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Abstract: Law schools no longer teach logic. In the authors' view this is tragic, given that the fundamental principles of logic continue to undergird the law and guide the thinking of judges. In an effort to reverse the trend, this essay explains the core principles of logic and how they apply in the law school classroom. The manuscript begins by examining the basics of the deductive syllogisms and then turns to inductive generalizations and the uses and abuses of analogies. The authors claim that students who master the basics of logic laid out in this article will be better lawyers and will feel more comfortable when they find themselves presenting arguments to judges and juries.
Logic, legal education, syllogism, deductive reasoning, inductive reasoning, reasoning, legal analysis
Abstract: A heated debate has emerged among legal academics over the continued appropriateness of using cost-benefit analysis (CBA) as a decisionmaking tool in federal administrative agencies. Environmentalists and other progressive thinkers argue that regulators should abandon CBA in favor of more holistic procedures. In response, this manuscript provides three original defenses of cost-benefit analysis and hopes to show that CBA advances basic tenets of the environmental movement. Specifically, this Note argues that cost-benefit analysis 1) promotes thoughtful deliberation, 2) protects the dignity of those in contested policy debates, and, 3) improves the standing of environmental groups in the eyes of the public.
cost-benefit analysis, environmental law
Abstract: Holographic wills - wills that are handwritten and unwitnessed - are traditionally thought of as a risky, do it yourself brand of estate planning. In the author's view, this is wrong. Using two years' of probate records from Pittsburgh, Pennsylvania, this Article demonstrates that holographs are an indispensable tool for testators who are either unwilling or unable to commission a traditional will. Homemade testaments provide a low-cost alternative to intestacy, improve the overall quantity of will-making, function as a safety-net for testators who fall suddenly ill, and rarely result in litigation. The triumph of holographic wills also suggests, strongly, that state legislatures should consider reducing the number of requirements necessary to create a formal, attorney-authored will.
Holographic Wills, Trusts & Estates, Homemade Wills, Testation, Formalism, Attestation
Abstract: Using data from New Haven, Connecticut, this study attempts to examine empirically whether churches face discrimination in the zoning context. Specifically, in this paper I scrutinize local government records to determine whether religious institutions are treated fairly in the zoning appeals process. This study contributes to the ongoing discussion over the regulation of religious land uses by answering two questions. First, to what extent does the Board of Zoning Appeals treat churches differently from secular applicants? Second, are there disparities between the fates of small religious sects and mainstream denominations in applications for zoning exemptions? My research casts some doubts upon the dominant narrative, which suggests churches have been routinely victimized by local zoning boards.
property, land use, zoning, church, local government
Abstract: This paper seeks to forge a richer understanding of the costs and benefits of zoning. To accomplish its goal, this piece undertakes a small-scale, block-by-block examination of New Haven, Connecticut before the advent of modern zoning systems. This Note quantitatively demonstrates the serious tradeoffs between government regulation and strong private property rights, and concludes that previous studies of New Haven have oversimplified the knotty problems posed by land use regulation.
zoning, land-use, property
Abstract: This Article is an attempt to better understand and address the feeble rate of self-employment in African-American neighborhoods. My animating thesis is that black business lags, at least in part, because commentators have overlooked a key constraint on African-American entrepreneurship: land use regulation. In both the legal academy and in the halls of government, scholars have failed to understand how land use rules restrict commercial development in minority communities. More specifically, the literature has never acknowledged that zoning - the process of dividing an entire municipality into districts and designating permitted uses for each area - sharply limits the formation and expansion of entrepreneurship in black neighborhoods. Drawing on both sociological and empirical evidence, this paper begins by providing a brief recap of the importance of entrepreneurship in black places. The Article then contends that land use fees, municipal zoning board decisions, and the general insistence on separating residential from commercial uses all impress unique and disproportionate harms on African-American merchants, making it difficult to find affordable business space in suitable locations. The final section of the manuscript lays out a policy proposal that could spark a revival of inner-city entrepreneurship. I argue, in short, that transferring government-owned abandoned buildings to fledgling entrepreneurs would provide black merchants the space they need, without raising the ire of local homeowners.
zoning, land-use, business, vacant buildings, entrepreneurship, property
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