- Aug 2016
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www.yalelawjournal.org www.yalelawjournal.org
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as the Supreme Court’s decision in Berman v. Parker established, clearing “blight” is an acceptable use of the eminent domain power
This law was further upheld in 2005 when the City of New London, CT, used eminent domain to transfer land held by one private citizen to another private citizen, a developer. The ground for upholding were that it was putting the land to better use (and also to generate higher tax revenue for the City of New London.)
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These architectural features serve to keep out those who are not expressly allowed in.10
My brother and his wife live in a gated community outside of Hilton Head, SC. Immaculate lawns, million dollar houses, golf course, beautiful but isolated. When I visited I did not see any minorities. Both my brother and his wife moved from Los Angeles "to get away from the crime".
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One consequence was to limit access of racial minorities and low-income groups”—who often used public transit—”to Jones Beach, Moses’s widely acclaimed public park
I grew up on Long Island, close to Jones Beach and went under these bridges many times. They are distinctive and seen all over NY state. I thought the reason they were low was that they were on parkways which restricts commercial traffic (trucks and apparently buses). Never knew there was a more sinister reason they were low.
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Similarly, Stephen Clowney has addressed the way in which landscapes, parks, and statues create a narrative that often marginalizes African Americans.6
For those who have not seen the Civil Rights Museum in Centennial Park, I highly recommend you go. It is well done and thought provoking.
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t
Another example of a tool to force segregation - in this case under representation in congress - is gerrymandering. Georgia voters are approximately 50% democrats but the GA state legislature is almost 76% republicans. Many have attributed to redistricting by the GOP legislature in 2012.
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