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Articles 1 - 30 of 140
Full-Text Articles in Entire DC Network
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
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Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.
Do Americans Support More Housing?, Michael Lewyn
Do Americans Support More Housing?, Michael Lewyn
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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.
Using Youtube To Explain Housing, Michael Lewyn
Using Youtube To Explain Housing, Michael Lewyn
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In 2021, the author ran for Borough President of Manhattan, New York. The author tried to his scholarship into his campaign by producing over twenty Youtube videos, most of which addressed land use and housing policy. The article describes the videos, and evaluates their usefulness.
Government Lawyers May Be Prime Candidates For College And University Presidencies, Patricia E. Salkin
Government Lawyers May Be Prime Candidates For College And University Presidencies, Patricia E. Salkin
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With roughly 4,000 institutions of higher education in the United States, there is a body of literature on leadership in higher education and presidents have been studies and critiqued by biographers and by scholars, yet up until now there has been scarce attention to the documented trend of lawyers leading higher education. Within the subset of lawyer presidents, one major commonality is government law experience in their career prior to the campus presidency. This article explores the unique skills and leadership that government lawyers can offer colleges and universities and provides examples of presidents with former government experience at all …
New York’S Professor John R. Nolon: A National Leader In Land Use Law With A Large Impact Across The Hudson Valley And The State Of New York, Patricia E. Salkin, Samuel Stewart
New York’S Professor John R. Nolon: A National Leader In Land Use Law With A Large Impact Across The Hudson Valley And The State Of New York, Patricia E. Salkin, Samuel Stewart
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As Professor John R. Nolon steps down from active law teaching, this article reflects not only on his contributions as a national thought leader in the field, but also on how he has a hand in changing the land use and conservation patterns in New York while promoting affordable housing and combating discrimination.
“The Cruelty Is The Point”: Using Buck V. Bell As A Tool For Diversifying Instruction In The Law School Classroom, Tiffany C. Graham
“The Cruelty Is The Point”: Using Buck V. Bell As A Tool For Diversifying Instruction In The Law School Classroom, Tiffany C. Graham
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Instructors who are looking for opportunities to expose their students to the ways in which intersectional forms of bias impact policy and legal rules can use Buck v. Bell to explore, for instance, the impact of disability and class on the formation of doctrine. A different intersectional approach might use the discussion of the case as a gateway to a broader conversation about the ways in which race and gender bias structured the implementation of sterilization policies around the nation. Finally, those who wish to examine the global impact of American forms of bias can use this case and the …
The Case Against The Case For Zoning, Michael Lewyn
The Case Against The Case For Zoning, Michael Lewyn
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Critiques an article defending zoning. In particular, the article notes that a traditional justification for zoning is that it conserves community character. This argument fails because when people priced out of exclusive neighborhoods move to other areas, they change the character of the receiving area. Similarly, the argument that zoning prevents infrastructure from being overloaded overlooks the fact that if people priced out of one area move to a cheaper area, the latter area's infrastructure is equally burdened. A third argument is that zoning allows local governments to push the costs of growth to developers- but the sluggish growth of …
Commentary: Dan Mandelker—A Land-Use Legacy Unlike Any Other, Patricia E. Salkin
Commentary: Dan Mandelker—A Land-Use Legacy Unlike Any Other, Patricia E. Salkin
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It is an honor to share thoughts about the importance of Professor Daniel Mandelker’s legacy to the field of land-use and zoning law. The word “legacy” means, among other things, “something that is part of your history or that remains from an earlier time.” At ninety-two, he was the longest actively teaching land use law professor in the United States. His academic career began in 1949 when he was appointed an Assistant Professor at Drake Law School, with relatively short stints at the University of Indiana Law School and Columbia Law School, followed by his appointment at Washington University School …
Which Transportation Technologies Do We Want?, Michael Lewyn
Which Transportation Technologies Do We Want?, Michael Lewyn
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A review of Todd Litman's book, New Mobilities- Smart Planning for Emerging Transportation Technologies
Moving Toward A Competency Based Model For Fostering Law Students’ Relational Skills, Susan L. Brooks, Marjorie A. Silver, Sarah Fishel, Kellie Wiltsie
Moving Toward A Competency Based Model For Fostering Law Students’ Relational Skills, Susan L. Brooks, Marjorie A. Silver, Sarah Fishel, Kellie Wiltsie
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Legal education has long been criticized for failing to provide adequate professional training to prepare graduates for legal practice realities. Many sources have lamented the lack of sufficient attention to the range of competencies necessary for law graduates to be effective practitioners and develop a positive professional identity, including those that are intra-personal, such as self-awareness, critical self-reflection, and self-directedness; those that are interpersonal, such as deep and reflective listening, empathy, compassion, cross-cultural communication, and dialogue; and those that engage with the social/systemic dimension of lawyering, such as appreciating the role of multiple identities, implicit bias, privilege and power, and …
Does Democracy Justify Zoning?, Michael Lewyn
Does Democracy Justify Zoning?, Michael Lewyn
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One common argument for restrictive zoning is that zoning is more democratic than allowing landowners to build what they please. This article critiques that claim, suggesting that free markets are equally democratic because they allow for self-rule. Moreover, zoning is less democratic than other forms of government decisionmaking, because zoning hearings are often sparsely attended, and commenters at public meetings are unrepresentative of the public as a whole.
A Philosophy Of Contract Law For Artificial Intelligence: Shared Intentionality, John Linarelli
A Philosophy Of Contract Law For Artificial Intelligence: Shared Intentionality, John Linarelli
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This is a chapter for the forthcoming book, Contracting and Contract Law in the Age of Artificial Intelligence, edited by Martin Ebers, Cristina Poncibò, and Mimi Zou, to be published by Hart Publishing. The aim of this chapter is to offer a general theory of contract law to account for the inclusion of artificial intelligence in contract practices. Artificial intelligence brings out that what makes contract law a distinctive form of legal obligation is shared intentionality. I refer to this insight as the shared intentionality thesis. Shared intentionality is the psychological capacity of one agent to share and pursue a …
Systemic Risk Of Contract, Tal Kastner
Systemic Risk Of Contract, Tal Kastner
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Complexity and uncertainty define our world, now more than ever. Scholars and practitioners have celebrated modular contract design as an especially effective tool to manage these challenges. Modularity divides complex structures into relatively discrete, independent components with simple connections. The benefits of this fundamental drafting approach are intuitive. Lawyers divide contracts into sections and provisions to make them easier to understand and reduce uncertainty. Dealmakers constructing complex transactions use portable agreements as building blocks to reduce drafting costs and enable innovation. Little attention, however, has been paid to the risks introduced by modularity in contracts. This Article demonstrates how this …
The Lawyers Justice Corps: A Licensing Pathway To Enhance Access To Justice, Eileen Kaufman
The Lawyers Justice Corps: A Licensing Pathway To Enhance Access To Justice, Eileen Kaufman
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The idea for establishing a Lawyers Justice Corps emerged out of efforts to solve a problem: how to license lawyers at a time when COVID-19 had expanded the need for new lawyers while also making an in-person bar exam dangerous, if not impossible. We-the Collaboratory on Legal Education and Licensing for Practice'-proposed the Lawyers Justice Corps to provide a different and better way of certifying minimum competence for new attorneys while at the same time helping to create a new generation of lawyers equipped to address a wide range of social justice, racial justice, and criminal justice issues. When implemented, …
Global Climate Governance In 3d: Mainstreaming Geoengineering Within A Unified Framework, Gabriel Weil
Global Climate Governance In 3d: Mainstreaming Geoengineering Within A Unified Framework, Gabriel Weil
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The failure of conventional climate change mitigation to reduce climate-related risks to tolerable levels has spurred interest in more unconventional—and riskier—climate interventions. What currently sounds like science fiction could become a reality in the not-so-distant future: planes blasting particles into the sky to block the sun, vast deserts covered with mirrors, algae sucking carbon into the depths of the ocean. Scholars tend to lump all these unconventional climate measures together in a fuzzy category called “geoengineering,” and set them apart from conventional climate change mitigation. But the characteristics of climate interferences vary across three distinct dimensions, which the mitigation-geoengineering dichotomy …
Land Costs And New Housing, Michael Lewyn
Land Costs And New Housing, Michael Lewyn
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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.
A Merritt-Orious Path For Lawyer Licensing, Eileen Kaufman, Carol L. Chomsky, Andrea Anne Curcio
A Merritt-Orious Path For Lawyer Licensing, Eileen Kaufman, Carol L. Chomsky, Andrea Anne Curcio
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More than two decades ago, Professor Deborah Merritt turned her attention to responding to the then-proliferating efforts to raise state passing scores for the bar examination. Writing with Lowell Hargens and Barbara Reskin, two professors of sociology, Professor Merritt challenged the methodology of the studies that purported to show the need to “raise the bar.” In the process, she presciently raised broader concerns about the validity of the bar exam to assess lawyer competence and the impact of the bar exam on the diversity of the legal profession. In the years since, Professor Merritt has continued to critique the bar …
Downtown Condos For The Rich: Not All Bad, Michael Lewyn
Downtown Condos For The Rich: Not All Bad, Michael Lewyn
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Some new condominiums in urban neighborhoods are too expensive for anyone but the very wealthy. Buyers of these high-cost units include not only wealthy city residents, but also nonresidents who wish to use housing as an investment rather than a residence. Some commentators use this apparent fact as an argument against new market-rate housing generally; they claim that new housing will be purchased by out-of-town investors rather than used by local residents and that those investors will leave housing units empty, rather than renting them out. A related argument is that, even if market-rate condos are purchased by local residents, …
Yimby And Covid-19, Michael Lewyn
Yimby And Covid-19, Michael Lewyn
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Discusses whether the COVID-19 pandemic strengthens the case for the pro-housing YIMBY (Yes In My Back Yard) movement.
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
Scholarly Works
Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a one-dimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …
Equality And Access To Credit: A Social Contract Framework, John Linarelli
Equality And Access To Credit: A Social Contract Framework, John Linarelli
Scholarly Works
The problems governments face in regulating consumer finance fall into two categories: normative and cognitive. The normative problems have to do with the way that some governments, particularly those adhering to an American model of household finance, have financed social mobility and intergenerational welfare through debt, a tenuous and socially risky policy choice. Credit has a substantial social aspect to it in the United States, where the federal government has in some way engaged in subsidizing about 1/3 of consumer credit, particularly in the residential mortgage market, feeding into a substantial capital markets dimension through government-guaranteed securitization. Most Americans think …
Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn
Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn
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Until the late 20th century, the most rigorously traditional Jews, haredi Jews (often referred to as “ultra-Orthodox”) tended to congregate in New York City. But as New York became more expensive and haredi population grew due to high birth rates, some haredi Jews (known collectively as “haredim”) moved to small towns and outer suburbs in search of cheaper land, sometimes creating towns dominated by haredim such as Kiryas Joel, New York and Lakewood, New Jersey. As haredi populations have continued to grow, their households now seek undeveloped land outside these enclaves. But as haredim move deeper into the countryside, zoning …
Pedestrians Under Attack, Michael Lewyn
Pedestrians Under Attack, Michael Lewyn
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A review of Right Of Way by Angie Schmitt
The Limits Of Equity, Michael Lewyn
The Limits Of Equity, Michael Lewyn
Scholarly Works
"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.
Will Zoning Fix Itself?, Michael Lewyn
Will Zoning Fix Itself?, Michael Lewyn
Scholarly Works
Typically, zoning artificially limits housing supply, thus increasing housing costs. One possible defense of this system is that zoning can fix itself- that is, that when rents and housing costs become unusually high, politicians will deregulate and thus reduce housing costs. This article suggests that such a happy result is unlikely; instead, where housing costs spiral out of control, voters and politicians are likely to make regulation even more strict out of a fear of gentrification.
Socialists And Housing, Michael Lewyn
Socialists And Housing, Michael Lewyn
Scholarly Works
My review of Capital City by Samuel Stein
Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil
Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil
Scholarly Works
No abstract provided.
Debt In Just Societies: A General Framework For Regulating Credit, John Linarelli
Debt In Just Societies: A General Framework For Regulating Credit, John Linarelli
Scholarly Works
Debt presents a dilemma to societies: successful societies benefit from a substantial infrastructure of consumer, commercial, corporate, and sovereign debt but debt can cause substantial private and social harm. Pre- and post-crisis solutions have seesawed between subsidizing and restricting debt, between leveraging and deleveraging. A consensus exists among governments and international financial institutions that financial stability is the fundamental normative principle underlying financial regulation. Financial stability, however, is insensitive to equality concerns and can produce morally impermissible aggregations in which the least advantaged in a society are made worse off. Solutions based only on financial stability can restrict debt without …
Access Law Schools & Diversifying The Profession, Deseriee A. Kennedy
Access Law Schools & Diversifying The Profession, Deseriee A. Kennedy
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Lawyers do not reflect the racial diversity in the United States. The legal profession continues to struggle with ways to achieve and maintain racial diversity. Law schools play a critical role in the path to practice, and therefore an examination of the barriers to the profession they created is warranted. This essay critiques the over-reliance on standardized testing in law school admissions and advocates for an open admissions process that prioritizes racial and academic diversity. It suggests that the benefits of minimizing the role of standardized tests far outweigh any perceived costs in legal education. This essay concludes that the …