Vol. 32, No. 2, Spring 2000

The Urban Lawyer,
Vol. 32, No. 2, Spring 2000

Publication Date: June 12, 2000

Brian W. Ohm, Reforming Land Planning Legislation at the Dawn of the 21st Century-The Emerging Influence of Smart Growth and Livable Communities, 32 Urb. Law. 181 (Spring 2000).

This article examines the emerging influence of the "smart growth" and "livable communities" concepts on state legislative activity. It first summarizes the evolving understanding of the state's roles in land use, and then explores some of the national activities and principles underlying the general concept of smart growth and livable communities. To help understand what these concepts mean from a legislative standpoint, the article provides an overview of some of the recent legislation adopted by states that use the title "smart growth" or "livable communities." Finally, the article focuses on recent planning legislation passed in Wisconsin to provide more exhaustive insight into one state's efforts at promoting "smart growth" and how those efforts relate to more traditional growth management approaches.

 

James A. Kushner, Smart Growth: Urban Growth Management and Land Use Regulation Law, 32 Urb. Law. 211 (Spring 2000).

This article assesses whether the current state of the law supports growth management and "smart growth" initiatives and whether the ostensible indeterminacy and controversy over interpreting U.S. Supreme Court land regulation cases threatens current regulatory strategies aimed at generating sustainable communities.

 

Madeline J. Meacham, The Williamson Trap, 32 Urb. Law. 239 (Spring 2000).

If litigants who feel their property has been taken bring their federal claims in federal court without having first brought their inverse condemnation claims in state court, their claims will be dismissed on ripeness grounds, pursuant to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. Before Del Monte Dunes, clients and attorneys were likely to be ambivalent at best about the expense and demands of gearing up for a second bite at the apple in federal court, when the likelihood of a different outcome in front of a federal judge, rather than a state court judge, was not very clear cut. This article discusses, post- Del Monte Dunes, how getting to a jury after failing with a state judge will be attractive enough for property owners to accept the economic and emotional costs of a second trial.

 

Rolando José, Santiago, Internet Access in Public Libraries: A First Amendment Perspective, 32 Urb. Law. 259 (Spring 2000).

This article looks at the development of the topic of Internet access in public libraries from the standpoint of the First Amendment and how it applies within the purview of public libraries. It focuses on the conflict between providing unrestricted access to the Internet and the government's compelling interest in safeguarding impressionable children from obscene and indecent material.

 

Philip A. O'Connell, Jr., Terri Esparza & Jennifer A. Moore, The Golden Dustman in the Golden State: Exclusive Contracts for Solid Waste Collection and Disposal in California, 32 Urb. Law. 281 (Spring 2000).

This article's purpose is first to explain the economic and legal basis for exclusive contracts for solid waste handling, at least as they exist in California; and second, to consider some of the arguments that are most often advanced against such exclusive contracts.

Charlotte M. Emery, Tribal Government in North America: The Evolution of Tradition, 32 Urb. Law. 315 (Spring 2000).

The purpose of this article is to explore the evolution of modern tribal government. The initial discussion addresses historical forms of government found prior to European intervention. The imposing political pressures that resulted in the transformation of those governmental structures follows.

 

With a Book Review on

Citymaking: Building Communities Without Building Walls

Reviewed by Fleur Johns

 

And Cases, Statutes, Recent Developments

Conn v. Gabbert , 119 S. Ct. 1292 (1999).

Flippo v. West Virginia , 120 S. Ct. 7 (1999).

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