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Articles 61 - 82 of 82
Full-Text Articles in Land Use Law
Reformulating The New York City Landmarks Preservation Law's Financial Hardship Provision: Preserving The Big Apple, Cindy Moy
Cardozo Arts & Entertainment Law Journal
No abstract provided.
“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar
“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar
Cardozo Law Review
This Note will use the Waterfront Ordinance as a vehicle for examining the new heightened scrutiny standard introduced in Dolan. Part I provides an overview of takings jurisprudence and the traditional pre-Nollan and pre-Dolan standards, which were applied to determine whether an exercise of police power oversteps its bounds and interferes with private property rights guaranteed under the Fifth Amendment. Part II reviews the new standards espoused by the Supreme Court in Nollan and Dolan. Part III describes the purpose of New York City's 1993. Waterfront Zoning Ordinance and discusses its history, objectives, and provisions. Part …
Ideology Between Fiction And Fantasy, Slavoj Zizek
Ideology Between Fiction And Fantasy, Slavoj Zizek
Cardozo Law Review
In his movie version of Franz Kafka's The Trial, Orson Welles accomplished an exemplary anti-obscurantist operation by way of reinterpreting the place and the function of the famous parable on "the door of the Law." In the film, we hear it twice: at the very beginning, it serves as a kind of prologue, read and accompanied by (faked) ancient engravings projected from lantern-slides; then, shortly before the end, it is told to Josef K., not by the priest (as in the novel), but by K.'s lawyer (played by Welles himself) who unexpectedly joins the priest and K. in the …
Uncertainty In The Empire State: A Reevaluation Of New York’S Takings Jurisprudence After Dolan V. City Of Tigard, Clifford B. Olshaker
Uncertainty In The Empire State: A Reevaluation Of New York’S Takings Jurisprudence After Dolan V. City Of Tigard, Clifford B. Olshaker
Cardozo Law Review
A hallmark of American property law is the acknowledgment of the government's ability to regulate the use of private parcels of land through the zoning laws. One of the chief goals of zoning law is to prevent overdevelopment and the accompanying strain on municipal resources. A landowner seeking to make significant changes to his property must obtain a permit from the local governing body. Denial of a building permit or certificate of occupancy is the chief means for enforcing zoning regulations. If a potential developer wishes to alter his property in a way that conflicts with applicable zoning laws, he …
The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton
The Religious Freedom Restoration Act: Letting The Fox Into The Henhouse Under Cover Of Section 5 Of The Fourteenth Amendment, Marci A. Hamilton
Cardozo Law Review
The Religious Freedom Restoration Act ("RFRA") has now been in effect for over a year. RFRA is an understandable, but unconstitutional, attempt to supplement the contemporary Supreme Court's crabbed reading of the Free Exercise Clause. In a nutshell, RFRA sets the standard of review-the "compelling interest" test-to be applied to federal and state law burdening the free exercise of religious conduct. RFRA has already been employed to decide a series of cases, most of which were brought by prison inmates. The time rapidly approaches when the courts of appeals, and even the Supreme Court, will be asked to pass on …
Architect As Artist: Artists' Rights And Historic Preservation, Patty Gerstenblith
Architect As Artist: Artists' Rights And Historic Preservation, Patty Gerstenblith
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg
Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg
Cardozo Law Review
No abstract provided.
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
Articles
The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.
Environmental Review In The Land Use Process: New York’S Experience With Seqra, Stewart E. Sterk
Environmental Review In The Land Use Process: New York’S Experience With Seqra, Stewart E. Sterk
Cardozo Law Review
No abstract provided.
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
Cardozo Law Review
No abstract provided.
Turning Up The Heat In Hell’S Kitchen: Linking Harassment To Owners Seeking Building Permits In New York City’S Clinton District, Faith Glickman Rossi
Turning Up The Heat In Hell’S Kitchen: Linking Harassment To Owners Seeking Building Permits In New York City’S Clinton District, Faith Glickman Rossi
Cardozo Law Review
No abstract provided.
Nollan, Henry George, And Exactions, Stewart E. Sterk
Nollan, Henry George, And Exactions, Stewart E. Sterk
Articles
The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …
Federal Preemption Of Amateur Radio Antenna Height Regulation: Should The Sky Be The Limit?, Alice J. Schwartz
Federal Preemption Of Amateur Radio Antenna Height Regulation: Should The Sky Be The Limit?, Alice J. Schwartz
Cardozo Law Review
No abstract provided.
Proxy Preclearance And The First Amendment: The Unconstitutionality Of Rule 14a-6, Elizabeth J. Holland
Proxy Preclearance And The First Amendment: The Unconstitutionality Of Rule 14a-6, Elizabeth J. Holland
Cardozo Law Review
No abstract provided.
Determining Fees For Fees Under The Equal Access To Justice Act: Accomplishing The Act’S Goals, James B. Nobile
Determining Fees For Fees Under The Equal Access To Justice Act: Accomplishing The Act’S Goals, James B. Nobile
Cardozo Law Review
No abstract provided.
Exclusiveness In The Law Of Prescription, Dena Cohen
Exclusiveness In The Law Of Prescription, Dena Cohen
Cardozo Law Review
No abstract provided.
Neighbors In American Land Law, Stewart E. Sterk
Neighbors In American Land Law, Stewart E. Sterk
Articles
The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …
Towering Above Charities: Real Estate Development By Nonprofit Organizations, Zoning Variances, And The Reasonable Return Finding, Eric J. Gruber
Towering Above Charities: Real Estate Development By Nonprofit Organizations, Zoning Variances, And The Reasonable Return Finding, Eric J. Gruber
Cardozo Law Review
No abstract provided.
Searching For The Status Quo, Jeremy Paul
Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk
Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk
Articles
The article examines the legal and policy implications of enforcing contractual servitudes that bind successors-in-interest to land, arguing that unrestricted enforcement could lead to significant externalities and transaction costs. While Richard Epstein advocates for maximal contractual freedom, the analysis highlights the need for doctrinal limitations to protect future generations and public interests. The article critiques existing doctrines like the touch and concern requirement, changed conditions doctrine, and durational limitations, proposing reforms to balance private autonomy with broader societal concerns.
Area Variance Law In New York: A Uniform Approach, Yoram J. Cohen
Area Variance Law In New York: A Uniform Approach, Yoram J. Cohen
Cardozo Law Review
No abstract provided.
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Articles
The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.