Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio,
2010
Cleveland State University
Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab
Cleveland State Law Review
This Article advocates that Ohio adopt a mandatory “watershed-approach” to land use planning and zoning throughout the state. Ohio should adopt this approach to increase water quality in the state by reducing nonpoint source pollution, achieve greater environmental regulation uniformity, and offset the unfettered zoning power of municipalities operating in the absence of a comprehensive plan.
The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities,
2010
Cleveland State University
The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities, Ben Beckman
Cleveland State Law Review
This Note is principally concerned with those takings that arise from the State's exercise of eminent domain, either directly or through the State's designee. To put a finer point on it, this Note addresses the distinction that property-rights advocates have developed to delegitimize certain types of takings. This distinction divides condemnations into disfavored-yet-legitimate takings-the direct-government-use and common-carrier takings-and ostensibly illegitimate public-purpose takings. The property-rights movement unequivocally places economic-development takings in the illegitimate category. The status of blight-remediation takings is ambiguous but tends toward legitimacy.
Governing? Gentrifying? Seceding? Real-Time Answers To Questions About Business Improvement Districts,
2010
Notre Dame Law School
Governing? Gentrifying? Seceding? Real-Time Answers To Questions About Business Improvement Districts, Nicole Stelle Garnett
Journal Articles
Business improvement districts (BIDs) have become a ubiquitous feature of the urban development toolkit. An important - perhaps the most important - instantiation of the trend in urban governance toward the devolution of local authority to new sublocal, quasi-governmental institutions, BIDs play an important role in urban re-development efforts, especially efforts to revitalize downtowns and satellite center-city business districts. Drawing upon case studies of Philadelphia’s BIDS, this symposium essay seeks to answer three questions about how BIDs actually work on the ground: First, whether BIDs are actually functioning as local governments rather than quasi-private providers of supplemental services; second, whether …
The Business Improvement District Comes Of Age,
2010
Columbia Law School
The Business Improvement District Comes Of Age, Richard Briffault
Faculty Scholarship
It is difficult to say precisely when the business improvement district (BID) was born. BIDs emerged out of legal structures and concepts that date back many decades, but the specific BID form is a relatively recent development. By some accounts, the first BID in the United States was the Downtown Development District of New Orleans, which was established in 1975. Few BIDs were created before 1980, and in most places the surge in BID formation did not really get going until around 1990 – the year that Philadelphia's Center City District was first established. Although new BIDs were created on …
The Order-Maintenance Agenda As Land Use Policy,
2010
Notre Dame Law School
The Order-Maintenance Agenda As Land Use Policy, Nicole Stelle Garnett
Journal Articles
Debates about the broken windows hypothesis focus almost exclusively on whether the order-maintenance agenda represents wise criminal law policy — specifically on whether, when, and at what cost, order-maintenance policing techniques reduce serious crime. These questions are important, but incomplete. This Essay, which was solicited for a symposium on urban-development policy, considers potential benefits of order-maintenance policies other than crime-reduction, especially reducing the fear of crime. The Broken Windows essay itself urged that attention to disorder was important not just because disorder was a precursor to more serious crime, but also because disorder undermined residents’ sense of security. The later …
