Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence PDF Download

Author: Alan C. Weinstein
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Recent federal court decisions appear to limit the ability of cities to mitigate the ambient crime risks associated with adult entertainment businesses. In one instance, a court has assumed that criminological theories do not apply to “off-site” adult businesses. After developing the legal doctrine of secondary effects, we demonstrate that the prevailing criminological theory applies to all adult business models. To corroborate the theory, we report the results of a before/after quasi-experiment for an off-site adult business. When an off-site adult business opens, ambient crime risk doubles compared to a control area. As theory predicts, moreover, ambient victimization risk is most acute in night-time hours. The theoretical development and empirical results have obvious implications for the evolving legal doctrine of secondary effects.

Author: Richard McCleary
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Expressive activities that occur inside adult entertainment businesses are protected under the First Amendment. Ordinances aimed at regulating adult businesses must be motivated by a legitimate concern for the businesses' potential adverse secondary effects, including ambient noise, blight, and crime. To demonstrate that its motives are legitimate, the government must collect and weigh secondary effects evidence prior to enacting an ordinance. The courts have set a low evidentiary threshold for the government. The government can rely on secondary effects studies conducted in other places, for example, and on evidence that fails to satisfy arbitrary standards of rigor. The courts require that the government's evidence be relevant and reliable, however, and this requirement opens the door to Constitutional challenges. Recently, stores that sell sexually-explicit merchandise strictly for off-premise use have challenged the relevance of the government's secondary effects evidence to off-site adult businesses. The typical challenge argues (1) that off-site adult businesses are a distinct business model; (2) that no study has reported secondary effects for off-site adult businesses; and (3) that common sense dictates that off-site adult stores could not generate secondary effects. In 2002, agreeing with this argument, a 5th Circuit Court of Appeals panel struck down a San Antonio ordinance regulating off-site adult businesses. In the wake the 5th Circuit's Encore Videos decision, off-site adult businesses have used the same argument to challenge government ordinances throughout the U.S. In some cases, courts have agreed with the argument. In other cases, to avoid litigation, governments have agreed not to enforce regulations against off-site adult businesses. If the argument can be adapted to other adult business models, the Constitutionality of all adult business regulations are questioned. In this essay, we examine the legal, logical, and empirical bases of the argument used by off-site adult businesses to challenge the Constitutionality of ordinances. After describing the evolution of the U.S. Supreme Court's secondary effects doctrine, we apply the routine activity theory of crime to the off-site adult business model. Criminological theory predicts that all adult business models, including the off-site model, will have secondary effects. To test the theory, we report the results of a case study of an off-site adult business. Like other adult business models, this off-site store has large, significant crime-related secondary effect. Finally, we discuss the legal implications of the case study findings.

Author: Daniel P. Selmi
Publisher: Aspen Publishing
ISBN: 1454887966
Category : Law
Languages : en
Pages : 1304

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Book Description
Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.

Author: Petra L. Doan
Publisher: Routledge
ISBN: 1317072405
Category : Social Science
Languages : en
Pages : 294

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Book Description
Current planning practices have largely neglected the needs of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community for safe urban spaces in which to live, work, and play. This volume fills the gap in the literature on the planning and development of queer spaces, and highlights some of the resistance within the planning profession to incorporate gay and lesbian concerns into the planning mainstream. Planning lags behind other disciplines concerned with queer urban issues. In contrast, the field of geography has developed a rich sub-specialty in the geographies of sex and gender that examines spaces and the variety of non-heteronormative populations that inhabit them. This volume brings together both planners and geographers with experience in planning to examine some of the fundamental assumptions of urban planning as they relate to the LGBT community. The first few chapters are substantial revisions and expansions of earlier influential work on planning for non-conformist populations and the preservation of LGBT neighborhoods. Subsequent chapters comprise original contributions that draw on the rich literature from queer theory, planning theory and the geography of sexualities to explore the ways that nonconformist populations struggle with heteronormative expectations embedded in planning theory and procedures. These chapters consider the intersection of planning and a range of populations including transgendered and gender variant individuals. Subsequent chapters examine the ways that variations in the scale of urban and regional governance influence local politics around the implementation of more equitable policies at the city level. In addition, several chapters critically examine the implications of using the tolerance component of Richard Florida's "creative cities" arguments. The final section consists of two chapters that explore the ways that urban planning regimes have been used to regulate sexually-oriented businesses and the way this regulation of sexualized spaces has implications on the heteronormativity of plans and planners. In summary, these chapters interrogate planning practice and pose questions for academic and professional planners about the ways that the queer community and its needs for spaces have shifted. What do those changes mean for the practice of planning 40 years after the North American Stonewall rebellion and looking forward to the next 40 years? To what extent does existing planning practice constrain the evolution of queer communities or seek to commercialize such spaces to the benefit of large developers and the detriment of marginalized members of the community? How might planning practice change to provide more direct support to the evolution of queer people and the spaces in which they live? This volume draws on these insights as well as the experiences of the various authors to lay out possible future directions for the field of planning to create truly inclusive urban areas.

Author: Paul J. Maginn
Publisher: Routledge
ISBN: 1135008337
Category : Architecture
Languages : en
Pages : 312

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Book Description
(Sub)Urban Sexscapes brings together a collection of theoretically-informed and empirically rich case studies from internationally renowned and emerging scholars highlighting the contemporary and historical geographies and regulation of the commercial sex industry. Contributions in this edited volume examine the spatial and regulatory contours of the sex industry from a range of disciplinary perspectives—urban planning, urban geography, urban sociology, and, cultural and media studies—and geographical contexts—Australia, the UK, US and North Africa. In overall terms, (Sub)urban Sexscapes highlights the mainstreaming of commercial sex premises—sex shops, brothels, strip clubs and queer spaces—and products—sex toys, erotic literature and pornography—now being commonplace in night time economy spaces, the high street, suburban shopping centres and the home. In addition, the aesthetics of commercial and alternative sexual practices—BDSM and pornography—permeate the (sub)urban landscape via billboards, newspapers and magazines, television, music videos and the Internet. The role of sex, sexuality and commercialized sex, in contributing to the general character of our cities cannot be ignored. In short, there is a need for policy-makers to be realistic about the historical, contemporary and future presence of the sex industry. Ultimately, the regulation of the sex industry should be informed by evidence as opposed to moral panics. *** Winner of the Planning Institute of Australia (WA) 2015 Award for Excellence in Cutting Edge Research and Teaching ***

Author: Brian William Blaesser
Publisher:
ISBN: 9780314984654
Category : Land use
Languages : en
Pages : 1332

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Author: Ronald J. Krotoszynski
Publisher: Aspen Publishing
ISBN: 154381722X
Category : Law
Languages : en
Pages : 1407

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Book Description
This book is about sex offenders. Whereas most books will focus on either sex crimes or sexual deviance, this book examines the entire etiology of sex crimes. This includes discussions of the nature of sex crimes, sexual deviance, and, maybe most importantly, the processing of sex offenders through the criminal justice system. This includes sex offender interactions with law enforcement, the courts, and corrections. Corrections for sex offenders encompasses a myriad of programs: prison, sex offender registration and notification, civil commitments, residence restrictions, and treatment. One unique aspect of this book is its focus on criminal justice system’s treatment of sex offenders, given scant if any coverage in other books. The book also emphasizes two of the most common sex crimes, rape and sex offenses against children, and addresses the impact of sex crimes on victims. In sum, this book offers a comprehensive approach to the study of sex offenders.

Author: KROTOSZYNSKI
Publisher: Aspen Publishing
ISBN: 1543826687
Category : Law
Languages : en
Pages : 1104

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Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court's decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students' mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including "low value" speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage - including coverage of the Supreme Court's major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the "Lemon," "endorsement," "coercion," and "history and tradition" tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions

Author: John Frank Weaver
Publisher: Bloomsbury Publishing USA
ISBN: 1440829462
Category : Technology & Engineering
Languages : en
Pages : 246

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Book Description
The only book of its kind to look at how our legal system needs to change to accommodate a world in which machines, in addition to people, make decisions. For years, robots were solely a matter of science fiction. Today, artificial intelligence technologies serve to accelerate our already fast-paced lives even further. From Apple's Siri to the Google Car to GPS, machines and technologies that make decisions and take action without direct human supervision have become commonplace in our daily lives. As a result, laws must be amended to protect companies that produce robots and the people that buy and use them. This book provides an extensive examination of how numerous legal areas—including liability, traffic, zoning, and international and constitutional law—must adapt to the widespread use of artificial intelligence in nearly every area of our society. The author scrutinizes the laws governing such fields as transportation, medicine, law enforcement, childcare, and real estate development.

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 64

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Book Description
The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.