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Articles 1 - 11 of 11
Full-Text Articles in Social and Behavioral Sciences
Do Americans Support More Housing?, Michael Lewyn
Do Americans Support More Housing?, Michael Lewyn
Scholarly Works
An analysis of opinion poll data on housing issues. The article finds that Americans generally believe that their community needs more housing of all types, but are more closely divided about whether such housing should be in their own neighborhoods. The article further finds that members of minority groups, lower-income Americans, and younger Americans are more pro-housing than older, affluent whites.
Land Costs And New Housing, Michael Lewyn
Land Costs And New Housing, Michael Lewyn
Scholarly Works
Restrictive zoning limits housing supply, which (according to the law of supply and demand) increases housing costs. But some commentators argue that more permissive zoning would actually increase housing costs by increasing land costs. This article points out that if the latter claim was true, land costs would have risen in places that allowed lots of new housing and fallen in more restrictive regions such as San Francisco. In fact, land costs increased in both types of metro areas. More importantly, overall housing costs increased more rapidly in more restrictive metros.
The Case Against The Case For Zoning, Michael Lewyn
The Case Against The Case For Zoning, Michael Lewyn
Scholarly Works
Power points used in a presentation on a work in progress, responding to Christopher Serkin's "Case For Zoning" article at 96 Notre Dame L. Rev. 749.
Socialists And Housing, Michael Lewyn
Socialists And Housing, Michael Lewyn
Scholarly Works
My review of Capital City by Samuel Stein
Luck, Justice And Systemic Financial Risk, John Linarelli
Luck, Justice And Systemic Financial Risk, John Linarelli
Scholarly Works
Systemic financial risk is one of the most significant collective action problems facing societies. The Great Recession brought attention to a tragedy of the commons in capital markets, in which market participants, from first-time homebuyers to Wall Street financiers, acted in ways beneficial to themselves individually, but which together caused substantial collective harm. Two kinds of risk are at play in complex chains of transactions in financial markets: ordinary market risk and systemic risk. Two moral questions are relevant in such cases. First, from the standpoint of interactional morality, does a person have a moral duty to avoid risk of …
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Scholarly Works
Historically, progressives have opposed restrictive zoning, arguing that by restricting the housing supply to high-end housing, zoning reduces the supply of housing available to lower-income Americans. But recently, some progressives have suggested that new market-rate housing facilitates gentrification and displacement of lower-income renters. This article critically examines that theory.
Concept And Contract In The Future Of International Law, John Linarelli
Concept And Contract In The Future Of International Law, John Linarelli
Scholarly Works
This is an article written for a symposium on Joel Trachtman’s book, The Future of International Law. I first deal with the contractarian features of Trachtman’s approach to understanding international law. Using the tools of new institutional economics and constitutional economics, Trachtman seeks to describe the features of an international legal system. This is positive political theory or at least relates substantially to the methods of positive political theory. I explore a different approach, one connecting to normative political theory. In its ambitious sense, my approach would see international law as a form of moral argument, but in its modest …
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
Scholarly Works
No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
Scholarly Works
No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Scholarly Works
Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …
The Economics Of Private Law Harmonization, John Linarelli
The Economics Of Private Law Harmonization, John Linarelli
Scholarly Works
No abstract provided.