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Articles 1 - 15 of 15

Full-Text Articles in Law

The Limits Of Localism, Richard C. Schragger Nov 2001

The Limits Of Localism, Richard C. Schragger

Michigan Law Review

In Chicago v. Morales, the Supreme Court struck down Chicago's Gang Congregation Ordinance, which barred "criminal street gang members from loitering with one another or with other persons in any public place." The stated purpose of the ordinance was to wrest control of public areas from gang members who, simply by their presence, intimidated the public and established control over identifiable areas of the city, namely certain inner-city streets, sidewalks, and corners. The ordinance required that police officers determine whether at least one of two or more persons present in a public place were members of a criminal street gang …


Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman Oct 2001

Property Law: 2001 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies May 2001

Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies

Michigan Law Review

What is suburban "sprawl"? Why is it undesirable? Why do many Americans nevertheless choose to live in sprawl? Do local zoning laws contribute to sprawl? Can democratic institutions discourage it? Legal scholars are beginning to study these urgent and complex questions. This Essay reviews Suburban Nation: The Rise of Sprawl and the Decline of the American Dream, by Andres Duany, Elizabeth Plater-Zyberk, and Jeff Speck, leading architects of the influential New Urbanism or traditional town planning movement. This review makes five points about the legal study of sprawl. First, Suburban Nation provides a definition of "sprawl" that the law can …


Preemption Of Local Governments' Authority To Limit Wireless Phone Service Is A Tough Cell Under The Telecommunications Act, Jennifer A. Floyd Jan 2001

Preemption Of Local Governments' Authority To Limit Wireless Phone Service Is A Tough Cell Under The Telecommunications Act, Jennifer A. Floyd

Missouri Law Review

This Note focuses on the substantive limitation of Section 332(c)(7)(B) of the Telecommunications Act which prevents local government from unreasonably discriminating among providers and from prohibiting the provision of service in decisions regarding the placement, construction, and modification of personal wireless facilities. Courts have addressed claims of unreasonable discrimination and prohibition of provision of service with a variety of results. Competing interpretations of the TCA have blurred the function and power of state and local governments in deciding whether to approve personal wireless service applications for construction or modification of towers. Spring Spectrum, L.P. v. Willoth provides a consumer-centered interpretation …


Buffalo Beat Op-Eds, Michael Lewyn Jan 2001

Buffalo Beat Op-Eds, Michael Lewyn

Michael E Lewyn

Assorted op-eds from Buffalo Beat, a Buffalo weekly (1998-2001)


Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin Jan 2001

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

Scholarly Works

No abstract provided.


Case Commentary - Martin V. Corporation Of The Presiding Bishop: Should Zoning Accommodate Religious Uses Or Vice Versa?, Alan C. Weinstein Jan 2001

Case Commentary - Martin V. Corporation Of The Presiding Bishop: Should Zoning Accommodate Religious Uses Or Vice Versa?, Alan C. Weinstein

Law Faculty Articles and Essays

In Martin v. Corporation of the Presiding Bishop, 747 N.E. 2d 131 (Mass. 2001), the highest court in Massachusetts rules that the Dover Amendment, a state statutes that denies local government the authority to "prohibit, regulate, or restrict the use of land or structures for religious purposes..." authorized the town of Belmont to grant a church special permission to build a steeple for a newly built Church of Jesus Christ of Latter Day Saints temple that was taller than the local zoning provisions would normally allow. Since Martin involved a Massachusetts statute, normally the decision would evoke limited interest, and …


Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin Jan 2001

Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin

Scholarly Works

No abstract provided.


Symposium On The Seventy-Fifth Anniversary Of Village Of Euclid V. Ambler Realty Co.Introduction, Emery G. Lee Iii Jan 2001

Symposium On The Seventy-Fifth Anniversary Of Village Of Euclid V. Ambler Realty Co.Introduction, Emery G. Lee Iii

Case Western Reserve Law Review

No abstract provided.


Village Of Euclid V. Ambler Realty Co., Seventy-Five Years Later: This Is Not Your Father's Zoning Ordinance, Melvyn R. Durchslag Jan 2001

Village Of Euclid V. Ambler Realty Co., Seventy-Five Years Later: This Is Not Your Father's Zoning Ordinance, Melvyn R. Durchslag

Case Western Reserve Law Review

No abstract provided.


"Trading Places": The Role Of Zoning In Promoting And Discouraging Intrametropolitan Trade, William T. Bogart Jan 2001

"Trading Places": The Role Of Zoning In Promoting And Discouraging Intrametropolitan Trade, William T. Bogart

Case Western Reserve Law Review

No abstract provided.


Euclid'S Historical Imagery, Richard H. Chused Jan 2001

Euclid'S Historical Imagery, Richard H. Chused

Case Western Reserve Law Review

No abstract provided.


The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold Jan 2001

The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold

Articles & Chapters

No abstract provided.


On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett Jan 2001

On Castles And Commerce: Zoning Law And The Home Business Dilemma, Nicole Stelle Garnett

Journal Articles

Most zoning laws severely restrict residents' ability to work from home. Some prohibit it outright. These regulations serve the ostensible purpose of protecting neighbors from externalities that might be generated by home businesses. But, home occupation restrictions also reflect in a particularly sharp way the central motivating ideology underlying all zoning laws - namely, that the good life requires the careful segregation of work and home. Today, home business regulations are being challenged by both planning theory and economic reality. At the same time that many in the academy and planning professions are calling into question zoning's pervasive segregation of …


Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel Jan 2001

Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel

Fordham Urban Law Journal

This Note explores the decline of People ex rel. Arcara in New York State jurisprudence over the last decade. It first describes traditional and contemporary methods of testing free expression infringements, including a discussion of federal minimum standards, and protection expansions implemented by the New York Court of Appeals. Next, it describes the effect of federal "secondary effects" jurisprudence upon the People ex rel. Arcara standard, and how that encounter skewed lower court application of that standard for all cases involving "content-neutral" infringement of protected speech. Finally, it examines the illogical consequences of the court of appeals' method of deciding …