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Full-Text Articles in Law

Midat Sodom And The Housing Affordability Crisis, Michael Lewyn Feb 2019

Midat Sodom And The Housing Affordability Crisis, Michael Lewyn

Michael E Lewyn

Ancient Jewish texts states that the city of Sodom was overthrown because of its hostility to hospitality. Today, American cities often limit new housing; is this policy analogous to midat Sodom (Hebrew for "the ways of Sodom")? What arguments justify these policies, and what counter-arguments are relevant to those arguments?


In Defense Of The American Community Survey, Michael Lewyn Dec 2018

In Defense Of The American Community Survey, Michael Lewyn

Michael E Lewyn

This article critiques the constitutional and policy challenges to the American Community Survey (ACS), an annual survey conducted by the U.S. Census Bureau. Some commentators argue that because the ACS goes far beyond ascertaining the number of Americans, it goes beyond the proper scope of the Census Clause.

This article asserts, by contrast, that the public interests favoring the ACS outweigh any possible privacy concerns, and that precedent under the First and Fourth Amendments supports ACS inquiries. The article goes on to assert that because the Census has always asked a wide range of questions, ACS questions are authorized by …


Are Wide Streets Negligent?, Michael Lewyn Dec 2018

Are Wide Streets Negligent?, Michael Lewyn

Michael E Lewyn

American commercial streets are typically designed to encourage rapid automobile traffic, thus making streets unsafe for pedestrians. In the 2016 case of Turturro v. City of New York, the New York Court of Appeals upheld a jury verdict against a city for failing to slow down such traffic. This article describes Turturro, but shows how limited its holding was: the Turturro court emphasized a city's failure to study traffic calming, so if a city studies its options adequately it can avoid liability even if its policies are unsuccessful.


Planetizen Blog Posts- First Half Of 2019, Michael Lewyn Dec 2018

Planetizen Blog Posts- First Half Of 2019, Michael Lewyn

Michael E Lewyn

Op-ed length articles on various land use-related issues.


Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn Dec 2018

Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn

Michael E Lewyn

Blog posts on urban issues, mostly related to housing costs.


Do You Believe In Ghost Apartments?, Michael Lewyn Dec 2018

Do You Believe In Ghost Apartments?, Michael Lewyn

Michael E Lewyn

According to the popular press, expensive cities are being overrun by "ghost apartments"- condominiums owned by wealthy foreigners, but used as investments rather than being rented out to local residents. This article points out that such apartments are in fact a very small percentage of housing supply, even in some cities that are supposedly overran with such condos.

More importantly, the existence of new “ghost apartments” does not justify exclusionary zoning policies. If a city popular with foreign investors discourages construction of new housing, investors are likely to purchase older housing units, outbidding local residents for those units. In this …