Open Access. Powered by Scholars. Published by Universities.®

Transportation Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Touro University Jacob D. Fuchsberg Law Center

Articles 1 - 22 of 22

Full-Text Articles in Transportation Law

Green Amendments Land Use And Transportation: What Could Go Wrong?, Michael Lewyn Jan 2024

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.


Incomplete Streets, Michael Lewyn Jan 2024

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.


New Scholarship On Streets, Michael Lewyn Jan 2023

New Scholarship On Streets, Michael Lewyn

Scholarly Works

An article discussing numerous recent articles in legal journals discussing the rise in automobile-related death and injury in the United States.


Using Youtube To Explain Housing, Michael Lewyn Jan 2023

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.


Which Transportation Technologies Do We Want?, Michael Lewyn Jan 2022

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


Pedestrians Under Attack, Michael Lewyn Jan 2021

Pedestrians Under Attack, Michael Lewyn

Scholarly Works

A review of Right Of Way by Angie Schmitt


Mitigating Climate Change Through Transportation And Land Use Policy, Alejandro E. Camacho, Melissa L. Kelly, Nicholas J. Marantz, Gabriel Weil Jan 2019

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 …


Are Wide Streets Negligent?, Michael Lewyn Jan 2019

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.


Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil Jan 2018

Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil

Scholarly Works

Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current "pledge and review" paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …


Explaining Market Urbanism, Michael Lewyn Jan 2018

Explaining Market Urbanism, Michael Lewyn

Scholarly Works

Compares Market Urbanism to New Urbanism and Landscape Urbanism


Engineering Standards In Highway Design Litigation, Michael Lewyn Jan 2018

Engineering Standards In Highway Design Litigation, Michael Lewyn

Scholarly Works

Highway engineers sometimes believe that if they redesign streets to improve pedestrian safety (for example, by introducing traffic calming techniques) they might be successfully sued for negligent design by motorists. This chapter suggests that in such situations, governments are likely to be protected by discretionary function immunity. In addition, the chapter discusses a variety of technical issues.


Bicycle-Friendly Policies, Michael Lewyn Jan 2018

Bicycle-Friendly Policies, Michael Lewyn

Scholarly Works

A review of Copenhagenize by Mikael Colville-Andersen


Robocar Risks, Michael Lewyn Jan 2017

Robocar Risks, Michael Lewyn

Scholarly Works

Suggests that policymakers should not widen roads or stringently enforce anti-jaywalking laws in order to accommodate autonomous vehicles.


Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen May 2014

Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen

Touro Law Review

No abstract provided.


Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney Dec 2012

Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney

Touro Law Review

Sex offenders are among the most loathed and detested members of our society. Over the past fifteen years, communities have zealously passed laws restricting the rights of sex offenders. These laws mandate that sex offenders register with authorities and severely limit where sex offenders may reside. This legislation is designed to foster an important goal: to protect the health and safety of children from possible recidivism from sex offenders. In 2007, the Town Board of Huntington, New York, passed a law barring sex offenders from renting or leasing accessory apartments within the Town. The health and safety of the town's …


How Suburbia Happened In Toronto, Michael Lewyn Jan 2011

How Suburbia Happened In Toronto, Michael Lewyn

Scholarly Works

No abstract provided.


Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Haishun Jan 1998

Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Haishun

Touro Law Review

No abstract provided.


Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele Jan 1998

Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele

Touro Law Review

No abstract provided.


The Commerce Clause Quartet, Martin A. Schwartz Jan 1995

The Commerce Clause Quartet, Martin A. Schwartz

Touro Law Review

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Pre-Emption Of Local Law By State Legislature Jan 1991

Pre-Emption Of Local Law By State Legislature

Touro Law Review

No abstract provided.