Also known as: regimes · legal regime · regulatory regime
Written by attorneys · grounded in primary & secondary sources — see below
A system of rules, regulations, or governance structures that orders conduct or property relations within a defined legal field. The system supplies the framework for collective management, enforcement mechanisms, and allocation of rights and duties among participants. Powers reasonably necessary to administer the system may be implied when they advance its core functions.
Ricardo Rojas owns a unit in a common-interest community governed by Radiant Technologies. The association adopts new maintenance rules for shared landscaping after a majority vote. The rules bind all owners because they fall within the powers needed to administer the servitude regime established by the declaration.
Raphael Rivera challenges a state law requiring physicians to provide specific medical information before performing an abortion. The court applies the undue burden regime and upholds the requirement because it does not place a substantial obstacle in the path of a woman seeking an abortion.
Select any source to read its text and confirm it supports the definition.
Rajesh Rao, an Amish parent, refuses to send his children to high school under a state compulsory attendance statute. The court examines the religious-exercise regime and holds that the statute violates the First Amendment as applied to the Amish community.
Roger Ramirez owns Grand Central Terminal and objects to restrictions that prevent construction of an office tower above the station. The court reviews the landmark-preservation regime and concludes that the restrictions do not constitute a taking because they permit reasonable beneficial use of the property.
Rebecca Ross sues a pharmaceutical company alleging birth defects caused by a prescription drug. The court evaluates the scientific-evidence regime under Daubert and admits the plaintiffs' epidemiological studies after finding they rest on reliable methods and principles.
Roberto Reyes, a political candidate, challenges federal limits on individual campaign contributions. The court examines the contribution-regulation regime and upholds the caps because they serve the important governmental interest of preventing actual and apparent corruption.
A common-interest community holds all powers reasonably necessary to manage common property and administer the servitude regime. These powers may be exercised by an association or directly by members when no association exists. Limitations on such powers are narrowly construed when they affect maintenance of common property.
The undue burden regime permits regulations that do not place a substantial obstacle in the path of a woman seeking an abortion. Earlier strict scrutiny invalidated most pre-viability restrictions. The change allows certain informed-consent and waiting-period rules that would have failed under the prior framework.
A court may excuse compliance when the limitation unreasonably interferes with management of common property or administration of the servitude regime. The limitation must not be necessary to protect legitimate interests of members or lenders. This power supplements the community's implied authority under the Restatement.
…a completely different order of magnitude than that which results from the imposition of normal zoning restrictions. Unlike the regime affected by the latter, the landowner is not simply prohibited from using his property for certain purposes, while allowed to use it for all other purposes. Under the historic-landmark…