The Zoning Of America

Author: Michael Allan Wolf
Publisher: Univ Pr of Kansas
ISBN:
Size: 73.87 MB
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The Zoning Of America. When the Cleveland suburb of Euclid first zoned its land in 1922, the Ambler Realty Company was left with a sizable tract it could no longer sell for industrial use--and so the company sued. What emerged was the seminal zoning case in American history, pitting reformers against private property advocates in the Supreme Court and raising the question of whether a municipality could deny property owners the right to use their land however they chose. Reconstructing the case that made zoning a central element in urban planning for cities and towns throughout America, Michael Allan Wolf provides the first book-length study of the Supreme Court's landmark Euclid v. Ambler decision. Wolf describes how the ordinance, and the defense of it, burst onto the national stage and became the focus of litigation before moving all the way to the nation's highest court. He subsequently reveals how and why Justice George Sutherland broke from the Court's conservative bloc to support the urban reform movement eager to protect residential neighborhoods from disturbances created by rapidly expanding commercial, industrial, or multifamily uses of land. Following that decision, America saw the rapid proliferation of zoning ordinances, which greatly increased the power of local government to control and rationalize urban planning. As Wolf attests, many of today's environmental and land use laws might not have been deemed legal had Euclid v. Ambler been decided differently. But he also points out the potential dangers that emerged from the decision, such as its anticompetitive impact on the real estate market, its catalyzing effect on suburban sprawl, and its establishment of a legal basis for excluding minoritygroups from neighborhoods. Wolf's compelling account makes it clear that Euclid v. Ambler fundamentally altered how we think about the urban landscape, changed the way our cities and suburbs are organized, and left a long shadow over subsequent cases such as the controversial Supreme Court decision in Kelo v. New London (2005).

Religion And Politics In America An Encyclopedia Of Church And State In American Life 2 Volumes

Author: Frank J. Smith
Publisher: ABC-CLIO
ISBN: 1598844369
Size: 56.39 MB
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Religion And Politics In America An Encyclopedia Of Church And State In American Life 2 Volumes . There has always been an intricate relationship between religion and politics. This encyclopedia provides a comprehensive overview of the interrelation of religion and politics from colonial days to the present. • Enables readers to understand why religion and politics are necessarily interrelated • Demonstrates how today's heated controversies about the delicate balance between religious beliefs and government policies in America are not new but have existed since the foundation of the nation • Represents an ideal resource for students writing position papers regarding the separation of church and state (or lack of)

Capital Punishment On Trial

Author: David M. Oshinsky
Publisher: Univ Pr of Kansas
ISBN:
Size: 56.37 MB
Format: PDF, Kindle
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Capital Punishment On Trial. In his first book since the Pulitzer Prize--winning Polio: An American Story, renowned historian David Oshinsky takes a new and closer look at the Supreme Court's controversial and much-debated stances on capital punishment--in the landmark case of Furman v. Georgia. Career criminal William Furman shot and killed a homeowner during a 1967 burglary in Savannah, Georgia. Because it was a "black-on-white" crime in the racially troubled South, it also was an open-and-shut case. The trial took less than a day, and the nearly all-white jury rendered a death sentence. Aided by the NAACP's Legal Defense Fund, Furman's African-American attorney, Bobby Mayfield, doggedly appealed the verdict all the way to the U.S. Supreme Court, which in 1972 overturned Furman's sentence by a narrow 5--4 vote, ruling that Georgia's capital punishment statute, and by implication all other state death-penalty laws, was so arbitrary and capricious as to violate the Eighth Amendment's prohibition against "cruel and unusual punishment." Furman effectively, if temporarily, halted capital punishment in the United States. Every death row inmate across the nation was resentenced to life in prison. The decision, however, did not rule the death penalty per se to be unconstitutional; rather, it struck down the laws that currently governed its application, leaving the states free to devise new ones that the Court might find acceptable. And this is exactly what happened. In the coming years, the Supreme Court would uphold an avalanche of state legislation endorsing the death penalty. Capital punishment would return stronger than ever, with many more defendants sentenced to death and eventually executed. Oshinsky demonstrates the troubling roles played by race and class and region in capital punishment. And he concludes by considering the most recent Supreme Court death-penalty cases involving minors and the mentally ill, as well as the impact of international opinion. Compact and engaging, Oshinsky's masterful study reflects a gift for empathy, an eye for the telling anecdote and portrait, and a talent for clarifying the complex and often confusing legal issues surrounding capital punishment.

The Sodomy Cases

Author: David A. J. Richards
Publisher: Univ Pr of Kansas
ISBN:
Size: 54.92 MB
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The Sodomy Cases. For America's gay community, the question of rights is often reduced to the issue of privacy. Until very recently, even though this right has been upheld by the Supreme Court in landmark cases relating to contraception and abortion, the issue of "nonprocreational sex" continued to trigger a double standard for gay men. Now David Richards, a leading legal scholar who is himself gay, shows how two other landmark cases nearly twenty years apart shed light on America's evolving views of privacy. The Supreme Court's decision in Bowers v. Hardwick (1986) stemmed from a 1982 gay-sex arrest in an Atlanta home under a Georgia law that criminalized sodomy--a case not originally prosecuted, but then pursued in court to challenge the statute's constitutionality. Lawrence v. Texas (2003) followed a similar arrest in 1998 in Houston, where Texas law also criminalized sodomy--but only when practiced by members of the same sex. Richards views these cases as the nadir and apogee of the gay community's efforts to fight discrimination through the courts. In Bowers, the Supreme Court ruled that there was no constitutional protection for sodomy and that states could outlaw those practices. But in Lawrence, the Court overturned the Texas law--and the Bowers decision as well--because it denied due process protection to consenting adults whose sexual practices were conducted in private. Justice Kennedy's majority opinion reaffirmed a constitutionally protected right to privacy that prevented the government from regulating intimate behavior. Tracing the Court's deliberations, Richards shows how Lawrence unambiguously establishes that the right to a private life is an innately human right and that ourconstitutional right to privacy rests on the moral bedrock of equal protection. He shifts gracefully from the law to literature, and from the Courts to the wider culture, to offer a brilliant analysis of the relevant arguments, going beneath their surface to link them to the emotional and moral foundations of the controversies raging around these decisions. Both of these cases show a Supreme Court ready to take seriously the idea that homosexuals have human rights--and that these rights are the basis of judicially enforceable constitutional rights. In describing these challenges to public prejudice, Richards's book offers students and general readers new insight into the practice and theory of constitutional law.

Roe V Wade

Author: N. E. H. Hull
Publisher: Univ Pr of Kansas
ISBN:
Size: 71.79 MB
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Roe V Wade.

Land Use And Society Revised Edition

Author: Rutherford H. Platt
Publisher: Island Press
ISBN: 1559636858
Size: 17.38 MB
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Land Use And Society Revised Edition. Land Use and Society is a unique and compelling exploration of interactions among law, geography, history, and culture and their joint influence on the evolution of land use and urban form in the United States. Originally published in 1996, this completely revised, expanded, and updated edition retains the strengths of the earlier version while introducing a host of new topics and insights on the twenty-first century metropolis. This new edition of Land Use and Society devotes greater attention to urban land use and related social issues with two new chapters tracing American city and metropolitan change over the twentieth century. More emphasis is given to social justice and the environmental movement and their respective roles in shaping land use and policy in recent decades. This edition of Land Use and Society by Rutherford H. Platt is updated to reflect the 2000 Census, the most recent Supreme Court decisions, and various topics of current interest such as affordable housing, protecting urban water supplies, urban biodiversity, and "ecological cities." It also includes an updated conclusion that summarizes some positive and negative outcomes of urban land policies to date.

The Evolution Of American Urban Society

Author: Howard P. Chudacoff
Publisher: Routledge
ISBN: 1315511045
Size: 74.77 MB
Format: PDF, ePub, Docs
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The Evolution Of American Urban Society. This interesting and informative book shows how different groups of urban residents with different social, economic, and political power cope with the urban environment, struggle to make a living, participate in communal institutions, and influence the direction of cities and urban life. An absorbing book, The Evolution of American Urban Society surveys the dynamics of American urbanization from the sixteenth century to the present, skillfully blending historical perspectives on society, economics, politics, and policy, and focusing on the ways in which diverse peoples have inhabited and interacted in cities. Key topics: Broad coverage includes: the Colonial Age, commercialization and urban expansion, life in the walking city, industrialization, newcomers, city politics, the social and physical environment, the 1920s and 1930s, the growth of suburbanization, and the future of modern cities. Market: An interesting and necessary read for anyone involved in urban sociology, including urban planners, city managers, and those in the urban political arena.