The zoning of America

Euclid v. Ambler

Author: Michael Allan Wolf

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 188

View: 9095

When the Cleveland suburb of Euclid first zoned its land in 1922, the Ambler Realty Company was left with a sizable tract it could no longer sell for industrial use--and so the company sued. What emerged was the seminal zoning case in American history, pitting reformers against private property advocates in the Supreme Court and raising the question of whether a municipality could deny property owners the right to use their land however they chose. Reconstructing the case that made zoning a central element in urban planning for cities and towns throughout America, Michael Allan Wolf provides the first book-length study of the Supreme Court's landmark Euclid v. Ambler decision. Wolf describes how the ordinance, and the defense of it, burst onto the national stage and became the focus of litigation before moving all the way to the nation's highest court. He subsequently reveals how and why Justice George Sutherland broke from the Court's conservative bloc to support the urban reform movement eager to protect residential neighborhoods from disturbances created by rapidly expanding commercial, industrial, or multifamily uses of land. Following that decision, America saw the rapid proliferation of zoning ordinances, which greatly increased the power of local government to control and rationalize urban planning. As Wolf attests, many of today's environmental and land use laws might not have been deemed legal had Euclid v. Ambler been decided differently. But he also points out the potential dangers that emerged from the decision, such as its anticompetitive impact on the real estate market, its catalyzing effect on suburban sprawl, and its establishment of a legal basis for excluding minoritygroups from neighborhoods. Wolf's compelling account makes it clear that Euclid v. Ambler fundamentally altered how we think about the urban landscape, changed the way our cities and suburbs are organized, and left a long shadow over subsequent cases such as the controversial Supreme Court decision in Kelo v. New London (2005).
Posted in Law

Religion and Politics in America: An Encyclopedia of Church and State in American Life [2 volumes]

An Encyclopedia of Church and State in American Life

Author: Frank J. Smith

Publisher: ABC-CLIO

ISBN: 1598844369

Category: Religion

Page: 899

View: 5458

There has always been an intricate relationship between religion and politics. This encyclopedia provides a comprehensive overview of the interrelation of religion and politics from colonial days to the present. • Enables readers to understand why religion and politics are necessarily interrelated • Demonstrates how today's heated controversies about the delicate balance between religious beliefs and government policies in America are not new but have existed since the foundation of the nation • Represents an ideal resource for students writing position papers regarding the separation of church and state (or lack of)
Posted in Religion

Everyday Law on the Street

City Governance in an Age of Diversity

Author: Mariana Valverde

Publisher: University of Chicago Press

ISBN: 0226921913

Category: Law

Page: 272

View: 4848

Toronto prides itself on being “the world’s most diverse city,” and its officials seek to support this diversity through programs and policies designed to promote social inclusion. Yet this progressive vision of law often falls short in practice, limited by problems inherent in the political culture itself. In Everyday Law on the Street, Mariana Valverde brings to light the often unexpected ways that the development and implementation of policies shape everyday urban life. Drawing on four years spent participating in council hearings and civic association meetings and shadowing housing inspectors and law enforcement officials as they went about their day-to-day work, Valverde reveals a telling transformation between law on the books and law on the streets. She finds, for example, that some of the democratic governing mechanisms generally applauded—public meetings, for instance—actually create disadvantages for marginalized groups, whose members are less likely to attend or articulate their concerns. As a result, both officials and citizens fail to see problems outside the point of view of their own needs and neighborhood. Taking issue with Jane Jacobs and many others, Valverde ultimately argues that Toronto and other diverse cities must reevaluate their allegiance to strictly local solutions. If urban diversity is to be truly inclusive—of tenants as well as homeowners, and recent immigrants as well as longtime residents—cities must move beyond micro-local planning and embrace a more expansive, citywide approach to planning and regulation.
Posted in Law

Marbury V. Madison

The Origins and Legacy of Judicial Review

Author: William Edward Nelson

Publisher: Landmark Law Cases & American

ISBN: 9780700610624

Category: History

Page: 142

View: 5705

This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
Posted in History

Megapolitan America

Author: Arthur Nelson,Robert Lang

Publisher: Routledge

ISBN: 1351178075

Category: Architecture

Page: 312

View: 7772

With an expected population of 400 million by 2040, America is morphing into an economic system composed of twenty-three 'megapolitan' areas that will dominate the nation’s economy by midcentury. These 'megapolitan' areas are networks of metropolitan areas sharing common economic, landscape, social, and cultural characteristics. The rise of 'megapolitan' areas will change how America plans. For instance, in an area comparable in size to France and the low countries of the Netherlands and Belgium – considered among the world's most densely settled – America's 'megapolitan' areas are already home to more than two and a half times as many people. Indeed, with only eighteen percent of the contiguous forty-eight states’ land base, America's megapolitan areas are more densely settled than Europe as a whole or the United Kingdom. Megapolitan America goes into spectacular demographic, economic, and social detail in mapping the dramatic – and surprisingly optimistic – shifts ahead. It will be required reading for those interested in America’s future.
Posted in Architecture

The Slaughterhouse Cases

Regulation, Reconstruction, and the Fourteenth Amendment

Author: Ronald M. Labbé,Jonathan Lurie

Publisher: N.A

ISBN: 9780700614097

Category: History

Page: 205

View: 8473

While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.
Posted in History

Land Use Without Zoning

Author: Bernard H. Siegan

Publisher: Free Press

ISBN: 9780669820409

Category: Business & Economics

Page: 271

View: 4206

Analyzes the negative aspects of zoning policies and laws and cites the advantages of unrestricted land use as illustrated in Houston, Texas
Posted in Business & Economics

Regional Planning in America

Practice and Prospect

Author: Ethan Seltzer,Armando Carbonell

Publisher: Lincoln Inst of Land Policy

ISBN: 9781558442153

Category: Political Science

Page: 288

View: 9276

We live in regions—territories defined primarily by function and only rarely by jurisdiction. The places where we work, live, shop, recreate, and socialize constitute a territory that seldom corresponds to a single town or city. Regional planning is concerned less with the exercise of jurisdiction and more with the search for new forms of habitation based on a clear commitment to advancing sustainability. The state of our world and the realities of contemporary daily life make the case for robust regional planning. With regional planning practice in the United States settling into a new century, challenges communities and institutions face require boundary-crossing collaboration.For future sustainability, regional planning in America will need to make “region ethic” a tool for planners, communities and institutions to address issues affecting their shared geographic territories. The primary objective for future planners will be to first, define the region by analyzing the common set of physical attributes and economic concerns. Then organize the region, as specialized community organizers acting through many levels of governance to affect sustainable development of mega-regions.The contributors suggest that planners in the twenty-first century will need to understand local issues in a regional and global context. They must be adept at defining planning regions based on functional planning problems; capable of reaching across boundaries to assess, identify, and act on common cause; and able to navigate the currents of power to create the lasting relationships and institutions needed to implement plans. Regional planning practices can address challenges urban and rural communities face achieving sustainability through green regionalism.The editors call for a “region ethic” that will advance the sustainability of the regions on which our existence will depend. The region ethic is a call to recognize the central interdependencies that make our inhabitation of cities and landscapes possible. This book seeks to assist a new generation of practitioners in understanding the roots, underpinnings, and applications of regional planning in America today, and the prospects for its practice in the future.
Posted in Political Science

The Encyclopedia of Housing, Second Edition

Author: Andrew T. Carswell

Publisher: SAGE

ISBN: 1412989574

Category: Business & Economics

Page: 872

View: 633

The second edition of the Encyclopedia of Housing has been updated to reflect the significant changes in the market that make the landscape of the industry so different today, and includes articles from a fresh set of scholars who have contributed to the field over the past twelve years.
Posted in Business & Economics

Land Use and Society, Revised Edition

Geography, Law, and Public Policy

Author: Rutherford H. Platt

Publisher: Island Press

ISBN: 1559636858

Category: Architecture

Page: 455

View: 2655

Land Use and Society is a unique and compelling exploration of interactions among law, geography, history, and culture and their joint influence on the evolution of land use and urban form in the United States. Originally published in 1996, this completely revised, expanded, and updated edition retains the strengths of the earlier version while introducing a host of new topics and insights on the twenty-first century metropolis. This new edition of Land Use and Society devotes greater attention to urban land use and related social issues with two new chapters tracing American city and metropolitan change over the twentieth century. More emphasis is given to social justice and the environmental movement and their respective roles in shaping land use and policy in recent decades. This edition of Land Use and Society by Rutherford H. Platt is updated to reflect the 2000 Census, the most recent Supreme Court decisions, and various topics of current interest such as affordable housing, protecting urban water supplies, urban biodiversity, and "ecological cities." It also includes an updated conclusion that summarizes some positive and negative outcomes of urban land policies to date.
Posted in Architecture

Zoned in the USA

The Origins and Implications of American Land-Use Regulation

Author: Sonia A. Hirt

Publisher: Cornell University Press

ISBN: 0801454700

Category: Political Science

Page: 248

View: 5538

Why are American cities, suburbs, and towns so distinct? Compared to European cities, those in the United States are characterized by lower densities and greater distances; neat, geometric layouts; an abundance of green space; a greater level of social segregation reflected in space; and—perhaps most noticeably—a greater share of individual, single-family detached housing. In Zoned in the USA, Sonia A. Hirt argues that zoning laws are among the important but understudied reasons for the cross-continental differences. Hirt shows that rather than being imported from Europe, U.S. municipal zoning law was in fact an institution that quickly developed its own, distinctly American profile. A distinct spatial culture of individualism—founded on an ideal of separate, single-family residences apart from the dirt and turmoil of industrial and agricultural production—has driven much of municipal regulation, defined land-use, and, ultimately, shaped American life. Hirt explores municipal zoning from a comparative and international perspective, drawing on archival resources and contemporary land-use laws from England, Germany, France, Australia, Russia, Canada, and Japan to challenge assumptions about American cities and the laws that guide them.
Posted in Political Science

Capital punishment on trial

Furman v. Georgia and the death penalty in modern America

Author: David M. Oshinsky

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 144

View: 8611

In his first book since the Pulitzer Prize--winning Polio: An American Story, renowned historian David Oshinsky takes a new and closer look at the Supreme Court's controversial and much-debated stances on capital punishment--in the landmark case of Furman v. Georgia. Career criminal William Furman shot and killed a homeowner during a 1967 burglary in Savannah, Georgia. Because it was a "black-on-white" crime in the racially troubled South, it also was an open-and-shut case. The trial took less than a day, and the nearly all-white jury rendered a death sentence. Aided by the NAACP's Legal Defense Fund, Furman's African-American attorney, Bobby Mayfield, doggedly appealed the verdict all the way to the U.S. Supreme Court, which in 1972 overturned Furman's sentence by a narrow 5--4 vote, ruling that Georgia's capital punishment statute, and by implication all other state death-penalty laws, was so arbitrary and capricious as to violate the Eighth Amendment's prohibition against "cruel and unusual punishment." Furman effectively, if temporarily, halted capital punishment in the United States. Every death row inmate across the nation was resentenced to life in prison. The decision, however, did not rule the death penalty per se to be unconstitutional; rather, it struck down the laws that currently governed its application, leaving the states free to devise new ones that the Court might find acceptable. And this is exactly what happened. In the coming years, the Supreme Court would uphold an avalanche of state legislation endorsing the death penalty. Capital punishment would return stronger than ever, with many more defendants sentenced to death and eventually executed. Oshinsky demonstrates the troubling roles played by race and class and region in capital punishment. And he concludes by considering the most recent Supreme Court death-penalty cases involving minors and the mentally ill, as well as the impact of international opinion. Compact and engaging, Oshinsky's masterful study reflects a gift for empathy, an eye for the telling anecdote and portrait, and a talent for clarifying the complex and often confusing legal issues surrounding capital punishment.
Posted in History

The sodomy cases

Bowers v. Hardwick and Lawrence v. Texas

Author: David A. J. Richards

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 214

View: 2107

For America's gay community, the question of rights is often reduced to the issue of privacy. Until very recently, even though this right has been upheld by the Supreme Court in landmark cases relating to contraception and abortion, the issue of "nonprocreational sex" continued to trigger a double standard for gay men. Now David Richards, a leading legal scholar who is himself gay, shows how two other landmark cases nearly twenty years apart shed light on America's evolving views of privacy. The Supreme Court's decision in Bowers v. Hardwick (1986) stemmed from a 1982 gay-sex arrest in an Atlanta home under a Georgia law that criminalized sodomy--a case not originally prosecuted, but then pursued in court to challenge the statute's constitutionality. Lawrence v. Texas (2003) followed a similar arrest in 1998 in Houston, where Texas law also criminalized sodomy--but only when practiced by members of the same sex. Richards views these cases as the nadir and apogee of the gay community's efforts to fight discrimination through the courts. In Bowers, the Supreme Court ruled that there was no constitutional protection for sodomy and that states could outlaw those practices. But in Lawrence, the Court overturned the Texas law--and the Bowers decision as well--because it denied due process protection to consenting adults whose sexual practices were conducted in private. Justice Kennedy's majority opinion reaffirmed a constitutionally protected right to privacy that prevented the government from regulating intimate behavior. Tracing the Court's deliberations, Richards shows how Lawrence unambiguously establishes that the right to a private life is an innately human right and that ourconstitutional right to privacy rests on the moral bedrock of equal protection. He shifts gracefully from the law to literature, and from the Courts to the wider culture, to offer a brilliant analysis of the relevant arguments, going beneath their surface to link them to the emotional and moral foundations of the controversies raging around these decisions. Both of these cases show a Supreme Court ready to take seriously the idea that homosexuals have human rights--and that these rights are the basis of judicially enforceable constitutional rights. In describing these challenges to public prejudice, Richards's book offers students and general readers new insight into the practice and theory of constitutional law.
Posted in Law

Gibbons v. Ogden

John Marshall, steamboats, and the commerce clause

Author: Herbert Alan Johnson

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Biography & Autobiography

Page: 198

View: 5992

Posted in Biography & Autobiography

Program of the ... Annual Meeting

Author: American Historical Association,History of Science Society. Meeting

Publisher: N.A

ISBN: N.A

Category: Medical

Page: N.A

View: 4303

Posted in Medical

Fundamentals of Plan Making

Methods and Techniques

Author: Edward J. Jepson, Jr.,Jerry Weitz

Publisher: Routledge

ISBN: 1317688538

Category: Political Science

Page: 248

View: 4923

Urban and regional planning programs aspire to prepare practitioners to write and implement plans, primarily at the local level of government. These programs are very much "professional" in their aspirations, as opposed to research oriented. Yet, academic planning programs often place greater emphasis on theory than practice. For decades, the planning academy has acknowledged a major disconnect between what the planning academy teaches students and the techniques and skills needed to be a successful professional practitioner. Fundamentals of Plan Making will give planning students an understanding of research design as it applies to planning, develop familiarity with various data sources, and help them acquire knowledge and the ability to conduct basic planning analyses such as population projections, housing needs assessments, development impact analyses, and land use plans. Students will also learn how to implement the various citizen participation methods used by planners and develop an appreciation of the values and roles of practicing planners. In Fundamentals of Plan Making, Edward Jepson and Jerry Weitz bring their extensive experience as practicing academics and give planning students the practical, hands on tools they need to implement the various methods used to create and implement real plans and policies. Its chapters on transportation, housing, environment, economic development and other core development topics also make it a handy reference for planning practitioners. For errata to the first printing, please use the following link: www.routledge.com/9781138024366
Posted in Political Science

San Antonio V. Rodriguez and the Pursuit of Equal Education

The Debate Over Discrimination and School Funding

Author: Paul A. Sracic

Publisher: N.A

ISBN: N.A

Category: Education

Page: 169

View: 4224

An in-depth study of school financing examined through the closely decided Supreme Court case that overturned a ruling that found Texas's system for financing its public schools was unconstitutional, signaling the end of an era in the pursuit of equal education for all American citizens.
Posted in Education

Fugitive slave on trial

the Anthony Burns case and abolitionist outrage

Author: Earl M. Maltz

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 174

View: 6441

Posted in History

Roe v. Wade

the abortion rights controversy in American history

Author: N. E. H. Hull,Peter Charles Hoffer

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 370

View: 8915

Posted in History