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14 Cards in this Set
- Front
- Back
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1st amendment |
congress shall make no law...abridging the freedom of speech or of the press,or of the right of people to peacefully assemble, and to petition govt for redress of grievances |
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Religious Freedom Restoration Act |
congress enacted in 1993 required any regulation impacting religion be justified by a compelling government interest supreme court invalidated it in 1997 |
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Religious Land Use and Institutionalized Persons Act |
congress enacted in 2000 prohibits govt from taking action that will create a substantial burden of the right of individual to exercise religion freely, without a showing that the action is the "least restrictive means" of furthering "a compelling govt interest" ONLY applies when "substantial burden imposed" 1. in connection w/ fed-funded activity 2. burden affects interstate commerce 3. w/respect to LU decisions where govt makes "individualized assessments regarding property involved |
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14th amendment |
no state or local govt shall deny to any person within its jurisdiction the equal protection of the laws const. law: similar treatment of person's similarly situated |
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14th equal protection vs 14th due process |
due process issues generally supersede equal protection issues in both state and fed courts
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uniformity rule |
a regulation must conform to one rule, mode or unvarying standard; -regulations in a city must be uniformly applied throughout a city -regulations in zoning district must be uniformly applied throughout a district |
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14th equal protection: judicial review |
courts consider social/economic legislation a legitimate govt activity -this requirement limits review to rational basis test, which is easy to pass |
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equal protection: judicial tests |
rational basis- must prove discriminatory intent strict scrutiny/balancing-evidence of govt intent to discriminate needed to obtain stricter scrutiny suspect classification- race, ethnicity |
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equal protection: standing |
1. but for causation- specific concrete facts proving harm to plaintiffs 2. plantiffs must also show the possibility of redress to them by court intervention both must be met to have standing |
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equal protection standing examples: |
persons with an interest(financial) in the property that is the subject of the dispute neighbors citizens associations local govts owner of property specific employee unable to find housing near work |
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equal protection denial of standing examples: |
non-site specific injury advocacy organization seek fair land use issues contract vendees of owner property subject |
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exclusionary zoning |
laws that intentionally or effectively exclude certain groups ex. minimum lot size- increases $ minimum floor space (house size)- increase $ familial status and occupancy single family only no manufactured housing/mobile homes |
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exclusionary zoning historic efforts |
civil rights act 1964 federal fair housing act/amendment 68' 74' 88' Americans with disabilities act 90' State fair housing acts: NJ, MA, CA, FL, CN, RI |
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local remedies for exclusionary zoning |
inclusionary housing programs on and off site asides- private controls fair share requirement(required construction for any or certain permit approval) linkage fees- housing trust fund fees may be in lieu of fair share requirement density bonuses (optional incentive) |
