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Full-Text Articles in Law

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 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.


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.


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.


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.


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


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 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.


How Real Is Gentrification?, Michael Lewyn Dec 2013

How Real Is Gentrification?, Michael Lewyn

Michael E Lewyn

Some commentators argue that gentrification is turning many cities into a playground for the rich. This article rejects that view, pointing out that even relatively affluent cities are still poorer than the average suburb.


The False Hope Of Comprehensive Planning, Michael Lewyn Mar 2013

The False Hope Of Comprehensive Planning, Michael Lewyn

Michael E Lewyn

Some commentators on sprawl and smart growth speak of municipal comprehensive plans and sprawl as polar opposites: but in fact, a comprehensive plan can be used to further auto-oriented sprawl just as easily as it can be used to encourage more pedestrian-friendly development. This speech uses parts of Jacksonville, Florida's plan as examples of pro-sprawl planning.


Judaism And Urbanism: Jewish Communities React To Suburbanization, Michael Lewyn Feb 2013

Judaism And Urbanism: Jewish Communities React To Suburbanization, Michael Lewyn

Michael E Lewyn

This speech addresses both how Jews should react to suburbanization and how they in fact have reacted in a variety of metropolitan areas.


Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn Feb 2013

Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn

Michael E Lewyn

Part of panel discussion on "Why Leave It To The Liberals? Conservative Views on Smart Growth"


Plans Are Not Enough, Michael Lewyn Dec 2012

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 Dec 2012

2013 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn

Blog posts from the now-defunct CNU Salons page at cnu.org


2013 Planetizen Blog Posts, Michael Lewyn Dec 2012

2013 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

My 2013 Planetizen.com blog posts on urban and suburban issues.


Two Cheers For Instant Runoff Voting, Michael Lewyn Dec 2011

Two Cheers For Instant Runoff Voting, Michael Lewyn

Michael E Lewyn

"Instant runoff voting" (IRV) is a system that allows voters to rank their choices in a multicandidate election. Thus, the second-choice voters of less successful candidates are redistributed to the front-runners. The purpose of this system is to prevent candidates opposed by a majority of voters from winning. For example, if candidates A and B each have 40 percent of the vote and candidate C has 20 percent, the front-runner supported by the majority of C's supporters is the true "majority choice" and will win under IRV. The purpose of this article is to critically examine the arguments for and …


Sprawl In Canada And The United States, Michael Lewyn Dec 2011

Sprawl In Canada And The United States, Michael Lewyn

Michael E Lewyn

The purpose of this Article is to ascertain whether (1) suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) Canadian government policies, and in particular Canadian zoning law and transportation policies, encourage sprawl. The article concludes that Canadian metropolitan areas are in fact somewhat less sprawling than most of their American counterparts, but that in Canada, as in the United States, government land use regulation and government transportation policy do favor sprawl to some extent. For example, in both nations municipal zoning regulations, by limiting density and forcing landowners to build parking lots, …


2012 Planetizen Blog Posts, Michael Lewyn Dec 2011

2012 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Planetizen.com blog posts on urban and suburban issues.


Judaism And Sprawl, Michael E. Lewyn Oct 2011

Judaism And Sprawl, Michael E. Lewyn

Michael E Lewyn

A speech explaining the relationship between suburban sprawl, Jewish values and Jewish observance.


Regulated Into Automobile Dependence: How City Hall Mandates Sprawl And What Planners Can Do About It, Michael E. Lewyn Oct 2011

Regulated Into Automobile Dependence: How City Hall Mandates Sprawl And What Planners Can Do About It, Michael E. Lewyn

Michael E Lewyn

A brief (about 20-minute) speech explaining why government regulation promotes automobile-dependent development.


Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn Aug 2011

Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn

Michael E Lewyn

A symposium piece on my use of field trips and guest speakers in my seminar on sprawl and the law.


Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn May 2011

Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn

Michael E Lewyn

A discussion of my use of field trips and guest speakers in my seminar on sprawl and the law.