How to Avoid a “Holy War”—Dealing With Potential RLUIPA Claims
نویسنده
چکیده
Constitution. UNDERSTANDING RLUIPA CLAIMS: THE LEGAL, POLITICAL, AND SOCIAL LANDSCAPE Local government officials need to understand that the “landscape” they will have to navigate when seeking to avoid a RLUIPA claim has legal, political, and social dimensions. Legally, RLUIPA claims occupy a middle ground between challenges to land use regulations in which government is presumed to have acted lawfully and challenges in which government does not have the benefit of that presumption. Most land use regulation disputes involve either: (a) plans by a property owner or developer to intensify the use of a given property which the city and/or neighbors oppose, or (b) efforts by the city or neighbors to impose additional restrictions on the use of a given property, which the owner or developer opposes. Because such disputes normally involve “economic rights,” local government regulatory actions are presumed to be constitutional and parties challenging the government action, typically under the taking, due process, or equal protection clauses of the state or federal constitution, must overcome that presumption. A less common type of dispute involves challenges to land use regulations based on a claim that they intrude impermissibly on rights guaranteed under the First and 14th amendments of the Constitution, such as freedom of speech or religion. Typically, these disputes arise when the government seeks to regulate signs and billboards, adult entertainment businesses, or religious institutions. In these cases, government does not receive the benefit of a presumption that its regulations are constitutional. RLUIPA claims occupy a legal position in between these two types of disputes. With one significant exception, once a plaintiff produces prima facie How to Avoid a “Holy War”—Dealing With Potential RLUIPA Claims
منابع مشابه
The Supreme Court's "Prisoner Dilemma:" How Johnson, RLUIPA, and Cutter Re-Defined Inmate Constitutional Claims
متن کامل
A Critical Study of the Orientalists` Views on the Part of Holy War in Spreading Islam during Prophet`s Lifetime
Rapid spread of Islam in Prophet`s lifetime has attracted the attention of scholars, in particular, that of orientalists. They know the spread of Islam due to numerous agents; yet they know holy war as the main. This paper has presented a classification of orientalists in brief at first and, then, assessed and criticized the view claiming holy war as the main agent. Finally, it deals with the t...
متن کاملA Survey on the Doubt in Primary Holy War Based on the verse: There is no compulsion in religion
One of the common doubts in commentating the verse: There is no compulsion in religion, has been considered as the problem of disagreement between primary holy war in Islam and the meaning of the verse. By the verse is meant real negation of every compulsion in Divine religion, every internal compulsion for making people to accept religion and every external compulsion in the realm of Divine re...
متن کاملHow to Set up an Effective Food Tax?; Comment on “Food Taxes: A New Holy Grail?”
Whereas public information campaigns have failed to reverse the rising trend in obesity, economists support food taxes as they suggest they can force individuals to change their eating behavior and make the agro-food industry think more about healthy food products. Excise taxes based on the unhealthy nutrient content would be more effective since they impact more on unhealthy food products than...
متن کاملThinking and its resources in the view of holy
How does the holy Qoran evaluate thought and its resources? In this paper, having presented the word thought, the author has centered on its applications in Qoran with regard to the order of revealing the chapters and then has analyzed the content of the verses pertaining to the word. Furthermore, the verses, considered with view to the resources of thought, have been analyzed and, in an exa...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
دوره شماره
صفحات -
تاریخ انتشار 2008