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Full-Text Articles in Law
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.
No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman
No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman
Michael E Lewyn
This article focuses on two aspects of smart growth policy that have thus far received little attention: maximum parking and minimum density requirements. To ascertain the frequency of such regulations, we examine the zoning regulations of twenty-four mid-sized cities, defined as those with populations between 500,000 and one million residents. The article concludes that the first type of regulation is somewhat common, but is usually restricted to certain types of land uses or sections of a city. Minimum density requirements, by contrast, are quite rare and quite lenient. Because these types of regulations have received little scholarly attention and are …
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.
Yes To Infill, No To Nuisance, Michael Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
Michael E Lewyn
Criticizes attempts to use nuisance law to prevent infill development.
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding
Dillon A Redding
This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried …
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
Victor B Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …
How To Make America Walkable, Michael Lewyn
How To Make America Walkable, Michael Lewyn
Michael E Lewyn
Review of Walkable City, by Jeff Speck
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.
The Commons, Capitalism, And The Constitution, George Skouras
The Commons, Capitalism, And The Constitution, George Skouras
George Skouras
Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.
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.
Judaism And Urbanism: Jewish Communities React To Suburbanization, Michael Lewyn
Judaism And Urbanism: Jewish Communities React To Suburbanization, Michael Lewyn
Michael E Lewyn
This speech addresses both how Jews should react to suburbanization and how they in fact have reacted in a variety of metropolitan areas.
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"
Regulatory Takings: Survey Of A Constitutional Culture, James Valvo
Regulatory Takings: Survey Of A Constitutional Culture, James Valvo
James Valvo
Fifth Amendment property protections under the Takings Clause have grown increasingly contentious as governing entities have used regulations to limit what property owners can do with their land. This paper profiles regulatory takings jurisprudence from Pennsylvania Coal, to Penn Central, to Nollan and Dolan, and Tahoe-Sierra. The paper also examines conceptual constructs that have shaped the field’s evolution, including: the doctrine’s origin, the nuisance exception, the changed circumstances argument, unconstitutional conditions, temporary takings and the denominator problem.
Do Not Disturb: A Practical Guide For What Not To Do Around Cemeteries And Human Remains For The Louisiana Energy And Land Use Practitioner, Ryan M. Seidemann
Do Not Disturb: A Practical Guide For What Not To Do Around Cemeteries And Human Remains For The Louisiana Energy And Land Use Practitioner, Ryan M. Seidemann
Ryan M Seidemann
No abstract provided.
How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann
How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann
Ryan M Seidemann
No abstract provided.
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.
American Stewardship: A Path Already Laid (Conference Draft), Colin W. Maguire
American Stewardship: A Path Already Laid (Conference Draft), Colin W. Maguire
Colin W. Maguire
The United States of America continues to be a global leader in many economic and social areas. However, the environmental movement has been given a lukewarm response in America. Far from being a global leader, the United States lags behind in the implementation of green building technology, efficient automobile use, and renewable energy technology. It is a tragedy that is slowly being addressed but one that is often an issue divided along political lines. American conservatives, whether calling themselves Republicans, Libertarians, or Independents, often lament the progressive underpinnings of the green movement and fail to give full support to green …
Sprawl In Canada And The United States, Michael Lewyn
Sprawl In Canada And The United States, Michael Lewyn
Michael E Lewyn
The purpose of this Article is to ascertain whether (1) suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) Canadian government policies, and in particular Canadian zoning law and transportation policies, encourage sprawl. The article concludes that Canadian metropolitan areas are in fact somewhat less sprawling than most of their American counterparts, but that in Canada, as in the United States, government land use regulation and government transportation policy do favor sprawl to some extent. For example, in both nations municipal zoning regulations, by limiting density and forcing landowners to build parking lots, …
At War With The Environment, David A. Wirth
At War With The Environment, David A. Wirth
David A. Wirth
In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.
Regulated Into Automobile Dependence: How City Hall Mandates Sprawl And What Planners Can Do About It, Michael E. Lewyn
Regulated Into Automobile Dependence: How City Hall Mandates Sprawl And What Planners Can Do About It, Michael E. Lewyn
Michael E Lewyn
A brief (about 20-minute) speech explaining why government regulation promotes automobile-dependent development.
Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater
Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater
Zygmunt J.B. Plater
America’s reentry into the Coal Age has been one of the major consequences of the Mideast oil-producing nations’ discovery of their collective marketing power, and in this new emphasis on coal the United States is not alone. Like the United States, many industrialized nations with domestic coal reserves had allowed their coal industries to languish under the influence of low-priced, petroleum based energy economy and are now hastening to strengthen their coal production. Different nations approach the regulation of their resurgent coal industries in varying ways, however, and these differences can be instructive to American observers, particularly as they relate …
Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn
Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn
Michael E Lewyn
A symposium piece on my use of field trips and guest speakers in my seminar on sprawl and the law.
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.
Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn
Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn
Michael E Lewyn
A discussion of my use of field trips and guest speakers in my seminar on sprawl and the law.
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.
Sprawl In Canada And The United States, Michael E. Lewyn
Sprawl In Canada And The United States, Michael E. Lewyn
Michael E Lewyn
The purpose of this paper is to ascertain (1) whether suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) whether Canadian government policies, and in particular Canadian municipal land use and transportation policies, encourage sprawl. The thesis concludes that sprawl is less widespread in two respects. First, Canadian central cities have not declined to the same extent as American central cities. Second, urban and suburban Canadians are less dependent on automobiles than are Americans. The thesis goes on to point out that in Canada, as in the United States, government land use and …
A Libertarian Smart Growth Agenda, Michael E. Lewyn
A Libertarian Smart Growth Agenda, Michael E. Lewyn
Michael E Lewyn
Discusses a variety of policies that both limit sprawl and enhance, rather than reducing, landowners' property rights.