Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- John Linarelli (14)
- Housing (13)
- Zoning (13)
- Sprawl (7)
- International law (6)
-
- Linarelli (6)
- Nimby (5)
- Density (4)
- New york (4)
- Smart growth (4)
- Suburbs (4)
- WTO (4)
- Cities (3)
- Ethics (3)
- Human rights (3)
- Land use (3)
- Social justice (3)
- Transit (3)
- Urbanism (3)
- Yimby (3)
- Affordable (2)
- Automobiles (2)
- Cold War (2)
- Covid (2)
- Democracy (2)
- Diversity (2)
- General Assembly (2)
- Gentrification (2)
- Housing costs (2)
- Inclusion (2)
Articles 1 - 30 of 78
Full-Text Articles in Law
Do Americans Support More Housing?, Michael Lewyn
Do Americans Support More Housing?, Michael Lewyn
Scholarly Works
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.
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn
Scholarly Works
Numerous states have amended their constitutions to include a green amendment (that is, an amendment providing that the state's citizens have a right to a healthy environment). Unfortunately, the vagueness of these amendments leaves an enormous amount of interpretative power to courts. This article examines how some courts have interpreted green amendments and how these interpretations risk the misuse of green amendments. Additionally, this article examines how such misuse may be avoided.
All The News That’S Fit To Be Identified: Facilitating Access To High-Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopolous
All The News That’S Fit To Be Identified: Facilitating Access To High-Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopolous
Scholarly Works
Roughly half of Americans get some of their news from social media, and nearly two-thirds get some of their news from search engines. As our modern information gatekeepers, these internet companies bear a special responsibility to consider the impact of their platform and site policies on users’ access to high-quality news sources. They should adopt policies that clear the digital pathway between the public and press by facilitating such access. To that end, the companies must first, address the threshold issue of how best to identify high-quality news sources. This article examines factors that would be useful, drawing from legal …
Book Review: Comparative Election Law, Lori A. Ringhand
Book Review: Comparative Election Law, Lori A. Ringhand
Scholarly Works
Review of the book Comparative Election Law by James A Gardner, ed. (Cheltenham: Edward Elgar Publishing, 2022) 544 p.
Using Youtube To Explain Housing, Michael Lewyn
Using Youtube To Explain Housing, Michael Lewyn
Scholarly Works
In 2021, the author ran for Borough President of Manhattan, New York. The author tried to his scholarship into his campaign by producing over twenty Youtube videos, most of which addressed land use and housing policy. The article describes the videos, and evaluates their usefulness.
Presuming Trustworthiness, Ronnell Anderson Jones, Sonja R. West
Presuming Trustworthiness, Ronnell Anderson Jones, Sonja R. West
Scholarly Works
A half-century ago, the U.S. Supreme Court often praised speakers performing the press function. While the Justices acknowledged that press reports are sometimes inaccurate and that media motivations are at times less than public-serving, their laudatory statements nonetheless embraced a baseline presumption of the value and trustworthiness of press speech in general. Speech in the exercise of the press function, they told us, is vitally important to public discourse in a democracy and therefore worthy of protection even when it falls short of the ideal in a given instance. Those days are over. Our study of every reference to the …
Does Democracy Justify Zoning?, Michael Lewyn
Does Democracy Justify Zoning?, Michael Lewyn
Scholarly Works
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.
Which Transportation Technologies Do We Want?, Michael Lewyn
Which Transportation Technologies Do We Want?, Michael Lewyn
Scholarly Works
A review of Todd Litman's book, New Mobilities- Smart Planning for Emerging Transportation Technologies
Moving Toward A Competency Based Model For Fostering Law Students’ Relational Skills, Susan L. Brooks, Marjorie A. Silver, Sarah Fishel, Kellie Wiltsie
Moving Toward A Competency Based Model For Fostering Law Students’ Relational Skills, Susan L. Brooks, Marjorie A. Silver, Sarah Fishel, Kellie Wiltsie
Scholarly Works
Legal education has long been criticized for failing to provide adequate professional training to prepare graduates for legal practice realities. Many sources have lamented the lack of sufficient attention to the range of competencies necessary for law graduates to be effective practitioners and develop a positive professional identity, including those that are intra-personal, such as self-awareness, critical self-reflection, and self-directedness; those that are interpersonal, such as deep and reflective listening, empathy, compassion, cross-cultural communication, and dialogue; and those that engage with the social/systemic dimension of lawyering, such as appreciating the role of multiple identities, implicit bias, privilege and power, and …
Race-Ing Antitrust, Bennett Capers, Greg Day
Race-Ing Antitrust, Bennett Capers, Greg Day
Scholarly Works
Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are differently situated, especially along lines of race, simply is ignored.
We argue that antitrust law must disaggregate the term “consumer” to include those who disproportionately suffer from anticompetitive practices via a community welfare standard. As a starting point, we demonstrate that anticompetitive conduct has specifically been used as a tool …
The Lawyers Justice Corps: A Licensing Pathway To Enhance Access To Justice, Eileen Kaufman
The Lawyers Justice Corps: A Licensing Pathway To Enhance Access To Justice, Eileen Kaufman
Scholarly Works
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, …
Land Costs And New Housing, Michael Lewyn
Land Costs And New Housing, Michael Lewyn
Scholarly Works
Restrictive zoning limits housing supply, which (according to the law of supply and demand) increases housing costs. But some commentators argue that more permissive zoning would actually increase housing costs by increasing land costs. This article points out that if the latter claim was true, land costs would have risen in places that allowed lots of new housing and fallen in more restrictive regions such as San Francisco. In fact, land costs increased in both types of metro areas. More importantly, overall housing costs increased more rapidly in more restrictive metros.
Pedestrians Under Attack, Michael Lewyn
Pedestrians Under Attack, Michael Lewyn
Scholarly Works
A review of Right Of Way by Angie Schmitt
Will Zoning Fix Itself?, Michael Lewyn
Will Zoning Fix Itself?, Michael Lewyn
Scholarly Works
Typically, zoning artificially limits housing supply, thus increasing housing costs. One possible defense of this system is that zoning can fix itself- that is, that when rents and housing costs become unusually high, politicians will deregulate and thus reduce housing costs. This article suggests that such a happy result is unlikely; instead, where housing costs spiral out of control, voters and politicians are likely to make regulation even more strict out of a fear of gentrification.
Yimby And Covid-19, Michael Lewyn
Yimby And Covid-19, Michael Lewyn
Scholarly Works
Discusses whether the COVID-19 pandemic strengthens the case for the pro-housing YIMBY (Yes In My Back Yard) movement.
Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn
Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn
Scholarly Works
Until the late 20th century, the most rigorously traditional Jews, haredi Jews (often referred to as “ultra-Orthodox”) tended to congregate in New York City. But as New York became more expensive and haredi population grew due to high birth rates, some haredi Jews (known collectively as “haredim”) moved to small towns and outer suburbs in search of cheaper land, sometimes creating towns dominated by haredim such as Kiryas Joel, New York and Lakewood, New Jersey. As haredi populations have continued to grow, their households now seek undeveloped land outside these enclaves. But as haredim move deeper into the countryside, zoning …
Downtown Condos For The Rich: Not All Bad, Michael Lewyn
Downtown Condos For The Rich: Not All Bad, Michael Lewyn
Scholarly Works
Some new condominiums in urban neighborhoods are too expensive for anyone but the very wealthy. Buyers of these high-cost units include not only wealthy city residents, but also nonresidents who wish to use housing as an investment rather than a residence. Some commentators use this apparent fact as an argument against new market-rate housing generally; they claim that new housing will be purchased by out-of-town investors rather than used by local residents and that those investors will leave housing units empty, rather than renting them out. A related argument is that, even if market-rate condos are purchased by local residents, …
The Limits Of Equity, Michael Lewyn
The Limits Of Equity, Michael Lewyn
Scholarly Works
"Equity" is a common buzzword in urban planning circles. However, nearly any land use decision can be justified as more equitable than the alternatives.
Subways And Covid-19: A Literature Review, Michael Lewyn
Subways And Covid-19: A Literature Review, Michael Lewyn
Scholarly Works
Discusses a variety of articles and blog posts which address the impact (or lack thereof) of the New York subway system upon the COVID-19 pandemic.
Access Law Schools & Diversifying The Profession, Deseriee A. Kennedy
Access Law Schools & Diversifying The Profession, Deseriee A. Kennedy
Scholarly Works
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 …
Socialists And Housing, Michael Lewyn
Socialists And Housing, Michael Lewyn
Scholarly Works
My review of Capital City by Samuel Stein
Make New York Affordable Again, Michael Lewyn
Make New York Affordable Again, Michael Lewyn
Scholarly Works
Suggests a package of zoning reforms to hold down New York City housing costs, and responds to counterarguments.
Do You Believe In Ghost Apartments?, Michael Lewyn
Do You Believe In Ghost Apartments?, Michael Lewyn
Scholarly Works
According to the popular press, expensive cities are being overrun by "ghost apartments"- condominiums owned by wealthy foreigners, but used as investments rather than being rented out to local residents. This article points out that such apartments are in fact a very small percentage of housing supply, even in some cities that are supposedly overran with such condos.More importantly, the existence of new “ghost apartments” does not justify exclusionary zoning policies. If a city popular with foreign investors discourages construction of new housing, investors are likely to purchase older housing units, outbidding local residents for those units. In this scenario, …
Defining Law, Tal Kastner
Defining Law, Tal Kastner
Scholarly Works
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 …
Are Wide Streets Negligent?, Michael Lewyn
Are Wide Streets Negligent?, Michael Lewyn
Scholarly Works
American commercial streets are typically designed to encourage rapid automobile traffic, thus making streets unsafe for pedestrians. In the 2016 case of Turturro v. City of New York, the New York Court of Appeals upheld a jury verdict against a city for failing to slow down such traffic. This article describes Turturro, but shows how limited its holding was: the Turturro court emphasized a city's failure to study traffic calming, so if a city studies its options adequately it can avoid liability even if its policies are unsuccessful.
Book Review: Not Enough: Human Rights In An Unequal World, Harlan G. Cohen
Book Review: Not Enough: Human Rights In An Unequal World, Harlan G. Cohen
Scholarly Works
Review of the book Not Enough: Human Rights in an Unequal World. By Samuel Moyn. Cambridge, Massachusetts, Harvard University Press 2018. Pp. ix, 220. Index.
The Role Of Fault In § 1983 Municipal Liability, Michael Wells
The Role Of Fault In § 1983 Municipal Liability, Michael Wells
Scholarly Works
Under Monell v. Department of Social Services, local governments are not vicariously liable for constitutional violations committed by their employees. Those governments, however, are liable under 42 U.S.C. § 1983 for violations committed by "policymaking" officials. In the face of these two principles, courts have struggled with cases in which an underling commits a constitutional violation and the claim of municipal liability is based on a policymaker's failure to prevent it. The government can be liable in these "indirect-effect" cases for a policymaker's "deliberate indifference" to safeguarding constitutional rights, a standard that demands an even greater showing of culpability than …
The Rise Of Market Urbanism, Michael Lewyn
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.
Navigating Law Librarianship While Black A Week In The Life Of A Black Female Law Librarian, Shamika Dalton
Navigating Law Librarianship While Black A Week In The Life Of A Black Female Law Librarian, Shamika Dalton
Scholarly Works
No abstract provided.
Explaining Market Urbanism, Michael Lewyn
Explaining Market Urbanism, Michael Lewyn
Scholarly Works
Compares Market Urbanism to New Urbanism and Landscape Urbanism