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Full-Text Articles in Law

Do Americans Support More Housing?, Michael Lewyn Jan 2024

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.


Which Transportation Technologies Do We Want?, Michael Lewyn Jan 2022

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


Does Democracy Justify Zoning?, Michael Lewyn Jan 2022

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.


The Lawyers Justice Corps: A Licensing Pathway To Enhance Access To Justice, Eileen Kaufman Jan 2022

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, …


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

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.


Access Law Schools & Diversifying The Profession, Deseriee A. Kennedy Jan 2020

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 …


Defining Law, Tal Kastner Jan 2019

Defining Law, Tal Kastner

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Commenting on Chaim Saiman’s book, Halakhah: The Rabbinic Idea of Law, this essay views the difficulty of defining halakha as indicative of the universal challenge of defining the bounds of what constitutes “law.” Considering the dynamic of contingent norms, social context, history, and narrative that shapes the meaning of law, it focuses on a series of decisions by a federal district court judge in connection with the case of Bayless v. United States (1996) involving the sufficiency of reasonable suspicion to justify a police stop. Tracing the slippage in this case between holding and dicta, among other sources of authority …