega-Bytes And Mega-Pixels: The Changing Landscape Of The Impact Of Technology And Innovation On Urban Development, Patricia E. Salkin
Scholarly Works
This article reflects upon the impact that technology and innovation has had on urban development. From NASA's Landstat program, to Google maps and GPS, technology has had a significant impact on urban planning and land use law. The article begins with a discussion of the impact of the elevator and steel technologies on urban architecture and density, and then moves to changes in transportation such as the automobile and the development of public transportation systems. Green buildings, GIS, satellite data, online mapping, personal computers, the Internet and cell phones are all examined.
The Baltimore Development Corporation: A Case Study Of Economic Development Corporations, Shadow Government, And The Fight For Public Transparency And Accountability, Maximilian Tondro
The Baltimore Development Corporation: A Case Study Of Economic Development Corporations, Shadow Government, And The Fight For Public Transparency And Accountability, Maximilian Tondro
Legal History Publications
This paper explores the limited public accountability of local quasi-public development corporations in negotiating and implementing public redevelopment projects by examining the history of the Baltimore Development Corporation (BDC). For most of its two-decade existence the BDC has strenuously resisted all public inquiry and oversight, a tradition inherited from its predecessors that originated as private business-led entities performing tasks under contract with Baltimore City (City). Like other similar quasi-public local development corporations, the BDC justified its need for secrecy as necessary to ensure the BDC’s effectiveness and efficiency in negotiating with private businesses on redevelopment projects. This assertion that a …
State Of Maryland V. Louis Hyman: Did Progressivism, Concern For Public Health, And The Great Baltimore Fire Influence The Court Of Appeals?, Justin Haas
Legal History Publications
In the latter half of the nineteenth century, increased immigration from eastern Europe and a growing garment industry in Baltimore led to vast growth in so-called sweatshops: cramped workspaces in which clothing was partially or completely sewn for market. As the sweatshops grew, integrated clothing factories were also emerging, finally becoming a real force in the Baltimore garment industry around the turn of the twentieth century. As the integrated factories grew, the workers joined in the growing organized labor movement, and then began to push for greater protections for the health and safety of workers, as well as fair wages. …
Caretti V Broring Building Company: The Sewering And Planning Of A City, Sheba Newman-Blount
Caretti V Broring Building Company: The Sewering And Planning Of A City, Sheba Newman-Blount
Legal History Publications
Caretti v Broring Building Company was a case decided by the Court of Appeals of Maryland in 1926. Louis and Lucia Caretti sued the Broring Building Company in 1925 to enjoin them from polluting a stream that flowed through the Carettis’ property with sewage from their sewer system. The Carettis sued for an injunction to stop the operation of the sewer and further pollution of the stream. The Court of Appeals reversed the trial court ruling and decided in the Carettis’s favor, granting them an injunction against Broring.
The Carettis’ case occurred at a time when Baltimore was undergoing several …
Green V. Garrett: How The Economic Boom Of Professional Sports Helped To Create, And Destroy, Baltimore’S Memorial Stadium, Jordan Vardon
Green V. Garrett: How The Economic Boom Of Professional Sports Helped To Create, And Destroy, Baltimore’S Memorial Stadium, Jordan Vardon
Legal History Publications
Buildings, like people, have lives all their own. They have beginnings, middles, ends, and even good and bad years. This project is a study of a building known by many names, including Venable Park, Mud Stadium, The Great White Elephant of 33rd St., The Old Gray Lady, and the World’s Largest Outdoor Insane Asylum, although for most of its life it was officially referred to as Memorial Stadium, located in Baltimore, Maryland.
The story of Memorial Stadium is really the story of those in the community that surround it. As the use and popularity of the Stadium grew, so too …
Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss
Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss
Publications
This Essay serves as a critique of the New Urbanism in general and of form-based code in particular as a tool of the New Urbanism. It may be true that form-based code offers more flexibility than traditional zoning schemes and thus may offer some respite from acknowledged ills such as social and racial divisions created by exclusionary zoning and other tools, and from the relative inutility of single or limited use districts. However, I will argue that these benefits are eclipsed by some of the problems of form-based code. Form-based code is frequently hailed as a back to the future …
Providence Needs An Effective 'Land Bank' Policy, Chester Smolski
Providence Needs An Effective 'Land Bank' Policy, Chester Smolski
Smolski Texts
"Recent disclosures on the purchase of vacant lots in Providence by certain city officals have raised two serious questions, only one of which has been addressed."
Land Management Bill Must Not Be Dismissed, Chester Smolski
Land Management Bill Must Not Be Dismissed, Chester Smolski
Smolski Texts
"After 10 years of study, three years of public meetings and discussion, three years of writing and revision, and now for the third consecutive year, the carefully conceived, greatly altered, and highly-detailed 136-page bill to manage the land of Rhode Island is before the General Assembly for possible enactment."
Statewide Land Use Plan For R.I., Chester Smolski
Statewide Land Use Plan For R.I., Chester Smolski
Smolski Texts
"The Rhode Island section of the American Institute of Planners has called it "the most significant single item of legistlation in the history of land planning in this state," and yet there is the real possibility that this far reaching measure may not be introduced for enactment in this session of the General Assembly."
Community Control: Rebuttal, Chester Smolski
Community Control: Rebuttal, Chester Smolski
Smolski Texts
"The problem of fire was very real to the early settlers of this country. For this reason, in 1626, it was decreed that thatched roofs on houses no longer would be allowed in the Plymouth Colony. Early New York, in 1648, stipulated that wooden chimenys no longer could be built on houses. These were early attempts at control over individuals by the community, in this case, for fire protection.
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Articles
The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …
Book Review. The Zoning Game By R. F. Babcock, A. Dan Tarlock
Book Review. The Zoning Game By R. F. Babcock, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Sanctions Against Governmental Violations Of Planning And Zoning Ordinances, Frank Edward Horack Jr.
Sanctions Against Governmental Violations Of Planning And Zoning Ordinances, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Land Controls In An Urban Society, Frank Edward Horack Jr.
Land Controls In An Urban Society, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.