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Full-Text Articles in Law
2007 Cnu Blog Posts, Michael Lewyn
2007 Cnu Blog Posts, Michael Lewyn
Michael E Lewyn
Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary, William Leaf, Michael Lewyn
Internally Buffered Districts: A New Technique To Make Zoning Less Exclusionary, William Leaf, Michael Lewyn
Michael E Lewyn
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
Donald J. Kochan
Book Review: Edward L. Glaeser, Triumph Of The City: How Our Greatest Invention Makes Us Richer, Smarter, Greener, Healthier, And Happier (The Penguin Press 2011), David J. Reiss
David J Reiss
It is always a bit unnerving to read someone else’s love letters, but even more so, when you have the same object of desire. Edward Glaeser’s TRIUMPH OF THE CITY is a love letter to cities and to New York City in particular. Glaeser provides a theoertical framework of the city, arguing that “Cities are the absence of physical space between people and companies. They are proximity, density, closeness.”
Glaeser prescribes three simple rules to protect the vitality of the urban environment: First, cities should replace the current lengthy and uncertain permitting process with a simple system of fees. Second, …
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.
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.
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Donald J. Kochan
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …
Planners Gone Wild: The Overregulation Of Parking, Michael E Lewyn, Shane Cralle
Planners Gone Wild: The Overregulation Of Parking, Michael E Lewyn, Shane Cralle
Michael E Lewyn
A review of Donald Shoup's book, The High Cost of Free Parking (to be published in William Mitchell Law Review).
Watts My Line? Energy Generation Siting Strategies For Urban Areas, Caleb W. Christopher
Watts My Line? Energy Generation Siting Strategies For Urban Areas, Caleb W. Christopher
Caleb W Christopher
The growth of urban areas has historically been both constrained and encouraged by energy and related infrastructure. Varying degrees of regulation have been sought to respond to compelling public safety needs: more recently, modern environmental law system was derived from public conflicts over siting of an energy plant. While the greater urban density offers reduced per-capita energy consumption rates, contemporary urban revitalization has brought a greater amount of people into closer contact with their energy sources. The unique geography, and increased securities needs, of urban areas demand both reliability and local proximity in energy source production. Urban siting issues will …
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Mark Fenster