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Board of Education v. Pico {Board of Education, Island Trees Union Free Sch. Dist. No. 26 v. Pico, 102 S. Ct. 2799}: The First Amendment and Censorship of Books in Schools

aforementioned values in developing school policy and requiring conformity with "subjective and intangible standards of personal morality or political philosophy." Id The two judges in the majority disagreed on ... , library use cannot be restricted by the social and political tastes of school authorities.5 2 By removing books to suppress a political or social philosophy contrary to that of the board members, the board

Residency Requirements for Municipally-Financed Construction Contracts and the Dormant Commerce Power: White v. Massachusetts Council of Construction Employers {103 S. Ct. 1042}

). ,. 12. 460 U.S. 204 (1983). Justice Cardozo once stated the source of the commerce clause as follows: "The Constitution was framed under the domination of a political philosophy less parochial in range ... N.W. at 906. This rationale, however, fails to consider that states' political considerations may affect, or even guide, their actions. See Note, supra note 18, at 584. 21. 339 F. Supp. 719 (M.D. Fla

Neglected Dimensions in Low-Income Housing and Development Programs

First, this Article analyzes, from the perspective of the poor, the effect of political, economic, social and legal relationships on past and proposed subsidized housing systems. Secondly, we ... Assistant Professor, Department of Political Science, California State University at San Francisco. B.A. 1965, Harvard University; JD. 1968, Boat Hall Law School; MoC.Po 1969, Department of City and Regional

Creeping Incrementalism and Cumulative Synergism: New Jersey's Approach to Statewide and Regional Planning and Control of Development

planning to prevent sprawl and to pro The legislative findings respond to the dilemma created by the State Planning Act. On one hand, the political realities of the state make it necessary to direct ... provisions recognize the political implications of planning decisions and make the state planning process subject to the Governor's control. B. The FairHousing Act The New Jersey legislature enacted the

Polynomial-Time Axioms of Choice and Polynomial-Time Cardinality

Choice. Throughout this paper, our general philosophy is that “set” should become “language in P” and “function” should become “function in FP.” Where there are several obvious choices for how to

Lossy Kernelization of Same-Size Clustering

categorical, that is, can admit a fixed number of possible values. For example, it could be gender, blood type, or political orientation. A prominent example of categorical data is binary data, where the points

Revenue Sharing and the Lessons of the New Federalism

allowing similarly situated communities to experiment with different solutions to public problems; and (5) to encourage the development of political subsystems that allow for widespread participation.7 To ... the extent that supporters of the New Federalism espouse a consistent philosophy, these arguments in behalf of decentralization provide a relatively firm ideological base. Their arguments are most often

Equal Pay Act Upheld Under Commerce Clause: Marshall v. City of Sheboygan, 577 F.2d 1 (1978)

include all nonsupervisory personnel of the states and their political subdivisions. Justice Rehnquist, writing for a plurality of four justices, accepted as "beyond preadventure [sic]" that the commerce ... . Supp. 1159 (N.D. Ill. 1977) (upholding the EPA as applied to a political subdivision of a state under both the commerce clause and Fourteenth Amendment powers); Usery v. Bettendorf Community School Dist

Obvious Strategyproofness, Bounded Rationality and Approximation

” implementation [ 30 ] shares some of the motivations and philosophy behind OSP. The authors note that the implementation (via normal-form games) of a social choice function is more obvious if there exists a

The Political Economy of Land Use Regulation

Scholarship. For more information , please contact , USA - AND PROPERTY RIGHTS FOREWORD: THE POLITICAL ECONOMY OF LAND USE REGULATION ARTHUR T BARY I DENZA U* WEINGAST** This forward focuses on ... economic and political aspects of local land use controls. Our purpose is to bring the logic of economic markets and the economic interpretation of property right systems to bear on the problem of land use

Congressional Delegation of Environmental Regulatory Jurisdiction: Native American Control of the Reservation Environment

Indian policy which views tribes as sovereign political bodies.' In Cherokee Nation v. Georgia,9 Marshall first enumerated the trust relationship 0 between the United States and the tribes. Although ... Policy Statement explicitly recognized Indian tribes as sovereign political entities by acknowledging the enduring "government-to-government relationship between the United States and Indian tribes." Id

New Communities: In Search of Cibola—Some Legislative Trails

that may arise. 31 New community developments, however, have been criticized for being nothing more than well-planned suburbs. 2 The development plan is also a political instrument. "Success... will ... the governing jurisdictions come to terms the developer has a definitive roadmap[,] . . .the plan protects the project from meddling political gamesmen... Where public officials are more receptive to

Signs of the Times: Scarlet Letter Probation Conditions

) (although decided two years after William Anderson was overruled, the decision relied heavily on the William Anderson philosophy). 27. American Bar Association, Sentencing Alternatives and Procedures in ... , criminal justice philosophy is expanding the use of probation as an affirmative correctional device and sentence.3 8 SECTION III PROBATION STATUTES AND CONDITIONS Statutes grant courts broad discretion in

Beyond the City Limits: Regional Equity As an Emerging Issue

. 1 Simultaneously, there was a developing awareness that many growth problems transcend political boundaries and, thus, exceed the capacity of any single unit of government to develop effective ... .' These programs reflect federal recognition that effective management of urban facilities and natural resources must transcend political boundaries. For example, HUD's planning program 6 under section 701

OSH Act Hazard Communication Standard Preemption of State Right to Know Laws Under New Jersey Chamber of Commerce v. Hughey, 868 F.2d 621

facts of the case and the philosophy of the court than upon the application of precise legal principles." Id. 8. The courts have established an array of standards in preemption disputes involving the ... conscious retention of its prior preemption language, albeit in different form. Compare 29 C.F.R. § 1910.1200(a)(2) ("no state or political subdivision of a state may adopt ... any requirement relating to the

Discharge of Noncivil Service Public Employees for Political Activity: The Search for a More Equitable Test

Urban and Contemporary Law by an authoirzed administrator of Washington University Open Scholarship. For more information , please , USA DISCHARGE OF NONCIVIL SERVICE PUBLIC EMPLOYEES FOR POLITICAL

The Status of the Public Use Requirement: Post-Midkiff {Hawaii Hous. Auth. v. Midkiff, 104 S. Ct. 2321}

property when they felt a need to expand. 7 If condemnation became necessary, the only issue likely 13. See Kohl v. United States, 91 U.S. 367, 371-72 (1875) ("The right is the offspring of political ... weight but the constitutional doctrine of the Separation of Powers would be unduly restricted if an administrative agency could invoke a so-called political power so as to immunize its action against a

Inverse Condemnation Litigation in the 1990s—The Uncertain Legacy of the Supreme Court's Lucas and Yee Decisions

this theme in Lucas. The strongest statement of this philosophy is found in the following passage: "[O]ur prior takings cases evince an abiding concern for the productive use of, and economic investment ... 47 Indeed, one of Justice Stevens' most persuasive criticisms of the majority opinion in Lucas focuses on this omission. 14 8 The Lucas majority's philosophy on this point evinces a more utilitarian

Ballot Box Zoning: Initiative, Referendum and the Law

result of an exposition of political ideas. The two countries shared ideas and influenced each other in the formation of their new governments.' 1. E. OBERHOLTZER, REFERENDUM IN AMERICA (1912). One of the ... , a prominent progressive leader, argued that initiative and referendum were needed to protect the general populace from the "allied forces of organized wealth and political corruption."'14 LaFollette