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Articles 1 - 30 of 162
Full-Text Articles in Land Use Law
A Guide To Urban Planning And Environmentalism, Michael Lewyn
A Guide To Urban Planning And Environmentalism, Michael Lewyn
Scholarly Works
Review of The Sustainable Urban Design Handbook, by Nico Larco, Kaarin Knudson.
How To Teach A Course On Land Use And Anti-Jewish Discrimination, Michael Lewyn
How To Teach A Course On Land Use And Anti-Jewish Discrimination, Michael Lewyn
Scholarly Works
In 2022, I was asked to teach a one-week mini-course within a broader course on "Structural Barriers and the Pursuit of Equity," a course focusing on various forms of structural discrimination. The course is typically taught by over a dozen professors from various parts of Touro University, each of whom teaches for a week on a different topic. I chose to teach on issues related to land use law (because my scholarship focuses on that area) and in particular how land use law has been used by and against traditionally observant Jews (because that is the religious tradition I am …
A Graphic Novel About Housing Policy, Michael Lewyn
A Graphic Novel About Housing Policy, Michael Lewyn
Scholarly Works
A review of Build, Baby, Build by Bryan Caplan
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.
Yes, Low-Income People Do Move, Michael Lewyn
Yes, Low-Income People Do Move, Michael Lewyn
Scholarly Works
One answer to the American housing affordability crisis is for municipalities to allow more housing to be built. Some argue, however, that new housing does not benefit people who seek to remain in their current residence, and that this group is disproportionately poor and/or minority. This article critiques the latter view, pointing out that lower-income households are actually more likely to move because of financial instability.
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.
Incomplete Streets, Michael Lewyn
Incomplete Streets, Michael Lewyn
Scholarly Works
Over 1700 complete streets policies have been adopted by state and local government; these policies typically provide that streets shall be designed to benefit all users, not just motorists. This article analyzes some complete streets policies, and concludes that even above-average policies are often too vague and underfunded to significantly change the status quo. The article suggests a variety of reforms that might make complete streets policies more effective.
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.
Commentary: Dan Mandelker—A Land-Use Legacy Unlike Any Other, Patricia E. Salkin
Commentary: Dan Mandelker—A Land-Use Legacy Unlike Any Other, Patricia E. Salkin
Scholarly Works
It is an honor to share thoughts about the importance of Professor Daniel Mandelker’s legacy to the field of land-use and zoning law. The word “legacy” means, among other things, “something that is part of your history or that remains from an earlier time.” At ninety-two, he was the longest actively teaching land use law professor in the United States. His academic career began in 1949 when he was appointed an Assistant Professor at Drake Law School, with relatively short stints at the University of Indiana Law School and Columbia Law School, followed by his appointment at Washington University School …
Zoning And The Bar Exam, Michael Lewyn
Zoning And The Bar Exam, Michael Lewyn
Scholarly Works
The National Conference of Bar Examiners (NCBE), which develops American bar examinations, recently released a proposed outline of the subjects to be tested on future examinations. NCBE's property outline omits zoning law. This article argues that the NCBE's proposal is unwise, because zoning law is more frequently litigated than many subjects included in the NCBE outline.
New York’S Professor John R. Nolon: A National Leader In Land Use Law With A Large Impact Across The Hudson Valley And The State Of New York, Patricia E. Salkin, Samuel Stewart
New York’S Professor John R. Nolon: A National Leader In Land Use Law With A Large Impact Across The Hudson Valley And The State Of New York, Patricia E. Salkin, Samuel Stewart
Scholarly Works
As Professor John R. Nolon steps down from active law teaching, this article reflects not only on his contributions as a national thought leader in the field, but also on how he has a hand in changing the land use and conservation patterns in New York while promoting affordable housing and combating discrimination.
Intentional Discrimination And Haredi Jews, Michael Lewyn
Intentional Discrimination And Haredi Jews, Michael Lewyn
Scholarly Works
A discussion of case law involving discrimination suits by Haredi Jews, especially in the land use context.
The Case Against The Case For Zoning, Michael Lewyn
The Case Against The Case For Zoning, Michael Lewyn
Scholarly Works
Critiques an article defending zoning. In particular, the article notes that a traditional justification for zoning is that it conserves community character. This argument fails because when people priced out of exclusive neighborhoods move to other areas, they change the character of the receiving area. Similarly, the argument that zoning prevents infrastructure from being overloaded overlooks the fact that if people priced out of one area move to a cheaper area, the latter area's infrastructure is equally burdened. A third argument is that zoning allows local governments to push the costs of growth to developers- but the sluggish growth of …
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.
Intentional Discrimination And Haredi Jews, Michael Lewyn
Intentional Discrimination And Haredi Jews, Michael Lewyn
Scholarly Works
No abstract provided.
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.
The Case Against The Case For Zoning, Michael Lewyn
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.
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, …
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.
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Scholarly Works
No abstract provided.
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 …
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.
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.
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.
Socialists And Housing, Michael Lewyn
Socialists And Housing, Michael Lewyn
Scholarly Works
My review of Capital City by Samuel Stein
Death Need Not Part Owners And Their Pets: Regulating Pet Cemeteries Through Zoning Regulation, Patricia E. Salkin, Sydney Gross
Death Need Not Part Owners And Their Pets: Regulating Pet Cemeteries Through Zoning Regulation, Patricia E. Salkin, Sydney Gross
Scholarly Works
Pet ownership in the United States has grown substantially over the years. In the past, when a family pet died, it was typically buried in the back yard or cremated by the local veterinarian who might return the ashes to the owner if requested. Today the relationship between people and their pets is different. In many cases pets are treated like members of the family, and a growing number of people wish to be buried alongside their pet either in a burial ground for human remains or for animal remains. Others wish to inter their pets in a specially designated …
The Law Of The Eruv, Michael Lewyn
The Law Of The Eruv, Michael Lewyn
Scholarly Works
Describes case law governing municipal regulation of the eruv (an artificial enclosure designed to allow observant Jews to carry on the Jewish Sabbath). The article focuses on First Amendment case law, and concludes that a municipality may prohibit eruvin only pursuant to a regulation that is enforced against comparable secular signs.
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.
Mitigating Climate Change Through Transportation And Land Use Policy, Alejandro E. Camacho, Melissa L. Kelly, Nicholas J. Marantz, Gabriel Weil
Mitigating Climate Change Through Transportation And Land Use Policy, Alejandro E. Camacho, Melissa L. Kelly, Nicholas J. Marantz, Gabriel Weil
Scholarly Works
A number of U.S. state and local governments have adopted strategies for reducing greenhouse gas (GHG) emissions from transportation and land development. Although some have made significant progress in reducing GHG emissions from the power sector, transportation emissions in most states continue to rise. This Article details the range of existing and proposed state interventions to reduce transportation sector GHG emissions, analyzes the trade offs of these strategies, and offers recommendations to improve and supplement such initiatives, including strategic use of planning mandates and funding and technical assistance. Additionally, regulating land use, shifting transportation spending, removing barriers to implementing road …
A Euclid Dissent, Michael Lewyn
A Euclid Dissent, Michael Lewyn
Scholarly Works
In Euclid v. Ambler Realty, the Supreme Court upheld the constitutionality of zoning, including zoning that excluded apartment houses and retail businesses. Although the decision was not unanimous, the Euclid minority did not write a formal dissent. The purpose of this article is to show what such a dissent should have looked like.