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The New State Zoning: Land Use Preemption amid a Housing Crisis
Get PDFCommentators have long decried the pernicious effects that overly restrictive land use regulations, which stifle new development, have on housing supply and affordability, regional and national economic growth, social mobility, and racial integration. The fragmented nature of zoning rules in the United States, which are set primarily at the local level, renders it seemingly impossible to address these concerns systematically. While there have been some efforts to address local exclusionary tendencies and their suboptimal effects by means of greater state control, these efforts, which remain contentious, have been limited to just a few states./= / \u3e/= / \u3eIn the past few years a new wave of state interventions in local zoning has appeared. These interventions are motivated in part by the harsh reality of housing shortages and skyrocketing costs in significant parts of the country, which have made housing affordability a salient issue for a broader segment of the population. At the same time, states have grown increasingly willing to preempt local governments across a range of policy realms./= / \u3e/= / \u3eThis Article contends that the confluence of these and other factors suggests the potential for a recalibration of the balance of power between state and local governments in the realms of housing and land use regulation. State governments are increasingly displacing local restrictions on new development, mandating that municipalities permit certain forms of housing, and providing incentives for local governments to adopt certain forms of housing. I argue that the current housing crisis justifies bold new forms of state intervention. Such interventions should expressly preempt narrow elements of local law, rather than, as an earlier generation of interventions did, adding additional planning requirements, procedural steps, or potential appeals. At the same time, these interventions can and should provide clear mechanisms for addressing significant countervailing local interests
The Public\u27s Unmet Need for Legal Services & What Law Schools Can Do About It
No full textCivil legal services in the United States are increasingly unaffordable and inaccessible. Although the causes are complex, law schools can help in three ways beyond simply offering free legal clinics staffed by lawyers and students. Law schools can teach the next generation of lawyers more efficient and less expensive ways to deliver legal services, ensure that educational debt does not preclude lawyers from serving people of modest means, and conduct and disseminate research on alternative models for delivering legal services. These strategies will not solve all of the problems that exist, but they hold the promise of meaningfully improving the affordability and accessibility of civil legal services. This essay appears in a special issue of Daedalus on Access to Justice, which “features twenty-four essays that examine the national crisis in civil legal services facing poor and low-income Americans.
Criminal Law - Prosecutorial Mistake Results in Sexual Assault Retrial - Commonwealth v. Angel Luis Alvarez, 103 N.E.3D 1202 (Mass. 2018)
Get PDFCAS Honors Symposium Program, Spring 2019
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Straight Past Go and Collect $200: A Look into the Clayton Act and Vertical Mergers within Corporate America
Get PDFContract Law/Property Law - Just Text the Contract over - St. John\u27s Holdings, LLC v. Two Elecs., No. 16 MISC 000090 RBF, 2016 WL 6191911 (Mass. Land Ct. Oct. 24, 2016)
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Police and Higher Education: A Necessity or Just a Desire?
Get PDFA key issue related to the criminal justice system is if a college education makes a significant impact on an officer’s decision making, perception of their job, and desirability by police departments. Little research has been done on police departments in Massachusetts, so interviews were conducted with three high-ranking police officers in Massachusetts. They were selected using a convenience sample and the results were compared to the results of scholarly journal articles. Only some of the interviews and articles show that police officers with a college degree use force less often, they were inconsistent regarding a college educated officer’s job perception, and their desirability by police departments is questionable. The study is limited due to the use of a convenience sample. Future research should look at police officers and higher education on a nationwide scale