Magazine article from our research archive:
|
|
Judicial review of local land use decisions: lessons from RLUIPA.
- Article from:
-
Harvard Journal of Law & Public Policy
- Article date:
-
March 22, 2008
- Author:
- Ostrow, Ashira Pelman
|
Copyright informationCOPYRIGHT 2008 Harvard Society for Law and Public Policy, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
This Article questions whether traditional judicial deference to local land use regulators is justified in light of the highly discretionary, and often corrupt, modern system of land use regulation. In 2000, Congress determined, first, that unlike other forms of economic legislation, land use regulation lacks objective, generally applicable standards, leaving zoning officials with unlimited discretion in granting or denying zoning applications, and second, that this unlimited discretion lends itself to religious discrimination. Congress therefore enacted the Religious Land Use and Institutionalized Persons Act (RLUIPA), which requires courts to apply strict scrutiny review to ...
|
The paths of the law: historical consciousness, creative democracy, and...
Albany Law Review;
September 22, 1998 ;
Kidwell, Erin Rahne;
787 words
......maintain that judicial deference and judicial...paradigms of judicial review than one drawn...principles of judicial deference and judicial...the other.(5) Judicial review, the power...Holmesian judicial review has been ...
|
|
The corporate origins of judicial review.
Yale Law Journal;
December 1, 2006 ;
Bilder, Mary Sarah;
787 words
......new historical account of the origins of judicial review. It argues that judicial review arose from a longstanding English corporate...later, this practice gained a new name: judicial review. The widespread acceptance of this name...
|
|
Judicial review shows its set of teeth
The Scotsman;
October 6, 2000 ;
David Arnott;
760 words
...The number of cases for judicial review has been growing over the past...melot's successful application for judicial review, is an illustration of the...misunderstood, legal remedy of judicial review. Camelot, the present National...
|
|
Some alarming aspects of the legacies of judicial review and of John...
William and Mary Law Review;
March 1, 2002 ;
Presser, Stephen B.;
787 words
......were to speak about the legacy of judicial review in general, and the legacy of Chief...version. I begin with the legacy of judicial review, and follow that with some consideration...the legal academy on these matters. JUDICIAL REVIEW: ORIGINALLY REPUBLICAN, NOT DEMOCRATIC...
|
|
Judicial review and institutional choice.
William and Mary Law Review;
March 1, 2002 ;
Vermeule, Adrian;
787 words
......time to consider the legacy of judicial review. Only rarely do deeply entrenched doctrines and practices like judicial review become plausible candidates...intellectual agenda. On the one hand, judicial review has gained new vigor in European...
|
|
Argument over judicial review persists
Daily Breeze;
September 1, 2005 ;
586 words
......arising from the tension between judicial review -- the invalidation of laws enacted...conservatives fan the flames of resentment of judicial review, calling for judicial "restraint...conservative reasons for regarding judicial review as a valuable restraint on majorities...
|
|
Some conservatives fan the flames of resentment of judicial review,...
Chicago Sun-Times;
September 1, 2005 ;
George Will;
744 words
......arising from the tension between judicial review -- the invalidation of laws enacted...conservatives fan the flames of resentment of judicial review, calling for judicial "restraint...conservative reasons for regarding judicial review as a valuable restraint on majorities...
|
|
Judicial review of agency interpretation of statutes: deference doctrines...
Policy Studies Journal;
August 1, 2003 ;
Tolley, Michael C.;
787 words
......decision-making. I. Introduction Judicial review of administrative action is...States Customs Service deserves judicial deference. In the opinion of the Court...classification has no claim to judicial deference because it was unclear whether...the consequences of greater ...
|
|
Judicial review procedures to be made simpler
The Independent - London;
October 28, 1994 ;
JAMES CUSICK;
520 words
......and simplification of procedures for judicial review - the increasingly popular legal avenue...English law, regards the 1977 changes to judicial review mechanisms as one of its main achievements...1980 there were 500 applications for judicial review. Last year there were 3,000. ...
|
|
Legislating Chevron.(Chevron U.S.A., Inc., aspects of judicial review of...
Michigan Law Review;
August 1, 2003 ;
Garret, Elizabeth;
787 words
......emphatically the province and duty of the judicial department to say what the law is. (3...wrote before Chevron: A statement that judicial deference is mandated to an administrative 'interpretation...lawmaking power on the agencies; thus, judicial deference stems from an understanding that ...
|
|
Judicial Review: A Layperson's Guide.(Brief Article)(Book Review)
The Advocate;
January 1, 2004 ;
Groberman, Harvey;
573 words
......documents and floppy disk). $30. Judicial review is a complex area of the law...experienced practitioners. The Judicial Review Procedure Act, the statute governing procedural aspects of judicial review, is deceptively brief. Much...
|
|
The People Themselves: Popular Constitutionalism and Judicial...
Michigan Law Review;
May 1, 2005 ;
Prakash, Saikrishna Yoo, John C.;
787 words
......THEMSELVES: POPULAR CONSTITUTIONALISM AND JUDICIAL REVIEW. By Larry D. Kramer. New York: Oxford...constitutional scholars are obsessed with judicial review and the many questions surrounding...whether the Constitution even authorizes judicial review. Another is whether the other ...
|
|
Important role of the judicial review; Commercial Property.(News)
The News Letter (Belfast, Northern Ireland);
April 3, 2001 ;
400 words
......Lambert Smith Hampton THE concept of judicial review of the decision of public authorities...carry out a judicial or other duty. Judicial review acts as a built-in check in the system...especially in the planning world. Judicial review has, in comparison to other forms...
|
|
Judicial review before Marbury.
Stanford Law Review;
November 1, 2005 ;
Treanor, William Michael;
787 words
......Conclusion: Neglected Evidence of Judicial Review V. SUPREME COURT CASE LAW A. National...Foundation B. Understanding the Scope of Judicial Review CONCLUSION INTRODUCTION One of the...was the original understanding of judicial review? Scholars and jurists have sharply...
|
See all results.
Or, try our
Advanced Search.
|