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Full-Text Articles in Law
The Rise Of Market Urbanism, Michael Lewyn
The Rise Of Market Urbanism, Michael Lewyn
Michael E Lewyn
Market Urbanism, Michael Lewyn
Market Urbanism, Michael Lewyn
Michael E Lewyn
The Neighborhood Veto And Its Discontents, Michael Lewyn
The Neighborhood Veto And Its Discontents, Michael Lewyn
Michael E Lewyn
Suburbia, Gentrification And Jews, Michael Lewyn
Suburbia, Gentrification And Jews, Michael Lewyn
Michael E Lewyn
My Planetizen Blog Posts July-August 2017, Michael Lewyn
My Planetizen Blog Posts July-August 2017, Michael Lewyn
Michael E Lewyn
2015 Cnu Blog Posts, Michael Lewyn
2015 Cnu Blog Posts, Michael Lewyn
Michael E Lewyn
Attacking Smart Growth, Michael Lewyn
Attacking Smart Growth, Michael Lewyn
Michael E Lewyn
Planetizen.Com Blog Posts First Half Of 2017, Michael Lewyn
Planetizen.Com Blog Posts First Half Of 2017, Michael Lewyn
Michael E Lewyn
The Middle Class, Urban Schools And Choice, Michael Lewyn
The Middle Class, Urban Schools And Choice, Michael Lewyn
Michael E Lewyn
The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein
The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein
Christine A. Klein
Marking the fifteenth anniversary of Lucas v. South Carolina Coastal Council -- the modern U.S. Supreme Court's seminal regulatory takings decision -- this Article surveys Lucas's impact upon regulations that restrict wetland filling, sprawling development, and the emission of greenhouse gases. The Lucas Court set forth a new categorical rule of governmental liability for regulations that prohibit all economically beneficial use of land, but also established a new defense that draws upon the states' common law of nuisance and property. Unexpectedly, that defense has taken on a life of its own -- forming what this Article calls the new …
2016 Market Urbanism Blog Posts, Michael Lewyn
2016 Market Urbanism Blog Posts, Michael Lewyn
Michael E Lewyn
2016 Planetizen.Com Blog Posts, Michael Lewyn
2016 Planetizen.Com Blog Posts, Michael Lewyn
Michael E Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
Michael E Lewyn
How To Make Suburbia Less Sprawling, Michael Lewyn
How To Make Suburbia Less Sprawling, Michael Lewyn
Michael E Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
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
How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn
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
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.
No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman
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 …
American Dreams, American Realities, Michael Lewyn
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
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
2015 Planetizen Blog Posts, Michael Lewyn
Michael E Lewyn
How To Make America Walkable, Michael Lewyn
How To Make America Walkable, Michael Lewyn
Michael E Lewyn
Review of Walkable City, by Jeff Speck
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Michael E Lewyn
Review of The End of the Suburbs, by Leigh Gallagher.
Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett
Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett
Nicole Stelle Garnett
Most academics assume that suburbanites are exiters who have abandoned central cities. The exit story is a foundational one in the fields of land-use and local-government law: Exiters' historical, social, and economic connections with their center cities are frequently used to justify both growth controls and regional government. The exit story, however, no longer captures the American suburban experience. For a majority of Americans, suburbs have become points of entrance to, not of exit from, urban life. Most suburbanites are enterers - people who were born in, or migrated directly to, suburbs and who have not spent time living in …
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Comprehensive planning at the municipal level, although useful in a variety of ways, is neither necessary nor sufficient to promote "smart" (that is, pedestrian and transit-oriented) growth. Comprehensive plans can be used to support sprawl as easily as to support smart growth, while smart growth may be promoted effectively through zoning reform or statewide legislation as well as through local planning.
How Comprehensive Planning Makes Suburbia More Sprawling, Michael Lewyn
How Comprehensive Planning Makes Suburbia More Sprawling, Michael Lewyn
Michael E Lewyn
Many commentators associate comprehensive land use planning with smart growth- but in fact, municipal plans can be used to further sprawl as well as smart growth.
Plans Are Not Enough, Michael Lewyn
Plans Are Not Enough, Michael Lewyn
Michael E Lewyn
Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.
2013 Cnu Blog Posts, Michael Lewyn
2013 Cnu Blog Posts, Michael Lewyn
Michael E Lewyn
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Michael E Lewyn
Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.