Vol.30, No.1, Winter1998

The Urban Lawyer,
Vol. 30, No. 1, Winter 1998

Publication Date: March 23, 1998

Michael S. Bernick & Amy E. Freilich, Transit Villages and Transit-Based Development: The Rules are Becoming More Flexible-How Government Can Work with the Private Sector to Make It Happen, 30 URB. LAW. 1 (Winter 1998). This article discusses recent developments in the law of transit-based development, the implementation tools available to the public and private sectors, examples of the use of those tools in projects familiar to the authors, and the steps which must be taken by both the public and private sectors to achieve successful developments on a broader scale than has currently been undertaken.

Scott J. Ziance, Making Economic Development Incentives More Efficient, 30 URB. LAW. 33 (Winter 1998).
This article analyzes tax incentives from legal, economic, and political perspectives and proposes contractual terms and systemic changes that will make the use of tax incentives more efficient. Part II explains the tensions and problems that accompany the use of tax incentives by examining several specific examples of the past twenty years. Part III addresses the legal or practical unenforceability of many tax incentive agreements. It analyzes tax incentives from a contract law perspective and a practical perspective, and it proposes methods to make such agreements more enforceable. In Part IV, analogies from the analysis of agency costs in corporate law are used to describe ways to make tax incentives more efficient. Finally, Part V describes the positive effects that the proposed systemic changes will have on interjurisdictional cooperation and the development of distressed areas.

Wayne C. Beyer, Police Misconduct: Claims and Defenses Under the Fourteenth Amendment Due Process and Equal Protection Clauses, 30 URB. LAW. 65 (Winter 1998).
Second to the Fourth Amendment's protection from unreasonable searches and seizures, the Fourteenth Amendment's Due Process and Equal Protection Clauses furnish the greatest protection from police abuse. This comprehensive review summarizes claims and defenses arising under the Due Process and Equal Protection Clauses that state actors should be sensitive to.

Neil Shouse, The Bifurcation: Class Plarization and Housing Segregation in the Twenty-First Century Metropolis, 30 URB. LAW. 145 (Winter 1998).
An allegorical extrapolation of possible future events, this fictional story explores what the author sees as many of the central issues in American regional policy as the new millennium approaches. The problems and assumptions underlying these issues are addressed in more depth in the endnotes following the article. Since the article proceeds in the form of a story, the reader will find it most effective if she or he completes the main text before looking to the notes.

Edward E. Chervenak, 1992 Congressional Redistricting in Louisiana: Drawing the Line(s) on Race, 30 URB. LAW. 209 (Winter 1998).
Ever since Baker v. Carr transformed the reapportionment scene, courts have been called on to sit in judgment of legislative district boundaries. However, even when courts have actually designed legislative districts, they have usually "resisted the temptation to rearrange the political landscape." An exception to this model of judicial temperance was the decision of Hays v. Louisiana by the Western District Court in Louisiana, which, after overturning two congressional maps, took over the redistricting duties and drafted its own plan. The court reorganized Louisiana's voters into highly compact districts and eliminated one of the state's two black majority districts. This article examines how the court's action negatively impacted African-American voting strength in the congressional districts developed for Louisiana.

Joseph Z. Fleming, The Privatization Precedent Set by the Lord Chancellor in Iolanthe: An Analysis of Walker v. McKnight, 30 URB. LAW. 233 (Winter 1998).
One of the most important privatization efforts is the privatization of prisons. With tighter budgets and increasing inmate populations, the construction and operation of prisons have become major concerns for governmental entities. The author uses Gilbert & Sullivan's Iolanthe as an analogy for questions of law involving privatization-the process of contracting out a governmental service to a private entity, which, as a result, has all of the advantages of being private while simultaneously not being a governmental agency. This is not meant to create an insulting comparison of a privatization process with the one encountered in Iolanthe; but, there are some appropriate analogies that relate to the Lord Chancellor's interpretation in connection with seeking "general principles of justice to correct or supplement the ordinary law."

Andrew J. Schaefer, The Canberra City State: A Model for District Self-Government (published as Canberra), 30 URB. LAW. 251 (Winter 1998).
Although Canberra, Australia, and Washington, D.C., are structurally different in many respects, analyzing Canberra's relative prosperity will show that there are ways in which a modern capitalist democracy can help its federal capital to prosper while avoiding many of the problems that now plague Washington. This article explores this comparison by addressing each of its component elements. Part II explains how both Canberra and Washington were developed along a central plan with intimate federal government oversight. Part III explores what the District of Columbia and the federal government can learn from Canberra's example and how Washington's structure can be modified to better reflect Canberra's advantages.

With cases, statutes, and recent developments on:

Land Use-Fifth Amendment Richardson v. City and County of Honolulu, 123 F.3d 1150 (9th Cir. 1997).
SK Finance SA v. La Plata County Bd. of County Comm'rs, 1997 WL 602729 (10th Cir. 1997).

Land Use-Commerce Clause
Eastern Kentucky Resources v. Fiscal Court of Magoffin County, 1997 WL 631261 (6th Cir. 1997).

Land Use-First Amendment
Ben Rich Trading, Inc. v. City of Vineland, 126 F.3d 155 (3d Cir. 1997).

Water
Skokomish Indian Tribe v. FERC, 121 F.3d 1303 (9th Cir. 1997).
Scheufler v. General Host Corp., 1997 WL 577710 (10th Cir. Sept. 18, 1997).

Transportation/Environment
Sierra Club v. Slater, 120 F.3d 623 (6th Cir. 1997).

And a Book Review of
Balancing Nature and Commerce in Gateway Communities, by Jim Howe, Ed McMahon, and Luther Propst.
Reviewed by John W. Ragsdale, Jr.

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