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Full-Text Articles in Law
Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin
Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin
Patrick Martin
In February of 2011, Governor of Ohio John Kasich signed legislation that created JobsOhio. This has been a controversial program based on the method that it was implemented and some of the rules that govern the program.it. In November of 2013, ProgressOhio, a citizens advocacy group, challenged the constitutionality of the program but the suit was dismissed by the Ohio Supreme Court for lack of standing by the plaintiffs. There has been no court decision that adjudicates the program on the merits, only on the jurisdictional standing of a party to a suit that challenged the legislation. To date, only …
Smart Growth-Oriented Density And Parking Regulations, Michael Lewyn
Smart Growth-Oriented Density And Parking Regulations, Michael Lewyn
Michael E Lewyn
Many articles have been written about pro-sprawl land use regulation, such as minimum parking requirements. This speech, by contrast, focuses on the frequency of land use regulation designed to increase walkability- in particular, minimum density requirements and maximum parking requirements. I conclude that the first type of regulation is quite rare and usually very lenient. The second type of regulation is more frequent; however, the impact of maximum parking requirements is not yet clear.
Against The Neighborhood Veto, Michael Lewyn
Against The Neighborhood Veto, Michael Lewyn
Michael E Lewyn
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.
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Some commentators equate municipal comprehensive plans with "smart" growth (that is, development that considers the needs of nondrivers as well as the needs of automobiles). However, comprehensive planning. although desirable, is neither necessary nor sufficient for smart growth. Plans are not necessary because zoning reforms can achieve the same smart growth objectives as plans, and are not sufficient because many comprehensive plans support sprawl rather than smart growth.
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Many commentators treat municipal comprehensive planning as necessary (or at least sufficient) for smart growth. This essay argues that comprehensive plans, although desirable, are neither necessary nor sufficient for "smarter" (that is, more nondriver-friendly) development.
Mobility And Community In Urban Policy, Kenneth Stahl
Mobility And Community In Urban Policy, Kenneth Stahl
Kenneth Stahl
Urban policymakers have long debated whether to focus on people or on places. Should the government give poor people the means to leave deteriorated neighborhoods, or attempt to bolster such neighborhoods by reinforcing the social norms of the community? Should cities direct the police to crack down on low-level crime, or foster informal connections between the police and local institutions? Definitive answers to these questions have been elusive, but Robert Sampson’s new book GREAT AMERICAN CITY, perhaps the most ambitious work of urban sociology in a generation, provides some needed insight. Using a massive set of data, Sampson demonstrates that …
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Michael E Lewyn
Review of The End of the Suburbs, by Leigh Gallagher.
How Real Is Gentrification?, Michael Lewyn
How Real Is Gentrification?, Michael Lewyn
Michael E Lewyn
Some commentators argue that gentrification is turning many cities into a playground for the rich. This article rejects that view, pointing out that even relatively affluent cities are still poorer than the average suburb.
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
The False Hope Of Comprehensive Planning, Michael Lewyn
The False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Some commentators on sprawl and smart growth speak of municipal comprehensive plans and sprawl as polar opposites: but in fact, a comprehensive plan can be used to further auto-oriented sprawl just as easily as it can be used to encourage more pedestrian-friendly development. This speech uses parts of Jacksonville, Florida's plan as examples of pro-sprawl planning.
Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn
Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn
Michael E Lewyn
Part of panel discussion on "Why Leave It To The Liberals? Conservative Views on Smart Growth"
Plans Are Not Enough, Michael Lewyn
Plans Are Not Enough, Michael Lewyn
Michael E Lewyn
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.
Globalization And The Environment: Why All The Fuss?, David A. Wirth
Globalization And The Environment: Why All The Fuss?, David A. Wirth
David A. Wirth
The relationship between globalization and environmental policies presents more nuances than the popular paradigm of free trader versus self-serving protectionists, the familiar model of environmentalist battling greedy polluters, or the outmoded view of a progressive multilateral agenda juxtaposed against a parochial, inward-looking domestic one. This piece sets out a structural and analytical framework for addressing the major issues in the field -- including (1) unilateral trade-based measures to protect the environment; (2) science-based tests applied through trade agreements; (3) disciplines on foreign investment that may have a "chilling effect" on environmental regulation; and (4) the relationship between free trade agreements …
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Michael E Lewyn
PowerPoints for a speech explaining that sprawl in Canada is (1) less extensive than in the USA and (2) caused partially by government regulation.
What Would Coase Do? (About Parking Regulation), Michael E. Lewyn
What Would Coase Do? (About Parking Regulation), Michael E. Lewyn
Michael E Lewyn
American municipalities typically require landowners to provide visitors and guests with ample amounts of parking, in order to prevent externalities such as cruising (drivers wasting gasoline and polluting the air while searching for scarce parking). However, minimum parking requirements may create social harms that outweigh this benefit. By artificially increasing the supply of parking, minimum parking requirements effectively subsidize driving, thus increasing rather than decreasing pollution and congestion.
Keep It Local, Michael E. Lewyn
Keep It Local, Michael E. Lewyn
Michael E Lewyn
Criticizes state-imposed limits on local taxation on the ground that state governments have no legitimate interest in setting local tax rates.
A Tale Of Two School Systems, Michael E. Lewyn
A Tale Of Two School Systems, Michael E. Lewyn
Michael E Lewyn
Explains that suburban schools are more popular than urban schools primarily due to their more socially homogenous student bodies, and suggests that urban school systems seek to retain students through expanded magnet school programs.
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn
Michael E Lewyn
Shows how zoning law in Jacksonville contributes to automobile dependence.
How City Hall Causes Sprawl - A Case Study, Michael E Lewyn
How City Hall Causes Sprawl - A Case Study, Michael E Lewyn
Michael E Lewyn
A book review addressing the city of Atlanta's pro-sprawl transportation, zoning and urban renewal policies.