Preemption of Local Land Use Authority in California
Author:
Publisher:
Published: 1989
Total Pages: 48
ISBN-13:
DOWNLOAD EBOOKRead and Download eBook Full
Author:
Publisher:
Published: 1989
Total Pages: 48
ISBN-13:
DOWNLOAD EBOOKAuthor: James T. O'Reilly
Publisher: American Bar Association
Published: 2006
Total Pages: 252
ISBN-13: 9781590317440
DOWNLOAD EBOOKPreemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: Daniel J. Curtin
Publisher:
Published: 2011
Total Pages: 760
ISBN-13:
DOWNLOAD EBOOKAuthor: Daniel J. Curtin
Publisher:
Published: 1997
Total Pages: 314
ISBN-13: 9780923956479
DOWNLOAD EBOOKAuthor: Sonia A. Hirt
Publisher: Cornell University Press
Published: 2015-02-24
Total Pages: 258
ISBN-13: 0801454700
DOWNLOAD EBOOKWhy are American cities, suburbs, and towns so distinct? Compared to European cities, those in the United States are characterized by lower densities and greater distances; neat, geometric layouts; an abundance of green space; a greater level of social segregation reflected in space; and—perhaps most noticeably—a greater share of individual, single-family detached housing. In Zoned in the USA, Sonia A. Hirt argues that zoning laws are among the important but understudied reasons for the cross-continental differences.Hirt shows that rather than being imported from Europe, U.S. municipal zoning law was in fact an institution that quickly developed its own, distinctly American profile. A distinct spatial culture of individualism—founded on an ideal of separate, single-family residences apart from the dirt and turmoil of industrial and agricultural production—has driven much of municipal regulation, defined land-use, and, ultimately, shaped American life. Hirt explores municipal zoning from a comparative and international perspective, drawing on archival resources and contemporary land-use laws from England, Germany, France, Australia, Russia, Canada, and Japan to challenge assumptions about American cities and the laws that guide them.
Author: James Longtin
Publisher:
Published: 1987
Total Pages: 708
ISBN-13:
DOWNLOAD EBOOKAuthor: Daniel J. Curtin, Jr.
Publisher:
Published: 2001
Total Pages: 452
ISBN-13:
DOWNLOAD EBOOKAuthor: California (State).
Publisher:
Published:
Total Pages: 54
ISBN-13:
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Publisher:
Published: 1991
Total Pages: 792
ISBN-13:
DOWNLOAD EBOOKAuthor: William W. Buzbee
Publisher: Cambridge University Press
Published: 2008-12-15
Total Pages: 337
ISBN-13: 1139474812
DOWNLOAD EBOOKThis book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.