prevalence of exclusionaryzoning. This article focuses narrowly on exclusionaryzoning because it is a widespread practice that has a deep historical connection to residential racial and ethnic segregation. Clearly, states will need to develop strategies for addressing other fair housing challenges, as well. Second, despite requiring statutory changes, they must be based on proven policies from other states. Third, their adoption must move the discourse surrounding land use regulation in a direction where a more dramatic rethinking of the state’s role is possible. A handful of states have pursued policies that satisfy these criteria to varying extents. 9 California, Connecticut, Mas-
elasticity of demand of -1. As will be evident in the simulations, housing price elasticity plays an important role in how the housing tax code affects the incentive to adopt exclusionaryzoning. We examine a range of elasticities from -.7 to -1.3. The last parameters we must select are in the residential land supply function. Here we examine a range from perfectly elastic supply to steeply upward sloping. Note that, although we must choose values for the multiplicative (or additive in the case of the amenity production function) parameters, we do not consider a range for these parameters. These parameters are essentially scale parameters, but scale in this model–such as rent per square foot or square mile, or number of people in the community–is essentially arbitrary and so we do not focus on these parameters. 16
The reality is that the middle and upper classes can typically opt to surround themselves with neighbors who reflect their own race, social class, status, and background (Meyers 2002, 350). It is not meant to imply that zoning is the only governmental device used for exclusion but prohibiting exclusionaryzoning would enable more minorities and low-income people to live in suburban areas. Exclusionaryzoning is only one facet, although an important one, of a very complex occurrence in which much research as well as judicial and legislative action is needed (Brooks 1970, 3). Proponents (some suburban political representatives and residents) may argue that this is not exclusionaryzoning, but a tool used in planning to sustain social, economical, and cultural authenticity within a given community. Suburban residents are willing to take extreme measures, including spending large sums of their own money, to keep the disadvantaged at bay, or to make them forbidden neighbors (Meyers 2002, 350).
35. The three theories of liability described in the rest of this paragraph are available in all FHA cases, not just those involving exclusionary-zoning claims. There is, however, a distinction between these land-use cases and all others under the FHA, at least insofar as HUD’s authority is concerned. This is because Congress’s 1988 amendments to the FHA, while mandating that the agency issue general FHA regulations, see Implementation of the Fair Housing Amendments Act of 1988, 54 Fed. Reg. 3,231, 3,234 (Jan. 23, 1989), also required HUD to defer to the Justice Department in handling exclusionary-zoning complaints. See 42 U.S.C. § 3610(g)(2)(C) (2012) (barring HUD from issuing a charge in any FHA administrative complaint that “involves the legality of any State or local zoning or other land use law or ordinance” and requiring that HUD “immediately refer [such] matter to the Attorney General for appropriate action under [§ 3614(b)(1)]”); see also 24 C.F.R. § 103.400(a)(3) (2019) (setting forth HUD’s procedures for complying with this provision). As a result, HUD’s FHA regulations have generally shied away from making substantive pronouncements about this type of FHA case.
(i) The Appellant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence. Note: to meet this prong of the Use Variance standard, you must show that the property in question cannot be sold or leased for any permitted use. This showing should be done by demonstrating that an active effort was made to sell or rent the property for each and every permitted use under the zoning regulations. Evidence demonstrating an active effort includes evidence that a realtor was contacted and the property was shown to potential buyers or lessees without success. Additionally, lack of reasonable return may be proven by, among other things: amount paid for the property, the present value of the property, expenses for maintenance, amount of taxes paid, mortgages, income from the land and other relevant factors.
An automated zoning procedure has been adopted for the creation of 2001 Census OAs in England, Wales and Northern Ireland. Scotland has a rather different trajectory, and will be creating its own OAs using an alternative methodology, designed to maximise compatibility with those used there in 1991, based on their membership of higher level areal units. 2001 OAs are being designed by the Census Offices after enumeration, coding and ‘one number census’ imputation are complete (ONS/GROS/NISRA, 1999), and represent a completely new subdivision of the country, separate from the ED-based collection geography. The use of EDs for output in previous censuses has a number of weaknesses, including wide variations in
my student might be described by Vavrus and Cole (2002) as a disciplinary moment. They noted that these sorts of events are often preceded by a series of disruptive events where one is ultimately singled out by the teacher. Disruptive events in the classroom have proven to contribute to disparities in exclusionary discipline. Smolkowski et al. (2016) highlighted that within office discipline referral (ODR) data that Black students receive significantly more ODRs for behaviors like defiance and disrespect than their White peers. Identifying these behaviors involves discretionary decision points for teachers, and these decisions are likely to be culturally informed. Colloquially, we might say that defiance and disrespect exist in the eye of the beholder. In the case of the student in my class, I never made an ODR and the student never received any formal consequence, other than being called out in front of his peers. Nonetheless, the situation illuminates a number of issues including the role of implicit bias and the social constructs that establish the norms for respect and what it means to defy a teacher.
technologies into the public domain. During the term of a patent, permission to practice can be provided by the patentee through mechanisms like selective patent waiver or promises to forbear, and extended through practices like defensive patenting. The patentee may also put the invention in the public domain through patent non-renewal. Embracing diffusion does not require rejecting exclusion. In fact, in each of the primary mechanisms of patent diffusion, the right to exclude plays an important role. For example, to the extent that patent exclusivities motivate the disclosure of useful information, 198 they are needed to have something to diffuse in the first place. In the case of technology transfer from a patentee to a commercializer of the patentee’s technology, the patentee’s rights to exclude can be vital to her willingness to engage in discussions with a potential partner, 199 who may in turn only be interested in an exclusive license. And defensive patenting to enable freedom to operate depends critically on the patentee’s ability to retaliate if attacked. Certainly, diffusionary and exclusionary priorities can be at odds, for example, when patentees forbear from patenting due to the secrets they must reveal. 200 But in many cases, the exclusive right against the world that patents confer is more than what a patentee needs or wants.
Over the decades since the exclusionary rule has been in effect, there have been many arguments both defending it and attacking it. This Section addresses in more detail some of the primary arguments supporting the proposition that courts should exclude evidence that is illegally obtained. As discussed in the previous Section, by far the primary justification for the exclusionary rule is that it is the only effective way to deter police misconduct. The Supreme Court has also, however, offered judicial integrity as another ground for the exclusionary rule. 206 By doing so, it was following Justice Louis Brandeis’s earlier
ABSTRACT: Studies on zoning and micro- zoning have been considered as a very important stage within conclusive planning of risk management and loss reduction and potential damages from earthquake in areas which are more prone to earthquake as long as four decades. Regarding the importance of the earthquake issue in Iran and its risks, all cities are required to perform a study on zoning and micro- zoning to countermeasure about earthquake risks and damages. It allows us to identify more prone zones. Site response analysis is considered as one of basics of studies on seismic geotechnical zoning and micro- zoning which is performed using geology, geophysics, and geotechnical researches in the form of determining site properties. The site conditions vary because of thickness and property changes of soil layers, bedrock depth and water table. It also drastically affects earthquake characteristics on the earth.
The US Department of Justice alleged that Microsoft designed its pricing policy “to deter OEMs from entering into licensing agreements with competing operating system providers”, thereby reinforcing the entry barriers raised by the network eects that are inherent in this industry. In particular, the use of two-part taris, with high ﬁxed fees and zero per-copy price, is considered strongly anti-competitive. Interestingly, though, the Final Judgment explicitly allows Microsoft to continue granting “volume discounts” (i.e. rebates), as long as Microsoft would use linear prices rather than two-part tari s. It is not clear why two-part pricing and quantity discounts are treated dierently, because our paper suggests that both types of pricing schemes can be exclusionary.
Armstrong (2006) points out that: “Unless they act to tip the industry to monopoly, positive cross- group externalities act to intensify competition and reduce platform proﬁt”. Rysman (2009) similarly points out that presence of network effects tends to affect in such a way that two-sided markets are likely to tip toward a single dominant platform. Of course, it may be that monopoly platform is more desired than few competing platforms, when social welfare is considered, but then careful consideration should be given at how some platform has been able to reach such position. In this sense, it would be valuable in this chapter to consider exclusionary practices which are practices exercised to deter entry of rivals or forcing them to exit. Motta (2004) divides exclusionary practices to pricing and non-pricing strategies. As non-pricing strategies he mentions over-investment, tying, bundling, incompatibility choices, exclusive dealing and refusal to supply. Predatory pricing is “pricing strategy” of exclusionary practices.