Land of opportunity; can property owners sue over a city's regulatory decision?
Article Abstract:
The first case the Supreme Court will hear in its 1998-99 term is City of Monterey v. Del Monte Dunes, in which the city is challenging a damages verdict for a developer who was blocked from building on a strip of coastal property. The justices will rule on whether a denial of a building permit to landowners merits a jury trial and, if so, whether the permit is reasonable. Should the court answer both questions with yes, it would revolutionize land-use law, tilting it in favor of development. Local governments would face a large liability for a taking with each review of a development proposal.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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Combustible cases; will a car crash ruling lead to recognition of gay marriage?
Article Abstract:
The Supreme Court's ruling in Baker v. General Motors that there is no public policy exception to the Constitution's full faith and credit clause and but some gay rights advocates feel the battle over same-sex marriage will lean their way after Baker. If the Hawaii legislature, as expected rules that same-sex marriage is legal in that state, the full faith and credit issue becomes important as it means that same-sex marriage might also legal in the other 49.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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Tell it to the grand jury: Whitewater special prosecutor forges full steam ahead with privilege battles
Article Abstract:
Special prosecutor Kenneth Starr's probe into President Clinton's relationship with Monica Lewinsky has focused debate on the breadth and meaning of legal privileges. The President initiated court battles to clarify his executive privilege regarding top aides' testimony to a grand jury. Also, the Secret Service was swept into the debate when Starr called Secret Service agents to appear before the grand jury.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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- Abstracts: Lawyers target poor security; juries punish property owners for crimes on their premises. Punish after acquittal? Yes!
- Abstracts: The EU for Brazil: a partner towards a 'fairer' globalization? The European union in the eyes of others: towards filling a gap in the literature
- Abstracts: Repeal Employment Act. Yes: prosecutors must not act as legislators. Combined plan limit repeal; both employers and employees who participate in tax-qualified retirement plans can benefit from change in tax code
- Abstracts: Speaking of a moot suit: procedure lesson accompanies rejection of English-only law case. Spuds spur veto fight: plaintiffs charge Line Item Veto Act violates separation of powers
- Abstracts: Buyers should look out for IRS estate tax liens; property formerly owned by an estate may have a 'hidden' lien