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Full-Text Articles in Law

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

The Case Against The Case For Zoning, Michael Lewyn

Scholarly Works

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.


The Euclid Proviso, Ezra Rosser Oct 2021

The Euclid Proviso, Ezra Rosser

Washington Law Review

This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning’s second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market responsive. But, given the ways in which zoning is a foundational part of the racial …


Will Zoning Fix Itself?, Michael Lewyn Jan 2021

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 Jan 2021

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.


Homeowners’ Lived Experience In Developing And Using Accessory Dwelling Units In Ireland, Geraldine Mary Hurley Jan 2021

Homeowners’ Lived Experience In Developing And Using Accessory Dwelling Units In Ireland, Geraldine Mary Hurley

Walden Dissertations and Doctoral Studies

Researchers have explored the role of accessory dwelling units (ADUs) as a form of housing since at least the 1970s. Such exploration has taken place across a number of different disciplines, including gerontology, housing affordability, and urban planning. The literature tends to focus on specific policies, however, rather than on the lived experience of the homeowners impacted by those policies. Ireland’s national and local governments have yet to acknowledge the potential use of ADUs as a contributing solution to ongoing problems with housing supply, housing affordability, and homelessness, despite a government-declared national housing crisis. Formal research on ADUs in the …


Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn Jan 2021

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 Jan 2021

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, …