Mt. Laurel: A Major Transition in American Planning Law

American land use law in the late 1960's and early 1970's has been in a period of major and fundamental transition. It has seen a change in the basic policy of the law on one of its most important points as concerns exclusionary zoning, i.e., the attitude towards the three principal parties in interest in land use litigation-developer, neighbor, and excluded party. This entire change has been initiated not by the legislatures, but by the courts. The net result of this transition has been to strengthen the government's ability to impose (under the police power) certain types of regulations, primarily environmental in nature—while at the same time drastically reducing the power to impose regulations deemed exclusionary.     

Reflections on Environmentalism and the River Diversion Projects

In a companion paper to “Environmentalism in the USSR: The Opposition to the River Diversion Projects,” two geographers survey the current status of water transfer research after cancellation of the European and Siberian diversion projects and offer a different perspective on the debates leading to that cancellation. Implications of a demand-side approach to Centra! Asian water management problems are then assessed in light of (a) contradictory objectives of expanding irrigated hectarage and mitigating environmental deterioration in the Aral basin and (b) the problematic nature of projected water savings and costs involved in their realization. Journal of Economic Literature, Classification Numbers: 052, 124, 720.     

Kirchheimer Revisited: Party Polarisation,Party Convergence,or Party Decline in the German Party System

The 2005 German parliamentary elections produced two parties claiming victory, the inability to form a government, and Germany's second post-war grand coalition government. This article explores the peculiarities in the contemporary dynamic of the German party system. It considers the strategy and motivation of parties and the effect of party competition. A key focus is to revisit and evaluate the predictive power of Otto Kirchheimer's ‘end of ideology’ proposition in the German case. On the one hand, mainstream parties seem to be converging at the ideological centre across Western Europe. At the same time, some party polarisation within the party system is evident as more marginal parties such as those of the far left and far right have gained votes at the expense of the mainstream parties in recent elections. A third possibility is that both of these circumstances have produced a political void with voters becoming increasingly apathetic and non-ideological. This paper argues that in the aggregate, trends do not reflect the predictions of Kirchheimer.