The distinction between legislative and adjudicative decisions

Article Abstract:

Author's Abstract: In Dolan v. City of Tigard, the Supreme Court announced a new heightened scrutiny standard for exactions, holding that the exaction must be roughly proportional to the harm the development causes. The Court proceeded to limit the application of the "rough proportionality" standard to adjudicative, and not legislative, land use decisions, reasoning that the risks of municipal "extortion" is much greater in the adjudicative context. In this Note, Inna Reznik surveys the lower courts applying Dolan and finds that there is much confusion over the legislative/adjudicative distinction. She argues that it is difficult to draw a line between legislative and adjudicate land use decisions, and that the distinction does not solve the extortion problem, which is just a likely to occur in the legislative context. Looking to the scholarship of Carol Rose and Vicki Been, the Note concludes that the Court should develop a new exaction standard that identifies those situations with the potential for government overreaching, specifically those in which the landowner has not had the opportunity of voice or exit.

Oregon, Cases, Eminent domain (Law), Case Note

---

Tom Stoddard: civil libertarian

Article Abstract:

Thomas B. Stoddard was best known as an advocate for gay rights and a civil libertarian. He served as head of the Lambda Legal Defense Fund and as legislative counsel for the New York Civil Liberties Union. He was also a professor at New York University's School of Law. As a civil libertarian and gay rights advocate, Stoddard became involved in public health issues as a result of the AIDS epidemic and was instrumental in fashioning a conception of public health that is sensitive to civil rights.

Political aspects, Public health, Gay liberation movement, Gay rights movement, Stoddard, Thomas B.

---

Memorial essays: Professor Lawrence P. King

Article Abstract:

Testimonials to New York University Law School Professor Lawrence P. King and his contributions to bankruptcy law are presented.

Officials and employees, Bankruptcy law, King, Lawrence P., New York University. School of Law

Similar abstracts:

• Abstracts: The relationship between outcomes in collective bargaining and teachers' decisional participation state
• Abstracts: The fault lines between primary liability and aiding and abetting claims under Rule 10b-5. Some procedural defenses for foreign defendants in American securities litigation
• Abstracts: The use of delaying tactics to obtain submarine patents and amend around a patent that a competitor has designed around

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.