In This Issue

Federal Government

Cities v. Big Pharma: Municipal Affirmative Litigation & the Opioid Crisis

The opioid epidemic has not only destroyed many lives, it has brought a wave of litigation against drug companies. Municipal plaintiffs face a unique situation: unlike state governments, they lack the general power to sue on behalf of residents; unlike individuals, they face special challenges to show injuries. This Article explores the history of cities suing big industry, the hurdles they face, and the strategies cities are using to overcome them.

Real Estate

Legally Enabling a Modern-Day Mayberry: A Legal Analysis of Form-Based Zoning Codes

Form-based zoning codes are a new visionary approach to comprehensive land use regulation that are transforming the built environment. Discussing form-based codes requires delving into both law and city planning, fields that go hand in hand. This paper analyzes that relationship to investigate the legal issues implicated in using form-based codes. Specifically, this paper has the goal of answering the following questions: Are form-based codes within the legal authority of most U.S. jurisdictions? If so, how may they operate in light of the multitude of legal issues surrounding land use and property? And most importantly, do form-based codes’ fixation on design and form pose legal difficulties not faced by conventional zoning that overrule the normative benefits of form-based codes?

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