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Full-Text Articles in Law
The Case Against The Case For Zoning, Michael Lewyn
The Case Against The Case For Zoning, Michael Lewyn
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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.
The Rise Of Market Urbanism, Michael Lewyn
The Rise Of Market Urbanism, Michael Lewyn
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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.
Explaining Market Urbanism, Michael Lewyn
Explaining Market Urbanism, Michael Lewyn
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Compares Market Urbanism to New Urbanism and Landscape Urbanism
Attacking Smart Growth, Michael Lewyn
Attacking Smart Growth, Michael Lewyn
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Review of The Human City, by Joel Kotkin
How To Make Suburbia Less Sprawling, Michael Lewyn
How To Make Suburbia Less Sprawling, Michael Lewyn
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Review of Retrofitting Sprawl, edited by Emily Talen.
Yes To Infill, No To Nuisance, Michael Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
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This article argues against the use of private nuisance suits to exclude apartments from residential neighborhoods, based on the public interest in affordable housing and walkable infill development.
American Dreams, American Realities, Michael Lewyn
American Dreams, American Realities, Michael Lewyn
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Review of Zoned In The USA, by Sonia Hirt.
How To Make America Walkable, Michael Lewyn
How To Make America Walkable, Michael Lewyn
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Review of Walkable City, by Jeff Speck
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
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Review of The End of the Suburbs, by Leigh Gallagher.
How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn
How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn
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Much has been written about the role of government regulation in facilitating automobile-oriented sprawl. Zoning codes reduce walkability by artificially segregating housing from commerce, forcing businesses and multifamily landlords to surround their buildings with parking, and artificially reducing density. The “smart growth” movement seeks to reverse these policies, both through regulation and through more libertarian, deregulatory policies. The purpose of this paper is to examine to what extent cities have in fact chosen the former path, and to discuss the possible side effects of prescriptive smart growth and green building regulations. In particular, this paper focuses on attempts to make …
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
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Comprehensive planning at the municipal level, although useful in a variety of ways, is neither necessary nor sufficient to promote "smart" (that is, pedestrian and transit-oriented) growth. Comprehensive plans can be used to support sprawl as easily as to support smart growth, while smart growth may be promoted effectively through zoning reform or statewide legislation as well as through local planning.
Plans Are Not Enough, Michael Lewyn
Plans Are Not Enough, Michael Lewyn
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Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
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Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.
How Suburbia Happened In Toronto, Michael Lewyn
Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin
Squaring The Circle On Sprawl: What More Can We Do?: Progress Towards Sustainable Land Use In The States, Patricia E. Salkin
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With almost ten years of nationwide dialogue and experimentation with the legal implementation of smart growth concepts at the state and local levels, this paper pauses to consider whether and to what extent success has been realized. The one certainty in this dynamic intersection of land development and conservation is that there is no one best model adaptable to all fifty states. Rather, to accommodate national diversity in local government structure, cultural relationships of people to the land, and differences in geography and a sense of place, the best lesson learned is that advocates and lawmakers alike must shape and …
From Euclid To Growing Smart: The Transformation Of The American Local Land Use Ethic Into Local Land Use And Environmental Controls, Patricia E. Salkin
From Euclid To Growing Smart: The Transformation Of The American Local Land Use Ethic Into Local Land Use And Environmental Controls, Patricia E. Salkin
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No abstract provided.
Smart Growth And Sustainable Development: Threads Of A National Land Use Policy, Patricia E. Salkin
Smart Growth And Sustainable Development: Threads Of A National Land Use Policy, Patricia E. Salkin
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No abstract provided.
Sprawl, Growth Boundaries And The Rehnquist Court, Michael Lewyn
Sprawl, Growth Boundaries And The Rehnquist Court, Michael Lewyn
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The most stringent anti-sprawl measure adopted by any American state is Oregon's urban growth boundary (UGB) program. Urban growth boundaries are lines on maps within which high-density development is encouraged, and beyond which such development is generally forbidden. Outside the boundary, rural industries (such as logging) and open space are promoted. This Article focuses on three issues: whether UGBs are constitutional under recent Supreme Court case law, (2) whether the UGB has in fact saved Portland (Oregon's largest city) from the social problems caused by sprawl, and (3) whether the side effects of UGBs make them a cure worse than …
The Smart Growth Agenda: A Snapshot Of State Activity At The Turn Of The Century, Patricia E. Salkin
The Smart Growth Agenda: A Snapshot Of State Activity At The Turn Of The Century, Patricia E. Salkin
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No abstract provided.
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin
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No abstract provided.