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Michael E Lewyn

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Articles 31 - 60 of 134

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The Middle Class, Urban Schools, And Choice, Michael Lewyn Dec 2016

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 …


2017 Market Urbanism Report Blog Posts, Michael Lewyn Dec 2016

2017 Market Urbanism Report Blog Posts, Michael Lewyn

Michael E Lewyn

2017 posts on various urban issues (also available at https://marketurbanismreport.com/author/michael/ )


The Middle Class, Urban Schools And Choice, Michael Lewyn Oct 2016

The Middle Class, Urban Schools And Choice, Michael Lewyn

Michael E Lewyn

Urban schools tend to be less attractive to middle-class parents than suburban schools; as a result, the public school system generates suburban sprawl.  This talk discusses both egalitarian and market-oriented means of making cities more attractive to parents.


The Criminalization Of Walking, Michael Lewyn Sep 2016

The Criminalization Of Walking, Michael Lewyn

Michael E Lewyn

Talk based on my longer article "The Criminalization of Walking" (now at https://works.bepress.com/lewyn/106/ ). I note that I gave a similar speech at Limmud New York on 2-20-17.


When Scalia Wasn't Such An Originalist, Michael Lewyn Dec 2015

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.


The Roots Of Expensive Zoning, Michael Lewyn Dec 2015

The Roots Of Expensive Zoning, Michael Lewyn

Michael E Lewyn

Review of Zoning Rules, by William Fischel.


Two Arguments Against Home-Sharing, Michael Lewyn Dec 2015

Two Arguments Against Home-Sharing, Michael Lewyn

Michael E Lewyn

Two major arguments against Airbnb and similar home-sharing websites are that they (1) raise housing costs by reducing the supply of housing for long-term rental and (2) adversely affect neighbors of homes being used for home-sharing. This article critiques those arguments.


2016 Market Urbanism Blog Posts, Michael Lewyn Dec 2015

2016 Market Urbanism Blog Posts, Michael Lewyn

Michael E Lewyn

Available at marketurbanism.com


2016 Planetizen.Com Blog Posts, Michael Lewyn Dec 2015

2016 Planetizen.Com Blog Posts, Michael Lewyn

Michael E Lewyn

Blog posts on urban and suburban issues. Originals at planetizen.com


The Middle Class, Urban Schools, And Choice, Michael Lewyn Dec 2015

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 …


How To Make Suburbia Less Sprawling, Michael Lewyn Dec 2015

How To Make Suburbia Less Sprawling, Michael Lewyn

Michael E Lewyn

Review of Retrofitting Sprawl, edited by Emily Talen.


Deny, Deny, Deny, Michael Lewyn Dec 2015

Deny, Deny, Deny, Michael Lewyn

Michael E Lewyn

Some commentators argue that new housing supply and less restrictive zoning will not reduce housing prices in high-cost cities. This article discusses and critiques their arguments.


Yes To Infill, No To Nuisance, Michael Lewyn Apr 2015

Yes To Infill, No To Nuisance, Michael Lewyn

Michael E Lewyn

This article argues against the use of private nuisance suits to exclude apartments from residential neighborhoods, based on the public interest in affordable housing and walkable infill development.


How Suburbia Happened In Toronto, Michael Lewyn Mar 2015

How Suburbia Happened In Toronto, Michael Lewyn

Michael E Lewyn

No abstract provided.


How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn Mar 2015

How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn

Michael E Lewyn

Much has been written about the role of government regulation in facilitating automobile-oriented sprawl. Zoning codes reduce walkability by artificially segregating housing from commerce, forcing businesses and multifamily landlords to surround their buildings with parking, and artificially reducing density. The “smart growth” movement seeks to reverse these policies, both through regulation and through more libertarian, deregulatory policies. The purpose of this paper is to examine to what extent cities have in fact chosen the former path, and to discuss the possible side effects of prescriptive smart growth and green building regulations. In particular, this paper focuses on attempts to make …


Smart Growth-Oriented Density And Parking Regulations, Michael Lewyn Feb 2015

Smart Growth-Oriented Density And Parking Regulations, Michael Lewyn

Michael E Lewyn

Many articles have been written about pro-sprawl land use regulation, such as minimum parking requirements. This speech, by contrast, focuses on the frequency of land use regulation designed to increase walkability- in particular, minimum density requirements and maximum parking requirements. I conclude that the first type of regulation is quite rare and usually very lenient. The second type of regulation is more frequent; however, the impact of maximum parking requirements is not yet clear.


Against The Neighborhood Veto, Michael Lewyn Dec 2014

Against The Neighborhood Veto, Michael Lewyn

Michael E Lewyn

American zoning often gives neighborhoods elective veto power over nearby real estate development. This “neighborhood veto” sometimes artificially reduces housing supply and urban density, thus making housing more expensive and making American cities more dependent on automobiles. This article criticizes the common arguments that neighborhood activists use to restrict development.


Is An Apartment A Nuisance?, Michael Lewyn Dec 2014

Is An Apartment A Nuisance?, Michael Lewyn

Michael E Lewyn

In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.


No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman Dec 2014

No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman

Michael E Lewyn

This article focuses on two aspects of smart growth policy that have thus far received little attention: maximum parking and minimum density requirements. To ascertain the frequency of such regulations, we examine the zoning regulations of twenty-four mid-sized cities, defined as those with populations between 500,000 and one million residents. The article concludes that the first type of regulation is somewhat common, but is usually restricted to certain types of land uses or sections of a city. Minimum density requirements, by contrast, are quite rare and quite lenient. Because these types of regulations have received little scholarly attention and are …


Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary, William Leaf, Michael Lewyn Dec 2014

Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary, William Leaf, Michael Lewyn

Michael E Lewyn

Proposes creating a new kind of zone called an "internally buffered district." Within these zones, intensive land uses like stores and apartments are allowed, so long as the latter uses are physically separated from nearby residential districts. The article suggests that developers compensate homeowners for rezoning their property to the internally buffered classification, thus allowing for both more compact development and more protection of homeowners' interests.


American Dreams, American Realities, Michael Lewyn Dec 2014

American Dreams, American Realities, Michael Lewyn

Michael E Lewyn

Review of Zoned In The USA, by Sonia Hirt.


The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn Dec 2014

The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn

Michael E Lewyn

Some commentators equate municipal comprehensive plans with "smart" growth (that is, development that considers the needs of nondrivers as well as the needs of automobiles). However, comprehensive planning. although desirable, is neither necessary nor sufficient for smart growth. Plans are not necessary because zoning reforms can achieve the same smart growth objectives as plans, and are not sufficient because many comprehensive plans support sprawl rather than smart growth.


2015 Planetizen Blog Posts, Michael Lewyn Dec 2014

2015 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

2015 blog posts on urban issues from planetizen.com


The Criminalization Of Walking, Michael Lewyn Dec 2014

The Criminalization Of Walking, Michael Lewyn

Michael E Lewyn

Because walking improves human health and reduces pollution, one might think that the law should encourage walking and discourage driving But in fact, criminal law sometimes punishes walkers, in two major respects. First, state and city laws against something often referred to as “jaywalking” limit walkers’ ability to cross streets. As a result of these laws, police can fine (and even arrest) walkers. Second, bureaucrats and police sometimes interpret child neglect laws to mean that preteen children may never walk on their own, and have sometimes arrested child pedestrians' parents or sought to place the children in state care. This …


How Environmental Review Can Generate Car-Induced Pollution: A Case Study, Michael Lewyn Dec 2013

How Environmental Review Can Generate Car-Induced Pollution: A Case Study, Michael Lewyn

Michael E Lewyn

The National Environmental Policy Act (“NEPA”) requires federal officials to draft an environmental impact statement (“EIS”) describing the environmental impact of proposed federal actions that significantly affect the environment, as well as analyze the environmental impacts of alternatives to the proposed action. Almost two dozen states have adopted “little NEPA” statutes imposing similar requirements upon state and/or local governments.

This article focuses on one of the strictest little NEPA statutes: New York's State Environmental Quality Review Act (“SEQRA”). While most little NEPA statutes cover only government projects,SEQRA also covers private sector projects requiring municipal permits. Furthermore, SEQRA requires the government …


Learning From Detroit, Michael Lewyn Dec 2013

Learning From Detroit, Michael Lewyn

Michael E Lewyn

Reviews a recent book about Detroit's problems.


How To Make America Walkable, Michael Lewyn Dec 2013

How To Make America Walkable, Michael Lewyn

Michael E Lewyn

Review of Walkable City, by Jeff Speck


2014 Cnu Blog Posts, Michael Lewyn Dec 2013

2014 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn

2014 blog posts at the now-defunct Salon page of the Congress for New Urbanism (cnu.org)


2014 Planetizen Blog Posts, Michael Lewyn Dec 2013

2014 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Blog posts on urban and suburban issues, available at planetizen.com


Suburban Sprawl: Weaker But Still Alive, Michael Lewyn Dec 2013

Suburban Sprawl: Weaker But Still Alive, Michael Lewyn

Michael E Lewyn

Review of The End of the Suburbs, by Leigh Gallagher.