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Articles 181 - 197 of 197
Full-Text Articles in Law
Using Urban Agriculture To Grow Southern New England, Sara Bronin
Using Urban Agriculture To Grow Southern New England, Sara Bronin
Sara C. Bronin
Southern New England has recently seen significant developments in urban agriculture, including the implementation of Boston’s urban ag ordinance in December 2013; the creation of Hartford’s urban ag ordinance in April 2015; and Providence’s robust urban ag initiative, “Lots of Hope.” Urban ag is being used to create and enhance a sense of community, to support and celebrate diversity by allowing immigrant populations to grow culturally appropriate foods for consumption or sale, and to increase food security. It is also an avenue for potential economic growth.
Against The Neighborhood Veto, Michael Lewyn
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
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
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
Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary, William Leaf, Michael Lewyn
Michael E Lewyn
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
Policy Memorandum: Recommendations For Reforming The 1872 Mining Act To Impose Royalties For The Extraction Of Hard Minerals, Rachele M. Hendricks-Sturrup
Policy Memorandum: Recommendations For Reforming The 1872 Mining Act To Impose Royalties For The Extraction Of Hard Minerals, Rachele M. Hendricks-Sturrup
Rachele M Hendricks-Sturrup
No abstract provided.
Shared Spatial Regulating In Sharing Economy Districts, Michael N. Widener
Shared Spatial Regulating In Sharing Economy Districts, Michael N. Widener
Michael N. Widener
This paper deals with how local governments should address the impact on neighborhood dwellers and zoning district regulatory schemes of an influx of myriad varieties of new sharing-economy entrepreneurs.
Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener
Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener
Michael N. Widener
Conservation of the “built heritage” optimally manages historic values of property in light of current community imperatives of sustainability and urban center revitalization. Sensible historic preservation reveals the values of the past for present and future generations while delivering high-quality built environments that incorporate community sustainability. Adaptive reuse of historic structures preserves without ruining place-making. This paper argues that greater emphasis must be placed upon adaptive reuse in historic preservation initiatives. Acknowledging the larger significance of community cohesion and livability for all citizens, community planning processes within state and local governments must impose certain constraints upon historic property designation and …
Repromulgation Game, Shubhankar Dam
Bubbles (Or, Some Reflections On The Basic Laws Of Human Relations), Donald J. Kochan
Bubbles (Or, Some Reflections On The Basic Laws Of Human Relations), Donald J. Kochan
Donald J. Kochan
The Criminalization Of Walking, Michael Lewyn
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 …
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Donald J. Kochan
Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …
Keepings, Donald J. Kochan
Keepings, Donald J. Kochan
Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan