Housing Law | Open Access Articles | Digital Commons Network™

Introduction To Transit-Oriented Development, Michael Lewyn Oct 2018

Introduction To Transit-Oriented Development, Michael Lewyn

Michael E Lewyn

Explains how transit-oriented development differs from the automobile-oriented development that surrounds many suburban train stations, why the former is desirable, and what sort of zoning changes promote such development.

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Non-Enforcement Takings, Timothy M. Mulvaney Jul 2018

Non-Enforcement Takings, Timothy M. Mulvaney

Timothy M. Mulvaney

The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even regularly …

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The Rise Of Market Urbanism, Michael Lewyn Jun 2018

The Rise Of Market Urbanism, Michael Lewyn

Michael E Lewyn

Compares market urbanism to new urbanism and to defenders of suburban sprawl. Like new urbanists, market urbanists find urban life to be socially valuable, and emphasize that sprawl is not always in line with consumer preferences. But market urbanists are more likely to emphasize the role of government regulation in creating suburbanization, and to oppose anti-sprawl land use regulations.

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The Neighborhood Veto And Its Discontents, Michael Lewyn Feb 2018

The Neighborhood Veto And Its Discontents, Michael Lewyn

Michael E Lewyn

Discusses negative side effects of neighborhood input on land use decisions related to housing. In particular, my speech suggests that the "neighborhood veto" over rezonings increases housing supply by reducing housing prices, and makes development more car-oriented by reducing population density.

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Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng Feb 2018

Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng

Michael P. Seng

This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.

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Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias Dec 2017

Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias

Tim Iglesias

This is a book review of The Fight for Fair Housing: Causes, Consequences and Future Implications of the 1968 Federal Fair Housing Act ed. Gregory D. Squires (Routledge 2018).

In addition to summarizing and evaluating all 15 chapters this review highlights the two major contributions of the volume: (1) Some chapters (especially chapters 10, 11, 13, and 15) begin to articulate an argument that effective implementation of fair housing law is not just good for members of protected classes but valuable for everyone because it can help markets work better, promote democracy, and expand opportunity for all; (2) the chapters addressing …

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Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias Dec 2017

Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias

Tim Iglesias

This essay tells the story of an extended and complex conflict between San Francisco and HUD and the creative solution that emerged from their negotiations. The conflict concerned the application of a community preference to a proposed senior housing development that would be located in a traditional African American neighborhood in San Francisco and its potential violation of federal fair housing law. After a brief background discussion of some of the policy and legal issues raised by community preferences, the essay tells the story of the conflict and its resolution. The essay concludes with reflections on the potential value of …

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2018 July-December Market Urbanism Blog Posts, Michael Lewyn Dec 2017