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Articles 31 - 60 of 185
Full-Text Articles in Law
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.
Robocar Risks, Michael Lewyn
Robocar Risks, Michael Lewyn
Scholarly Works
Suggests that policymakers should not widen roads or stringently enforce anti-jaywalking laws in order to accommodate autonomous vehicles.
The Obama Administration's Parting Shot, Michael Lewyn
The Obama Administration's Parting Shot, Michael Lewyn
Scholarly Works
Discusses the "Housing Development Toolkit", a policy paper on affordable housing issued by the White House in September 2016.
Attacking Smart Growth, Michael Lewyn
Attacking Smart Growth, Michael Lewyn
Scholarly Works
Review of The Human City, by Joel Kotkin
Attacking Smart Growth, Michael Lewyn
The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn
The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn
Scholarly Works
Environmentalists generally favor compact, walkable development, because development that reduces automobile use may reduce automobile-related pollution. Defenders of suburban sprawl argue, however, that compact development may actually increase pollution in a variety of ways. This article criticizes the latter argument.,
The Roots Of Expensive Zoning, Michael Lewyn
The Roots Of Expensive Zoning, Michael Lewyn
Scholarly Works
Review of Zoning Rules, by William Fischel.
Deny, Deny, Deny, Michael Lewyn
Deny, Deny, Deny, Michael Lewyn
Scholarly Works
Some commentators argue that new housing supply and less restrictive zoning will not reduce housing prices in high-cost cities. This article discusses and critiques their arguments.
When Scalia Wasn't Such An Originalist, Michael Lewyn
When Scalia Wasn't Such An Originalist, Michael Lewyn
Scholarly Works
Although Justice Scalia generally described himself as an originalist, his opinion in Lucas v. South Carolina Coastal Council rejected originalist arguments. Why? This article suggests that pre-Lucas precedent and the ambiguity of the historical record might justify his methodology.
Two Arguments Against Home-Sharing, Michael Lewyn
Two Arguments Against Home-Sharing, Michael Lewyn
Scholarly Works
Two major arguments against Airbnb and similar home-sharing websites are that they (1) raise housing costs by reducing the supply of housing for long-term rental and (2) adversely affect neighbors of homes being used for home-sharing. This article critiques those arguments.
How To Make Suburbia Less Sprawling, Michael Lewyn
How To Make Suburbia Less Sprawling, Michael Lewyn
Scholarly Works
Review of Retrofitting Sprawl, edited by Emily Talen.
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber
Touro Law Review
No abstract provided.
Does New York State’S Implied Dedication Rule Encourage Or Deter The Development Of Temporary Parks And Community Gardens?, Catherine Breidenbach
Does New York State’S Implied Dedication Rule Encourage Or Deter The Development Of Temporary Parks And Community Gardens?, Catherine Breidenbach
Touro Law Review
No abstract provided.
Taming The Super-Wicked Problem Of Waterfront Hazard Mitigation Planning: The Role Of Municipal Communication Strategies, Sarah Adams-Schoen
Taming The Super-Wicked Problem Of Waterfront Hazard Mitigation Planning: The Role Of Municipal Communication Strategies, Sarah Adams-Schoen
Scholarly Works
In the Adaptation Report of the Fifth Assessment Report (AR5), the Inter-governmental Panel on Climate Change (IPCC) identifies floods in urban riverine and coastal areas as among the key climate-related risks for North America. Not surprisingly for residents of coastal and riverine communities devastated by recent extreme weather events, the Adaptation Report acknowledges that risks related to sea-level rise, increased frequency and duration of extreme precipitation events, and increasingly intense coastal storms are not only future risks, but are current risks that are already manifesting in property and infrastructure damage, ecosystem and social system disruption, public health impacts, and water …
Yes To Infill, No To Nuisance, Michael Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
Scholarly Works
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.
Sink Or Swim: In Search Of A Model For Coastal City Climate Resilience, Sarah Adams-Schoen
Sink Or Swim: In Search Of A Model For Coastal City Climate Resilience, Sarah Adams-Schoen
Scholarly Works
New York City, like other major cities around the world, has acknowledged the problem of climate change, undertaken a comprehensive risk assessment, created a suite of adaptation and mitigation planning initiatives, and begun to implement policies to decrease the city’s contribution to the problem and to make the city less vulnerable to the effects of climate change. This detailed analysis of the city’s climate change resilience initiatives concludes that, although many of the city’s initiatives provide a model for other coastal communities, the initiatives likely still fall short of what is required to sufficiently moderate harm from dangerous interference with …
Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen
Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen
Scholarly Works
The Winter 2015 Land Use Law Update asked whether the Supreme Court’s decision in Reed v. Town of Gilbert would require municipalities throughout the country to rewrite their sign codes. The short answer is “yes.”
At a minimum, following the Supreme Court’s decision that the Town of Gilbert’s temporary directional sign regulations violated petitioners Good News Community Church’s and Pastor Clyde Reed’s First Amendment rights, municipalities will want to act quickly to amend their sign codes if they regulate different categories of signs differently. A code that places fewer restrictions on political or ideological signs than on directional signs likely …
Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen
Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen
Scholarly Works
This update summarizes New York cases related to land use and zoning that were decided in the first half of 2015.
Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen
Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen
Scholarly Works
The author discusses the imminent Supreme Court decision in Reed v. Town of Gilbert. Depending on how the Court decides the case, municipalities may need to act quickly to amend their sign regulations.
The Role Of The Dean In Ensuring A Sustainable Law School: Everything Comes Down To What I Learned In Land Use Planning And Sustainable Development Law, Patricia E. Salkin
The Role Of The Dean In Ensuring A Sustainable Law School: Everything Comes Down To What I Learned In Land Use Planning And Sustainable Development Law, Patricia E. Salkin
Scholarly Works
This article offers advice for anyone preparing to interview for a deanship - go back to what you are passionate about to really express how you might approach serving as a law dean. In this case, the passion centers on the subject of land use planning and sustainable development law. When interviewing for the position of dean of a law school, Academics who rise through the ranks to a deanship have a background in legal scholarship that often marries theory and practice. Faculty spend countless hours, even years, developing theories and concepts to advance the law in a particular discipline. …
American Dreams, American Realities, Michael Lewyn
American Dreams, American Realities, Michael Lewyn
Scholarly Works
Review of Zoned In The USA, by Sonia Hirt.
Is An Apartment A Nuisance?, Michael Lewyn
Is An Apartment A Nuisance?, Michael Lewyn
Scholarly Works
In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.
Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey
Further Developments In Land Use Ethics, Patricia E. Salkin, Darren Stakey
Scholarly Works
Ethical considerations continue to play a fundamental role in shaping the course of land use and developmental regulatory proceedings throughout the country. From an innocuous donation by one public official to his alma mater, to the outright bribery of a former mayor, the past year has been rife with a range of conduct implicating professional responsibility and land use.
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Touro Law Review
Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …
Against The Neighborhood Veto, Michael Lewyn
Against The Neighborhood Veto, Michael Lewyn
Scholarly Works
American zoning often gives neighborhoods elective veto power over nearby real estate development. This “neighborhood veto” sometimes artificially reduces housing supply and urban density, thus making housing more expensive and making American cities more dependent on automobiles. This article criticizes the common arguments that neighborhood activists use to restrict development.
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas
Scholarly Works
Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate change) and appears unlikely to do so anytime soon. Despite this, the first half of 2015 has seen a number of actions in the other two branches of the federal government with significant implications for local hazard mitigation planning, zoning, and development. Of particular note, and as discussed in more detail below, the President issued an Executive Order and the Federal Emergency Management Agency (FEMA) …
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
Touro Law Review
No abstract provided.
Takings Cases In The October 2004 Term, Leon D. Lazer
Takings Cases In The October 2004 Term, Leon D. Lazer
Touro Law Review
No abstract provided.
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong
The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong
Touro Law Review
No abstract provided.