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Now showing items 1-10 of 23
Takings Jurisprudence as Three-Tiered Review
(2006)
Takings jurisprudence has long been and remains, in the opinion of many, a constitutional quagmire, with little in the way of predictable results or coherent principles. The Supreme Court itself has acknowledged the largely ...
Schools, Worship, and the First Amendment
(2015)
This five-part article examines the use of public school space for worship, arguing that the Second Circuit Court of Appeals was wrong in its First Amendment analysis related to the Free Speech Clause, the Establishment ...
Sign Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection
(1995)
This article examines the law of sign and billboard regulations, with particular attention to the dual concerns noted by the U.S. Supreme Court in City of Ladue v. Gilleo of restricting "too much" speech and restricting ...
Fairness and Farmland Preservation: A Response to Professor Richardson
(2005)
In a recent article published in this Journal, Professor Jesse Richardson attempted to refute the arguments proposed by myself and others that support the fairness of downzoning land without compensation to property owners. ...
Making Sense of High School Speech After Morse v. Frederick
(2009)
This Article will examine the scope of student speech in high schools after Morse v. Frederick. Part I will first briefly review the Court's decisions in Tinker, Fraser, and Hazelwood. Part II will then analyze the Court's ...
The First Amendment and Religion After Hosanna-Tabor
(2014)
The Supreme Court’s treatment of religion under the First Amendment has shifted significantly in the past quarter century. Though the Court had focused on separation for the Establishment Clause and accommodation for the ...
The Effect of Palazzolo v. Rhode Island on Takings and Environmental Land Use Regulation
(2002)
This article reviews the state of regulatory takings law after Palazzolo, with particular attention to controls on environmentally sensitive land. Part II briefly examines regulatory takings law prior to Palazzolo, first ...
Religion as Speech: The Growing Role of Free Speech Jurisprudence in Protecting Religious Liberty
(2008)
This article explores the role of free speech jurisprudence in protecting religious liberty, both describing how that role has grown in recent years and evaluating its propriety for the twenty-first century. The article ...
Where to Pray? Religious Zoning and the First Amendment
(1987)
Despite emerging recognition that the normal rules do not apply when zoning affects first amendment activities, the Supreme Court has not yet definitively addressed zoning restrictions that affect the exercise of religion. ...
Policing Bias and Conflicts of Interest in Zoning Decisionmaking
(1989)
This article will attempt a comprehensive review of the issues involved in policing bias and conflicts of interests in zoning decisionmaking. Part one will briefly discuss the nature of zoning decisionmaking and the value ...