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In Defense Of The American Community Survey, Michael Lewyn
In Defense Of The American Community Survey, Michael Lewyn
Michael E Lewyn
This article critiques the constitutional and policy challenges to the American Community Survey (ACS), an annual survey conducted by the U.S. Census Bureau. Some commentators argue that because the ACS goes far beyond ascertaining the number of Americans, it goes beyond the proper scope of the Census Clause.
This article asserts, by contrast, that the public interests favoring the ACS outweigh any possible privacy concerns, and that precedent under the First and Fourth Amendments supports ACS inquiries. The article goes on to assert that because the Census has always asked a wide range of questions, ACS questions are authorized by …
The Middle Class, Urban Schools, And Choice, Michael Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
Michael E Lewyn
It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl- that is, the movement of people and jobs from city to suburb.
This article discusses a variety of possible solutions to the unpopularity of urban schools among middle-class parents. Part I of the Article suggests that this problem is a cause as well as a result of middle-class flight: that is, urban schools have poor reputations because …
When Scalia Wasn't Such An Originalist, Michael Lewyn
When Scalia Wasn't Such An Originalist, Michael Lewyn
Michael E Lewyn
Although Justice Scalia generally described himself as an originalist, his opinion in Lucas v. South Carolina Coastal Council rejected originalist arguments. Why? This article suggests that pre-Lucas precedent and the ambiguity of the historical record might justify his methodology.
2008 Planetizen Blog Posts, Michael Lewyn
2008 Planetizen Blog Posts, Michael Lewyn
Michael E Lewyn
Posts on urban and suburban issues at planetizen.com