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All Volumes | Volume 87 | Issue 2

Of Backyard Chickens and Front Yard Gardens: The Conflict Between Local Governments and Locavores

Sarah B. Schindler | Article

“Locavores” aim to source their food locally. Many locavores are also more broadly concerned with living sustainably and decreasing reliance on industrial agriculture. As more people have joined the locavore movement, including many who reside in urban and suburban areas, conflict has emerged between the locavores’ desires to use their private property to produce food—for personal use and for sale—and municipal zoning ordinances that seek to separate agriculture from residential uses. In this Article, I consider the evolution of this conflict and its implications for our systems of land use, local government, and environmental law. Specifically, I investigate the police [...]

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Localism and Involuntary Annexation: Reconsidering Approaches to New Regionalism

Christopher J. Tyson | Article

“Involuntary” annexation—the ability of cities to expand their territory unilaterally by extending their boundaries—is one of the most controversial devices in land use law. It is under attack in virtually every state where it exists. Involuntary annexation is a direct threat to “localism,” the belief in small, autonomous units of government as the optimum forum for expressing democratic freedom, fostering community, and organizing local government. Localism has been justifiably faulted with spurring metropolitan fragmentation and the attendant challenges it creates for regional governance. This critique is at the center of “New Regionalism,” a movement of scholars and policy makers focused [...]

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Beyond Law Enforcement: Camreta v. Greene, Child Protection Investigations, and the Need To Reform the Fourth Amendment Special Needs Doctrine

Josh Gupta-Kagan | Article

The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other special need, excusing non-law-enforcement searches and seizures from the warrant and probable cause requirements.  The United States Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not around those that threaten important noncriminal constitutional rights.

Child protection investigations illustrate the problem:  millions of times each year, state child protection authorities search families’ homes and seize children for interviews about alleged maltreatment.  Only a minority of these investigations [...]

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Darling Divas or Damaged Daughters? The Dark Side of Child Beauty Pageants and an Administrative Law Solution

Lucy Wolfe | Comment

Ever since TLC first aired the popular television show Toddler and Tiaras in 2009, the network has brought international scrutiny to this country’s child pageant industry. Viewers of all ages have been captivated to watch as a variety of colorful pageant parents (mostly moms) try to transform their young children (mostly girls) into pageant princesses, teaching them to dance on stage in tiny, sequined outfits, pumping them full of sugar and energy drinks, and adorning them with spray tans, fake hairpieces, and plenty of makeup.

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      • Volume 87
        • Issue 1
        • Issue 2
        • Issue 3
      • Volume 86
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
      • Volume 85
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 84
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6

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