Law Commons^™

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

Michael E Lewyn

Many commentators treat municipal comprehensive planning as necessary (or at least sufficient) for smart growth. This essay argues that comprehensive plans, although desirable, are neither necessary nor sufficient for "smarter" (that is, more nondriver-friendly) development.

Yes To Infill, No To Nuisance, Michael Lewyn

Michael E Lewyn

Criticizes attempts to use nuisance law to prevent infill development.

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

Michael E Lewyn

State environmental review statutes often require state and local governments to draft an environmental impact statement for any project or permit that might have a substantial environmental impact. One such statute, New York's State Environmental Quality Review Act (SEQRA) defines “environmental impact” broadly to include not only traditionally environmental impacts such as pollution, but also social impacts such as increased neighborhood population. As a result, any large-scale development is likely to require environmental review under SEQRA.

In my article, I argue that such stringency harms air quality by discouraging infill development (that is, development in already-urbanized areas). Such development is …

Two Cheers For Instant Runoff Voting, Michael E. Lewyn

Michael E Lewyn

In multicandidate elections, an unpopular candidate can often win with a minority of the vote if his or her opponents split their votes among several candidates. To solve this problem, some commentators have endorsed instant runoff voting (IRV). Under IRV, voters rank their choices, and the choices of the weaker candidates would be distributed among the leaders. As a result, a candidate who has a plurality of votes but is opposed by the majority of the electorate would be less likely to prevail. Most law-related scholarship on IRV has either strongly endorsed or strongly opposed IRV. This article, by contrast, …

Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn

Michael E Lewyn

PowerPoints for a speech explaining that sprawl in Canada is (1) less extensive than in the USA and (2) caused partially by government regulation.

What Would Coase Do (About Parking Regulation)?, Michael E. Lewyn

Michael E Lewyn

Like many government regulations, municipal minimum parking requirements exist to prevent externalities- most notably the congestion, pollution and greenhouse gas emissions that occur when motorists drive around a city searching for scarce parking. But because such regulations make parking (and thus driving) cheaper and make walking more difficult, such regulations may in fact increase driving, thus increasing congestion, pollution and greenhouse gas emissions.

Sprawl In Canada And The United States, Michael E. Lewyn

Michael E Lewyn

The purpose of this paper is to ascertain (1) whether suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) whether Canadian government policies, and in particular Canadian municipal land use and transportation policies, encourage sprawl. The thesis concludes that sprawl is less widespread in two respects. First, Canadian central cities have not declined to the same extent as American central cities. Second, urban and suburban Canadians are less dependent on automobiles than are Americans. The thesis goes on to point out that in Canada, as in the United States, government land use and …

Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn

Michael E Lewyn

[to be published at University of Louisville Law Review] In recent decades, American state and local highway officials have built wide streets and roads designed primarily to accommodate high-speed automobile traffic. However, such high-speed streets are more dangerous for pedestrians and bicyclists than streets with slower traffic, and thus fail to adequately accommodate nondrivers. Government officials design streets for high-speed traffic partially because of their fear of tort liability. An influential street engineering manual, the American Association of State Highway and Transportation Officials’ “Green Book”, has generally favored the construction of such high-speed streets, and transportation planners fear that if …

Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn

Michael E Lewyn

In recent decades, American state and local highway officials have built wide streets and roads designed primarily to accommodate high-speed automobile traffic. However, such high-speed streets are more dangerous for pedestrians and bicyclists than streets with slower traffic, and thus fail to adequately accommodate nondrivers. Government officials design streets for high-speed traffic partially because of their fear of tort liability. An influential street engineering manual, the American Association of State Highway and Transportation Officials’ “Green Book”, has generally favored the construction of such high-speed streets, and transportation planners fear that if they fail to follow the Green Book’s recommendations, they …