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Articles 1 - 25 of 25
Full-Text Articles in Law
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.
The Rise Of Market Urbanism, Michael Lewyn
The Rise Of Market Urbanism, Michael Lewyn
Scholarly Works
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
Scholarly Works
Compares Market Urbanism to New Urbanism and Landscape Urbanism
Attacking Smart Growth, Michael Lewyn
Attacking Smart Growth, Michael Lewyn
Scholarly Works
Review of The Human City, by Joel Kotkin
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.
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.
American Dreams, American Realities, Michael Lewyn
American Dreams, American Realities, Michael Lewyn
Scholarly Works
Review of Zoned In The USA, by Sonia Hirt.
How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn
How Often Do Cities Mandate Smart Growth Or Green Building?, Michael Lewyn
Scholarly Works
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 …
How To Make America Walkable, Michael Lewyn
How To Make America Walkable, Michael Lewyn
Scholarly Works
Review of Walkable City, by Jeff Speck
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Scholarly Works
Review of The End of the Suburbs, by Leigh Gallagher.
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Scholarly Works
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
Scholarly Works
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
Scholarly Works
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
The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein
The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein
UF Law Faculty Publications
Marking the fifteenth anniversary of Lucas v. South Carolina Coastal Council—the modern U.S. Supreme Court's seminal regulatory takings decision—this Article surveys Lucas's impact upon regulations that restrict wetland filling, sprawling development, and the emission of greenhouse gases. The Lucas Court set forth a new categorical rule of governmental liability for regulations that prohibit all economically beneficial use of land, but also established a new defense that draws upon the states' common law of nuisance and property. Unexpectedly, that defense has taken on a life of its own—forming what this Article calls the new nuisance doctrine. As this Article …
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …
Controlling Big Box Retail Development In Georgia, Matt Roberts, Brian Wright, Elizabeth Simpson, Lauren Giles, Anna Hauser
Controlling Big Box Retail Development In Georgia, Matt Roberts, Brian Wright, Elizabeth Simpson, Lauren Giles, Anna Hauser
Land Use Clinic
The rise of big box retail presents a number of serious challenges that can be addressed by both state legislatures and local governments. This paper provides strategies to help communities avoid "big box blight" caused by retailers abandoning existing sites for new stores, leaving empty eyesores in their wake.
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
Scholarly Works
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 …
Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett
Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett
Journal Articles
Most academics assume that suburbanites are exiters who have abandoned central cities. The exit story is a foundational one in the fields of land-use and local-government law: Exiters' historical, social, and economic connections with their center cities are frequently used to justify both growth controls and regional government. The exit story, however, no longer captures the American suburban experience. For a majority of Americans, suburbs have become points of entrance to, not of exit from, urban life. Most suburbanites are enterers - people who were born in, or migrated directly to, suburbs and who have not spent time living in …
Sprawl, Growth Boundaries And The Rehnquist Court, Michael Lewyn
Sprawl, Growth Boundaries And The Rehnquist Court, Michael Lewyn
Scholarly Works
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 …
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
Scholarly Works
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
Scholarly Works
No abstract provided.
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
Scholarly Works
No abstract provided.
Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet
Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet
Water and Growth in the West (Summer Conference, June 7-9)
18 pages.
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
Scholarly Works
No abstract provided.