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Articles 1 - 13 of 13
Full-Text Articles in Law
Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael E. Lewyn
Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael E. Lewyn
Michael E Lewyn
The Supreme Court has held that when a government regulation reduces the value of property, and a property owner challenges the regulation under the Takings Clause of the Fifth Amendment, courts should consider (1) the economic impact of the regulation upon the property owner, (2) the effect of such regulation upon the property owner’s reasonable investment-backed expectations, and (3) the character of the government action. A 2005 Supreme Court decision, Lingle v. Chevron, held that courts must focus primarily on the severity of the burden that government imposes upon property owners. Many courts and commentators interpret this language to mean …
A Libertarian Smart Growth Agenda, Michael E. Lewyn
A Libertarian Smart Growth Agenda, Michael E. Lewyn
Michael E Lewyn
Discusses a variety of policies that both limit sprawl and enhance, rather than reducing, landowners' property rights.
Five Myths About Sprawl , Michael E Lewyn
Five Myths About Sprawl , Michael E Lewyn
Michael E Lewyn
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing case for the status quo, asserting that sprawl is “a natural result of affluence that occurs in all urbanized societies.” Bruegmann's book has generated glowing media publicity. This article suggests that Bruegmann overestimates the universality of sprawl, by overlooking the differences between pedestrian-friendly cities with some sprawling development and cities in which automobile-dependent sprawl is the only choice available to most consumers. In addition, Bruegmann understates the harmful social effects of sprawl, especially the effect of automobile-dependent development upon non-drivers. Bruegmann also consistently underestimates the …
You Can Have It All: Less Sprawl And Property Rights Too, Michael E. Lewyn
You Can Have It All: Less Sprawl And Property Rights Too, Michael E. Lewyn
Michael E Lewyn
The article describes two visions of suburban development, a “smart growth” vision which critiques automobile-dependent suburban sprawl, and a “property rights” vision which emphasizes individual freedom. The article then shows that these visions are to a great extent reconcilable, by discussing a variety of legal reforms which can both reduce suburban sprawl and enhance landowners’ property rights. For example, if zoning laws were reformed to allow landowners to build more compact developments, landowners would obviously have a wider range of options (thus enhancing property rights) and more people could live within walking distance of jobs, shops and public transit (thus …
Twenty-First Century Planning And The Constitution, Michael E Lewyn
Twenty-First Century Planning And The Constitution, Michael E Lewyn
Michael E Lewyn
In 2002, The American Planning Association (APA), a nationwide organization of land use planners, published the "Growing Smart Legislative Guidebook", a collection of model laws governing zoning and other land use-related issues. This article evaluates a variety of constitutional issues related to the Guidebook.
Campaign Of Sabotage: Big Government's War Against Public Transportation , Michael E Lewyn
Campaign Of Sabotage: Big Government's War Against Public Transportation , Michael E Lewyn
Michael E Lewyn
This article discusses a variety of state, federal and local policies which have reduced transit ridership, such as unfunded mandates, anti-transit zoning policies, and highway funding policies that shifted development to areas with minimal or nonexistent transit service.
Buffalo Beat Op-Eds, Michael Lewyn
Buffalo Beat Op-Eds, Michael Lewyn
Michael E Lewyn
Assorted op-eds from Buffalo Beat, a Buffalo weekly (1998-2001)
Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn
Suburban Sprawl: Not Just An Environmental Issue, Michael E Lewyn
Michael E Lewyn
Explains why conservatives should be concerned about suburban sprawl, and how market-oriented solutions can mitigate sprawl.
When Is Time Brokerage A Transfer Of Control? , Michael E Lewyn
When Is Time Brokerage A Transfer Of Control? , Michael E Lewyn
Michael E Lewyn
A highly technical piece about communications law, focusing on "time brokerage" agreements. Under these agreements, two television or radio stations typically share programming. The FCC scrutinizes such agreements to make sure that they are not de facto mergers; the article discusses FCC precedent on the issue.
When Is Cumulative Voting Preferable To Single-Member Districting?, Michael E Lewyn
When Is Cumulative Voting Preferable To Single-Member Districting?, Michael E Lewyn
Michael E Lewyn
Cumulative voting is most appropriate in small towns, nonpartisan elections, and jurisdictions in which voters know whether they are in the majority. By contrast, single-member districts are preferable to cumulative voting in big cities, state or federal elections, partisan elections, and elections in which the racial or partisan balance between factions is either close or is unknown to most voters.
How Radical Is Lani Guinier? , Michael E Lewyn
How Radical Is Lani Guinier? , Michael E Lewyn
Michael E Lewyn
In 1993, Lani Guinier was nominated to head the Justice Department's Civil Rights Division. Her nomination was withdrawn after she was accused of being too liberal, if not radical, on issues relating to voting rights law. This article discusses her views, and finds that her writings were not clear enough to either support or debunk the accusations of radicalism.
How To Limit Gerrymandering, Michael E Lewyn
How To Limit Gerrymandering, Michael E Lewyn
Michael E Lewyn
An extensive discussion of constitutional issues related to partisan gerrymandering.
Are Spread Out Cities Really Safer? , Michael E Lewyn
Are Spread Out Cities Really Safer? , Michael E Lewyn
Michael E Lewyn
One of my first articles. A discussion of the gap between perceptions of crime and the reality of crime, noting that sprawling Sun Belt cites were erroneously perceived as safer than they really were, while older, denser northern cities were erroneously perceived as more dangerous.