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Full-Text Articles in Law

The Case Against The Case For Zoning, Michael Lewyn Nov 2021

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 Jul 2018

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 Jan 2018

Explaining Market Urbanism, Michael Lewyn

Scholarly Works

Compares Market Urbanism to New Urbanism and Landscape Urbanism


Attacking Smart Growth, Michael Lewyn Jan 2017

Attacking Smart Growth, Michael Lewyn

Scholarly Works

Review of The Human City, by Joel Kotkin


How To Make Suburbia Less Sprawling, Michael Lewyn Jan 2016

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 May 2015

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 Jan 2015

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 Jan 2014

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 Jan 2014

How To Make America Walkable, Michael Lewyn

Scholarly Works

Review of Walkable City, by Jeff Speck


Suburban Sprawl: Weaker But Still Alive, Michael Lewyn Jan 2014

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 Oct 2013

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 Jan 2013

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 Jan 2013

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 Jan 2011

How Suburbia Happened In Toronto, Michael Lewyn

Scholarly Works

No abstract provided.


The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein Nov 2007

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 Jun 2007

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 Apr 2007

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 Jan 2007

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 Jan 2007

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jun 2000

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 Jan 1999

Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin

Scholarly Works

No abstract provided.