The Four Supreme Court Land-use Decisions of 2005 PDF Download

Author: American Planning Association
Publisher:
ISBN:
Category : Architecture
Languages : en
Pages : 228

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Book Description
Here, in one volume, are both an overview and an in-depth research resource about four landmark Supreme Court decisions of 2005 that may affect the day-to-day work of planners. The report corrects much misinformation that has been published about the Kelo decision. Included for each case are an overview, the text of the Supreme Court opinion (including dissenting and concurring opinions), the text of the amicus brief that APA filed, and (for Kelo and Lingle) commentary and reaction. The articles in the commentary and reaction sections, as well as the Foreword and Afterword, describe how these decisions will affect everyday planning practice. The various articles in this report are excerpted from other APA publications and the APA website.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: John Forrest 1831-1914 Dillon
Publisher: Wentworth Press
ISBN: 9781361605608
Category : History
Languages : en
Pages : 878

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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252

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Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Author: Robert C. Ellickson
Publisher: Aspen Publishing
ISBN: 1454897937
Category : Law
Languages : en
Pages : 922

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Book Description
Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy

Author: William A. Fischel
Publisher:
ISBN: 9781558442887
Category : Electronic books
Languages : en
Pages : 416

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Book Description
"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.

Author: Craig Anthony Arnold
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 180

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Book Description
Lawsuits challenging the disproportionate effects of government decisions on low-income and minority communities are on the rise. Studies show that low-income families and racial minorities are more likely to suffer from health issues related to pollution. Grassroots environmental justice groups are increasingly fighting the siting of LULUs in low-income and minority communities. The principles these groups adopt are good planning principles: that no person or neighborhood should be burdened by harmful environmental conditions and that all persons should have the opportunity for meaningful participation in the decisions affecting the health, safety, and identity of their community. This report, from APA's Planning Advisory Service, explains how the principles of environmental justice can be incorporated into land-use planning processes.

Author: David L Hudson
Publisher: Visible Ink Press
ISBN: 1578592364
Category : Law
Languages : en
Pages : 511

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Book Description
From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.

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: Jean-David Gerber
Publisher: Routledge
ISBN: 1315511630
Category : Architecture
Languages : en
Pages : 354

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Book Description
In dealing with scarce land, planners often need to interact with, and sometimes confront, property right-holders to address complex property rights situations. To reinforce their position in situations of rivalrous land uses, planners can strategically use and combine different policy instruments in addition to standard land use plans. Effectively steering spatial development requires a keen understanding of these instruments of land policy. This book not only presents how such instruments function, it additionally examines how public authorities strategically manage the scarcity of land, either increasing or decreasing it, to promote a more sparing use of resources. It presents 13 instruments of land policy in specific national contexts and discusses them from the perspectives of other countries. Through the use of concrete examples, the book reveals how instruments of land policy are used strategically in different policy contexts.