Wednesday, January 20, 2016

March 17-19: Missoula, MT: Bill Lane Center for the American West: Rural West Conference: People and Place in the Rural American West

I spoke at this conference last year; it's worth attending if you're in the area.

 

 

 
Dear , 
The Bill Lane Center for the American West at Stanford University will be hosting the Spence and Cleone Eccles Family Rural West Conference from March 17-19, 2016 at the University of Montana in Missoula.
The Rural West Conference is interdisciplinary, bringing together academics, lawyers, journalists, and policymakers to share knowledge and ideas about the Rural West. Attendees represent the small handful of people at their universities and organizations who work on rural issues, and the Rural West Conference has become a forum for engaging and energizing work. And we are excited to be holding this year's conference in the scenic Rocky Mountain West.
This year's conference theme is "People and Place in the Rural American West." The interconnected relationship between people and place is a defining characteristic of the rural American West. The way people experience the American West is closely connected to their sense of the West as a physical place: large coastal cities, small mountain towns, agricultural valleys, and vast stretches of uninhabited terrain. And this relationship continues to shape our understanding of the region's past, present, and future. Through panels addressing rural public opinionhousing and homelessnesshealth care and accesstribal law and policy, and public lands and natural resources, the conference seeks to revisit this basic question: how has the relationship between people and place continued to define the rural American West and its communities?
 
If you have any questions, please contact John J. Dougherty at jdougher@stanford.edu.
We look forward to seeing you at Rural West 2016!
ORGANIZERS
            
John J. Dougherty, Ph.D.
Postdoctoral Scholar
The Bill Lane Center for the American West
Stanford University
jdougher@stanford.edu

NOW IN PRINT: RURAL WEST CONFERENCE BOOK

Bridging the Distance

Common Issues of the Rural West

Edited by David B. Danbom
Foreword by David M. Kennedy

Published in cooperation with the Bill Lane Center for the American West, Stanford University
 
The University of Utah Press has published Bridging the Distance, a book by the Rural West Initiative of the Bill Lane Center for the American West. Edited by the distinguished historian David B. Danbom and with a foreword by Center co-founding director David M. Kennedy, the book explores the Rural West across four dimensions: Community, Land, Economics - and defining the Rural West itself. The book is the result of work presented at the firstConference on the Rural West, which took place in Ogden, Utah, in October 2012.
 
 
 
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January 20, 2016 | Permalink | Comments (0)

Tuesday, January 19, 2016

UCLA School of Law’s Emmett/Frankel Fellowship in Environmental Law and Policy

UCLA School of Law’s Emmett Institute on Climate Change and the Environment is now accepting applications for the UCLA Emmett/Frankel Fellowship in Environmental Law and Policy for the academic years 2016-2018. This fellowship is a full-time, two-year faculty position beginning in July 2016. The position involves policy and legal research and writing, assisting with projects such as conferences and workshops, and teaching.

The Emmett Institute on Climate Change and the Environment is dedicated to creating and advancing law and policy solutions to climate change and other environmental challenges, and to training the next generation of leaders to address these issues. The program fosters informed debate and analysis to educate the public, policymakers, business leaders, and others on critical environmental issues.

The Fellow will work on issues relating to environmental law and policy, including climate change, and will generate policy-oriented publications and other products for the Institute, in collaboration with UCLA Law faculty. The Fellow will also assist the Institute’s Executive Directors with projects relating to the Institute’s work, including organizing conferences, workshops, public education and outreach efforts, and other events. In addition to these responsibilities, which will continue year-round, the Fellow will take on teaching responsibilities in environmental law topics.

Candidates should possess a J.D. (or equivalent law degree), earned within the past several years or expected in the spring of 2016; a strong academic record; excellent analytical and writing skills; and demonstrated interest and background in environmental law or policy. Previous experience in law practice or clinical instruction is preferred but not necessary. The salary is anticipated to be approximately $67,000 per year plus a competitive benefits package. UCLA School of Law has a special interest in enriching its intellectual environment through further diversifying the range of perspectives represented within the faculty.

Applicants should apply at https://recruit.apo.ucla.edu/apply/JPF01930. Please submit online a letter discussing qualifications and interests, a resume, a law school transcript, and contact information for three references.

Applications will be accepted on a rolling basis through February 26, 2016 or until the post is filled.

Visit our website at www.law.ucla.edu/emmett for more information about our program.

The University of California is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age or protected veteran status. For the complete University of California nondiscrimination and affirmative action policy, see: UC Nondiscrimination &
Affirmative Action Policy.at http://policy.ucop.edu/doc/4000376/NondiscrimAffirmAct.

January 19, 2016 | Permalink | Comments (0)

Monday, January 18, 2016

Pace Land Use Law Center - Winter 2016 Newsletter

 

 
View this email in your browser
 

Celebrating 100 years of Zoning
 

Zoning, broadly defined, is the primary tool we use to determine the quality and quantity of what is developed and what is conserved on the American landscape. 2016 is zoning’s 100th anniversary. Its past achievements and future challenges were the focus of our annual land use conference in December. What we learned from that conference and our quarter century of experience will be explored in a number of posts in the Land Use Prof Blog.

 
Reflecting on the Past, Planning for the Future
Celebrating 100 years of Zoning
 
The Land Use Law Center held its 14th Annual Land Use and Sustainable Development Conference on December 11, 2015. The sold-out event was packed with eight sessions on various land use topics of regional significance.  Governor Parris N. Glendening (pictured left), President of Smart Growth America's Leadership Institute, was the luncheon keynote speaker and the morning plenary includedDon Elliot, FAICP, Dwight H. Merriam, Esq.,Professor John R. Nolon, Dean Patricia E. Salkin, andProfessor Michael A. Wolf who discussed the transformative land use, zoning, and sustainable development laws and policies that have shaped the nation and the region, including a historical look at zoning.
 
Honoring Alfred B. DelBello
 
In honor of Alfred B. DelBello, the Center has dedicated the Annual Conference to his legacy.  Mr. DelBello was instrumental in creating many significant and lasting land use initiatives during his tenure as Mayor of Yonkers, Westchester's County Executive, New York's Lieutenant Governor, and as an innovative legal practitionera career of over four decades of innovation and accomplishment.
 

Removing Barriers to Solar
 

As part of Solarize Westchester, the Center released a guidance document on removing regulatory barriers to solar permit implementation.  Westchester communities can receive free assistance with implementation from the Center as part of the project.

 

 Planning & Law Division Creates Opportunity for Pace Law Students

The Land Use Law Center’s Senior Staff AttorneyJennie Nolon Blanchard serves as Chair of thePlanning & Law Division (PLD)—one of the largest divisions of the 40,000-member American Planning Association—creating opportunities for Pace students to gain experience and learn about the intersection of planning and law. PLD selected second-year Pace Law student Leonard Cohen as its 2015-16 Daniel J. Curtin Fellow, marking the first time a Pace student has been awarded this fellowship. Jennie also serves as Editor-in-Chief of the PLD’s newsletter, Planning & Law, for which she has created a Student Editorial Board run entirely by Pace Law students.

 
Protecting the Environment Through Land Use Law
 
 A new book by Prof. John R. Nolon, "Protecting the Environment Through Land Use Law: Standing Ground", takes a close look at the historical struggle that local governments face balancing land development with natural resource conservation.  For more details and ordering information click here.
 
 
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January 18, 2016 | Permalink | Comments (0)

Sunday, January 17, 2016

Ordeal in Levittown

The Library of America has a free subscription e-mail list that delivers a weekly story or article from its collection.  This week, the story was a piece of reportage about a black family moving into Levittown, Pennsylvania.  The short article is remarkable and tells the haunting story of the first black couple that moved into a Levittown.  It might pair well in with teaching Shelley v. Kraemer.

The full story is here:  http://storyoftheweek.loa.org/2016/01/ordeal-in-levittown.html.

January 17, 2016 | Permalink | Comments (0)

Saturday, January 16, 2016

Fixing failed regional transportation planning

I wrote an op-ed yesterday in the Idaho Statesman about Boise's failure to integrate land use and transportation planning.  Boise is a rare city in that its roads are owned by a regional agency, the Ada County Highway District, which might be the poster child for what can go wrong with regionalism.  An excerpt is below:

Here is the crux of the problem. [The Ada County Highway District] purports to have “exclusive jurisdiction” over all the roads. However, when ACHD does its transportation analysis, all it considers is how many vehicles are going down that road as compared to how many vehicles it believes that road can handle. It seldom considers pedestrians and bikes, and never considers noise, effects on neighboring property values, or how other nearby landowners and their property rights are affected by the transportation from a particular project. In the language of planning, those are the “land use effects of transportation,” and in ACHD’s mind, that is the purview of the city. However, at the city, staff, the developers and everyone else will tell you that the city does not own the roads, and thus, the city cannot impose any mitigations on those roads owned by ACHD. In short: None of the land use effects of transportation are ever mitigated because of this broken system.

This result is bad for all. It is bad for the agencies because developers play ACHD and the city off each other; at ACHD, they say that land use effects of traffic are for the city to decide, but at the city, they say that the city has no jurisdiction over roads. It is bad for developers because the city can require a traffic mitigation as a condition of approval that ACHD refuses to implement, which leaves a developer without a usable entitlement. It is also bad for the community because the land use effects of transportation are the ones that affect the community the most.

The whole op-ed is here.

January 16, 2016 | Permalink | Comments (0)

Thursday, January 14, 2016

Zoning’s Centennial, Part 2: The Delegation of Legal Authority to Adopt Zoning: A Series by John R. Nolon

[This post is part of an on-going series on the 100th anniversary of the first zoning law.  Links to previous posts in this series are at the bottom of this post.

Zoning’s Centennial

John R. Nolon

Distinguished Professor of Law, Pace Law School

Counsel, Land Use Law Center

 

The Delegation of Legal Authority to Adopt Zoning

 

January 18, 2016

In my last post, I explained that 2016 is zoning’s centennial and discussed the circumstances of its adoption in New York City, ending with a comment on the need for state-adopted zoning enabling acts to empower local governments to enact land use regulations. Following New York City’s action, zoning spread quickly.  By the mid-1920s, over 500 local governments had adopted comprehensive zoning laws.  Their authority to do so was granted by enabling acts originally drafted by the federal government and then adopted by their state legislatures. 

Although the federal government has limited power to regulate local land uses, it has an important role to play in enabling, guiding, and assisting local governments to exercise their delegated power wisely. Zoning’s story illustrates the powerful influence that the federal government can wield if it plays this facilitative role strategically.  In the case of zoning’s adoption, the story involves the federal Department of Commerce.

As Secretary of Commerce under presidents Harding and Coolidge in the 1920s, Herbert Hoover paved the way for the rapid adoption of zoning. Hoover noted “Our cities [do] not produce their full contribution to the sinews of American life and national character” and these “moral and social issues can only be solved by a new conception of city building.”  His response was to appoint two advisory committees: one to write a standard building code and another to draft model zoning and planning statutes to be adopted by the states, in their discretion.

The latter committee was called the Advisory Committee on City Planning and Zoning; it appointed a subcommittee on laws and ordinances, which produced a final draft of a 17-page enabling statute called A Standard State Zoning Enabling Act Under Which Municipalities Can Adopt Zoning Regulations (“SZEA”). The draft was released by the Commerce Department on September 15th, 1922. It contained nine sections, including the grant of zoning power to local governments; a provision that the local legislature could divide the city into districts, or zones; a statement of zoning’s purposes; the creation of a zoning board of appeals, and procedures for establishing, waiving, and amending those regulations. By the end of 1927, over half of the states had adopted some form of the SZEA. 

The success of the SZEA paved the way for another act, A Standard City Planning Enabling Act (“SCPEA”), intended as a companion to the SZEA, which requires that zoning conform to a comprehensive plan. The SCPEA was to provide for the creation of such plans and to effect the coordinated and harmonious development of cities. It covered several major topics:  

  • the adoption of and recommended content of a “master” plan;
  • the creation and operation of a planning commission;
  • the adoption of a street plan, or official map;
  • involvement of the planning commission in approving public improvements;
  • planning for the subdivision of land into marketable parcels; and
  • the voluntary creation of a regional planning commission and a regional plan.

After its publication in 1928, the SCPEA was not as widely implemented by state legislatures as was the SZEA. Some felt that a city-wide zoning ordinance embodied a sufficient comprehensive plan and that a separate plan was not needed and then, of course, land development and land use planning largely ceased from the stock market crash in 1929 to the end of World War II in the mid-1940s.

All 50 states have adopted some form of the SZEA and most have adopted a version of the SCPEA. In many of these states, the initial enabling acts were virtual verbatim versions of the Commerce Department’s drafts and a surprising number of them retain a significant amount of that original content today. The standard acts recognized the political nature of controlling private land use and the great diversity among municipalities in every state; as a result their provisions are largely voluntary. Under their terms, zoning and comprehensive plans may be adopted. The American land use system today largely retains this opt-in feature.

The original approach to zoning and planning raises many questions:

  • how can a system of law that relies on localities with limited geographical jurisdictions properly serve the needs of larger regions;
  • was it wise to separate land uses into prescribed districts, within which standards must be uniform;
  • did such uniformity unduly constrain the organic process of growth and produce an artificial settlement pattern;
  • how can the flexibility needed to respond to unique market and geographical conditions be realized under such a rigid system of law;
  • did zoning protect the urban poor and public health by preventing congestion, overcrowding, and blight, or is it overly protective of property investment and values;
  • was is it prudent to empower locally-elected legislators to adopt land use regulations without mandating the adoption of a comprehensive plan prepared by a less political body; and, of course,
  • was the separation of land uses into districts constitutional: did it violate landowners’ due process or equal protection rights or was it a taking of property without just compensation?

There was much to be worked out as zoning entered its second decade in 1926, when the latter question reached the U.S. Supreme Court.

For more information, see Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1345450.

Links to previous posts in the Zoning's Centennial series:

Part 1:  The Need for Public Regulation of Land Use – The First Comprehensive Zoning Law

 

January 14, 2016 | Permalink | Comments (0)

Wednesday, January 13, 2016

Can being an Airbnb host get you kicked out of a rent-controlled apartment? Yep.

A California appellate court ruled today that a rent-controlled tenant engaging in Airbnb short-term rentals violated terms of a lease that required compliance with all laws, and thus the tenant could be evicted, where such short-term rentals were illegal in the tenant's Los Angeles zoning district.  The case, Chen v. Kraft, is available here.

Hat tip to Robert H. Thomas, who alerted me to the case.

January 13, 2016 | Permalink | Comments (0)

Georgetown seeks Fellow for Housing and Community Development Clinic

Georgetown is seeking a transactional attorney to supervise students as a Fellow in its Housing and Community Development clinic.  I am including below the ad we have posted.  If you are interested or know someone who might be, please contact me.

Fellow ‑ Georgetown University Law Center-Housing and Community Development Clinic.  2‑year fellowship at Georgetown University Law Center leading to an  LL.M. in advocacy; the stipend for 2016-2017 is at least $53,500 (taxable) plus health and dental benefits.  The Fellow will supervise 2nd and 3rd year law students working on affordable housing transactions, including acquisitions and renovations.  The Fellow will also assist in the teaching of a weekly seminar.  Required: minimum 2 yrs. legal experience with background in transactional housing and/or business matters.  Spanish language ability is a plus.  Admission, or ability to waive into the DC Bar is required.   Send letter of interest and resume by 2/15/16 to Professor Michael Diamond, Georgetown University Law Center, 600 New Jersey Avenue NW, Suite 102, Washington., DC 20001 or by email to diamondm@law.georgetown.edu <mailto:diamondm@law.georgetown.edu> .  Applications will be reviewed as received. 

January 13, 2016 | Permalink | Comments (0)

If you can make a hip-hop musical about eighteenth century cabinet meetings, surely you can make one about great land use face-offs, right?

While in NYC for AALS, I went to see the musical Hamilton with an old friend, "Doctor C."  It was remarkable; I just can't imagine any high school American history teacher trying to talk about the origins of the first bank of the United States without referring students to this "cabinet meeting cum hip-hop battle" from the musical:

 

 

Presumably a land use-based hip-hop musical starring Robert Moses and Jane Jacobs isn't far behind?

January 13, 2016 | Permalink | Comments (0)

Monday, January 11, 2016

June 27 - July 1: Study Space IX: Revaluing the City: Land, Infrastructure and the Environment as a Catalyst for Change: Cape Town, South Africa

The Center for the Comparative Study of Metropolitan Growth at Georgia State University College of Law is accepting applications for a weeklong workshop in Cape Town, South Africa focused on balancing issues of urban growth with income inequality and economic exclusion.  Study Space IX, Revaluing the City:  Land, Infrastructure and the Environment as a Catalyst for Change, will take place June 27-July 1, 2016 and is being organized with the University of Cape Town’s African Center for Cities.

The cost of the program is $1300 and includes scheduled group meals (listed in the schedule), speaker honoraria and site visits.  Hotel (estimated at $550 for the week with breakfast daily), airfare, and airport ground transportation must be purchased separately.  Some scholarships to help offset the program fee are available, but early application is encouraged.

Attached is the program brochure, which details the schedule and expectations of participants.  You may also find more information online at:   http://law.gsu.edu/centers/metro-growth/programs/study-space-ix-cape-town/

Applications are due March 6, 2016 but early application is encouraged as space is limited and the visa process may be lengthy for some participants.  Apply online at https://insidelaw.gsu.edu/study-space/

If you have any questions or are interested in a scholarship, please contact Karen Johnston at kjohnston3@gsu.edu.

Download Study Space Cape Town Brochure

January 11, 2016 | Permalink | Comments (0)

Friday, January 8, 2016

May 2​6-27: SABIN COLLOQUIUM ON INNOVATIVE ENVIRONMENTAL LAW SCHOLARSHIP

SABIN COLLOQUIUM ON INNOVATIVE ENVIRONMENTAL LAW SCHOLARSHIP
Columbia Law School
New York, New York
May 2​6-27, 2016​

This ​4th​ Annual Sabin Colloquium will allow junior environmental law scholars to present early-stage work and receive constructive feedback from a panel of senior scholars and from each other.
Eligible applicants are pre-tenure professors, fellows, visiting assistant professors, and other junior scholars in similar academic positions. Papers on environmental law, energy law, natural resources law or water law are eligible. No junior scholar may participate in the Colloquium more than twice.

The panel will select the proposals for discussion based on the degree of innovation they exhibit, the extent to which they point toward practical solutions to environmental problems, and whether, based on the scholarly and analytical quality of the proposals, they are likely to lead to high-quality work products.

To enter, please submit a cover letter, an outline or concept paper of 5 -15 double-spaced pages, and a C.V. to sabincolloquium@law.columbia.edu by March 1. If an article has already been drafted, please just submit a summary of no more than 15 pages. Footnotes are not expected. Articles that have already been accepted for publication are not eligible. This event is for early-stage work that can still be significantly shaped by the discussion at the Colloquium.

Authors of selected papers will be notified by March 30. All Colloquium participants will be expected to participate in the full program (the afternoon and evening of May 2​6​, and all day on May 2​7​) and to read and comment on each others’ proposals. Thanks to the generosity of Andrew Sabin, the travel costs of all participants will be reimbursed.

The senior scholars who will be judging this year's competition and participating in the workshop will be:

​Robin Kundis Craig -- ​University of Utah College of Law
​John Dernbach -- ​Widener University Law School
Michael Gerrard -- ​Columbia Law School
​Hari Osofsky -- University of Minnesota Law School

January 8, 2016 | Permalink | Comments (0)

Thursday, January 7, 2016

March 9-11: Rocky Mountain Land Use Institute Conference: Western Places/Western Spaces: Examining the Past, Exploring the Future

 
  2016 Rocky Mountain Land Use Institute Conference
 


When making resolutions, do you look back to see what lessons you've learned in the past year to help guide your choices for the future?

That's what RMLUI will be doing at this year's conference, Western Places/Western Spaces: Examining the Past, Exploring the Future, being held March 9, 10 & 11.

This year marks the 25th anniversary for RMLUI and our annual land use conference, and we'd like you to be part of it. Register today for this landmark event.

The 2016 RMLUI Conference will address the transformative land use legal and policy developments in the Rocky Mountain West that have influenced the shape of our communities today. We will also explore the trends and innovations—like demographic shifts, climate change, and economic forces—that are likely to affect the future of the West.

 

We are very excited to announce that our keynote speaker for 2016 is Peter Calthorpe, a founding member of the Congress for New Urbanism and author of Urbanism in the Age of Climate Change. He is a pioneer in urban planning, promoting the idea of sustainable communities and developing the concept of transit oriented development. He was also the recipient of the Urban Land Institute's "J.C. Nichols Prize for Visionaries in Urban Development” in 2006.

Additional highlights of the conference include:

  • On Wednesday, March 9 we are offering an optional workshop on Linking Land Use & Water: Tools to Grow Water-Smartadd it to your conference registration or attend as a stand alone event.
  • Former Colorado Justice Gregory Hobbs will present Thursday's plenary lunch talk on water issues in the West.
  • Friday's plenary lunch will feature Warm Cookies of the Revolution with examples of how they are reinventing civic dialogue.
  • Two Tours: The Renaissance of Denver's 5 Points Neighborhood and an urban walking tour with WalkDenver.
  • A featured track on Exploring the Past, Examining the Future will review the major land use and planning issues from the past 25 years and speculate on what the future holds for the West.

We are looking forward to this year's event, and hope that you'll join us in Denver March 9-11 for Western Places/Western Spaces.

Click HERE for a current program to learn more about these highlights and the many other sessions we've got lined up for you.

Click Here to Register for this Event

 

Sincerely,


Susan Daggett
Executive Director
Rocky Mountain Land Use Institute




The 25th Annual RMLUI Conference is brought to you in part by:





The University of Denver Sturm College of Law is committed to providing facilities that are accessible to persons with and without disabilities. We encourage persons who require assistance to contact Lisa Bingham at lbingham@law.du.edu or 303-871-6319 for further information.

 

 
 
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January 7, 2016 | Permalink | Comments (2)

Wednesday, January 6, 2016

AALS: Regulation of the Sharing Economy: Uber and Beyond

For those who can't get enough sharing economy lectures, I just found out there is another panel on the sharing economy at the ABA's companion event to AALS.  Here are the details...

 

Regulation of the Sharing Economy: Uber and Beyond, chaired by Jack Beermann

The program will take place from January 8, 2016 from 6:30 to 9:00 pm in the Empire East Room on the second floor of the Sheraton New York Times Square Hotel.

The program will begin by asking general questions about regulatory issues concerning the new “sharing economy” including vacation rental operations like Airbnb and ride-sharing companies like Uber and Lyft.   It will then focus on the regulatory environment surrounding ride-sharing, presented by Uber’s chief regulatory lawyer, the general counsel of a leading taxicab board and a lawyer with 25 years of experience in legal and regulatory matters surrounding the taxicab industry.  The intent is to engage in a wide-ranging discussion of the regulatory challenges facing industry and government in the face of evolving technology and consumer behavior.

This program is free and open to all, including a reception.  The panel discussion will last an hour and there will be ample food and drink for the duration of the reception.  RSVP to anne.kiefer@americanbar.org to confirm your participation in person, as space is limited and we need a count.  

Moderator: Jack Beermann, Professor of Law and Harry Elwood Warren Scholar, Boston University School of Law.

Speakers: Randy May, Founder and President, Free State Foundation. From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission. He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.

Krishna K. Juvvadi, Senior Counsel at Uber Technologies, Inc., where he manages all regulatory matters in the United States.  Prior to joining Uber, Mr. Juvvadi was a Partner at the law firm of Sher Leff LLP.  While at Sher Leff, Mr. Juvvadi was as senior member of a trial team that won a unanimous jury verdict for $236,000,000 against ExxonMobil on behalf of the State of New Hampshire for statewide groundwater contamination.  For his work on that trial, Mr. Juvvadi was awarded the California Lawyer Attorney of the Year and named a Finalist for Public Justice's Trial Lawyer of the Year.  Prior to Sher Leff, Mr. Juvvadi was a Trial Attorney with the United States Department of Justice.  Mr. Juvvadi received his J.D. from the University of California, Los Angeles School of Law and his B.A. from Northwestern University.

Peter Mazer, General Counsel to the Metropolitan Taxicab Board of Trade.  Mr. Mazer was previously General Counsel and Chief Administrative Law Judge for the New York City Taxi and Limousine Commission.  Mr. Mazer graduated from New York University and Fordham Law School.  As Chief Administrative Law Judge, Peter Mazer supervised approximately 60 Administrative Law Judges and two Assistant Chief Judges and drafted and revised a new Manual for Administrative Law Judges.  MTBOT is the country’s largest taxi fleet association. It represents 27 yellow medallion taxi fleets in New York City and over 3,500 medallion taxicabs – approximately 25% of the taxi industry.

Bernard N. Block, managing principal at the law firm of Alvin W. Block & Associates, Chicago, Illinois. Mr. Block’s his practice includes the areas of secured financing, business litigation and lender representation.  Bernie has over 25 years of experience representing banks, finance companies and management companies in matters related to most aspects of Chicago Taxicab law, regulation, collateralization, license compliance and operation.  Bernie has previously served as General Counsel for a national payroll finance & processing company and has worked extensively with Taxi industry trade groups and City of Chicago regulators.  Bernie has a Bachelor of Science degree in Business Administration from Drake University and a JD from The John Marshall Law School (1984).

January 6, 2016 | Permalink | Comments (0)

Saturday: AALS Crosscutting Program: Peer-to-Peer Consumption: Emerging Legal Issues in the New Sharing Economy

I'll be speaking at a cross-cutting panel at AALS on the sharing economy this Saturday.  If you'll be at AALS, please stop by!  Details:

 

10:30 am – 12:15 pm AALS CROSSCUTTING PROGRAM

Sutton Center, Second Floor, New York Hilton Midtown

Peer-to-Peer Consumption: Emerging Legal Issues in the New Sharing Economy

Moderator: Diane M. Ring, Boston College Law School

Speakers:

Paul L. Caron, Pepperdine University School of Law

Stephen R. Miller, University of Idaho College of Law

Timothy Mulvaney, Texas A&M University School of Law

Shu-Yi Oei, Tulane University School of Law

Brishen Rogers, Temple University, James E. Beasley School of Law

Sarah Schindler, University of Maine School of Law

David Schleicher, Yale Law School

 

The past few years have seen the rise of a new model of production and consumption of goods and services grounded in peer-to-peer transactions. In this so-called “sharing economy,” startups such as Uber, Airbnb, Lyft, and TaskRabbit enable consumers to summon rides, rent accommodations, or hire help from peers via the internet or a mobile phone application. On the supply side, sharing enables owners of homes and vehicles, or those who possess certain skills to monetize those assets or skills into income streams. The technological platforms employed by these startups enable individual producers and consumers to transact with each other with unprecedented ease. Commentators suggest that the sharing economy is transforming the way people consume and supply goods and services, and that sharing arrangements have the potential to significantly affect traditional industries and models of employment and business. As such, the sharing economy raises important legal and regulatory issues, including questions of whether and how the new startups should be regulated and questions about the appropriate relationship between regulation and innovation. This panel will examine a variety of legal issues raised by the sharing economy, including questions of property, tax, labor, consumer protection, employment discrimination, privacy, and local government law. 

January 6, 2016 | Permalink | Comments (0)

Tuesday, January 5, 2016

Teaching Fellow, Stanford Law School LLM Program in Environmental Law & Policy - 69498

Description

2 Year Fixed Term Position - (two-year position with the possibility of a third year renewal by mutual consent and approval).

The Teaching Fellow for the Stanford Law School LLM Program in Environmental Law & Policy will work with LLM student candidates in the program. The fellow will assume significant academic, advising and administrative responsibilities. He or she will be responsible for organizing and teaching three quarters of a colloquium addressing current issues and scholarship in the environment, energy, other natural resources, and related fields. The fellow will also organize and facilitate informal workshops, outside speakers, and academic and social events; be responsible for day-to-day administrative management of the LLM program; advise and counsel LLM candidates on academic and personal issues; respond to inquiries from prospective LLM applicants; and interact with our faculty in support of the LLM program goals and needs. The fellow will work with the Executive Director of International Graduate Programs, and under the supervision of Professor Barton Thompson. The fellow will also fully participate in the admissions process, working under the guidance of the Associate Dean for Admissions, to admit the new class. Although this is a full time position, the fellow will have a reasonable amount of time to conduct his or her own research, and will have access to environmental and other faculty at the law school for feedback on their research.

Qualifications

Candidates for this position are expected to have strong academic records and references. Professional experience in the area is also valuable. This position is intended primarily for people who expect to pursue an academic career in a field that is reasonably related to environmental or resource law, although others may apply. Candidates must hold a JD, JSD or LLM from a U.S. law school. Applicants are expected to commit to this position for a two-year term. A third year is possible by mutual consent and approval. This is not a long-term teaching opportunity.

Those interested should apply on-line, summarizing their complete educational qualifications and experience, as well as any other information that might help us in making selections. Each applicant should also send us an official law school transcript, a resume, copies of any publications, and three letters of recommendation (at least two from law professors) commenting on the applicant’s suitability for the position in terms of teaching ability, analytic capability, interpersonal skills, and writing ability.

Application Deadline: February 19, 2016

To apply, applicants must submit their application electronically through the applicant tracking system at https://stanfordcareers.stanford.edu/job-search?jobId=69498

If you have any questions about the application process, please contact Angela Antia at aarroyo@stanford.edu.

Job: Academic

Location: School of Law

Schedule: Full-time

Classification Level: H99

January 5, 2016 | Permalink | Comments (0)

Monday, January 4, 2016

Zoning’s Centennial, Part 1: A Series by John R. Nolon

Zoning’s Centennial

John R. Nolon

Distinguished Professor of Law, Pace Law School

Counsel, Land Use Law Center

 

The Need for Public Regulation of Land Use – The First Comprehensive Zoning Law

January 4, 2016

 

Pages from January 4 2016

2016 is the 100th anniversary of the adoption of the first city-wide comprehensive zoning law. Its original purpose was to create districts that separated incompatible land uses and building types in order to protect property values and promote the health, safety, and welfare of the community. 100 years later, zoning is used to achieve an impressive number of public objectives such as permitting transit oriented development, creating green infrastructure, preserving habitat, species, and wetlands, promoting renewable energy facilities, reducing vehicle miles traveled, and preserving the sequestering landscape.

Zoning’s progress has been a long and dramatic journey. What was considered the appropriate use of the land in 1916 when the nation’s population was 102 million differs greatly from today’s notions--with over 300 million people, many of whom are abandoning rural communities and remote suburbs and moving into denser urban areas seeking livable, transit-oriented neighborhoods and settling in close proximity on land whose natural resources must be preserved for their health and enjoyment.  One hundred years ago, the challenge concerned civil engineering and city building in urban areas; today it focuses on all aspects of land development and natural resource conservation in rural, suburban, and urban settings: all challenged by global warming.

Zoning grew abruptly out of the recognized power of local governments to protect residents from nuisance-like land uses and to achieve an appropriate scale of development in selected neighborhoods.  Local officials understood that the ponderous process of civil law nuisance suits between individual property owners was not sufficient to protect larger areas within their jurisdictions. Locally-legislated height restrictions, for example, were validated in 1909 by the U.S. Supreme Court (Welch v. Swasey). In 1915, the Court upheld use restrictions that prohibited downtown riding stables (Reinman v. Little Rock) and brick manufacturing in Los Angeles (Hadacheck v. Sebastian).

These early precedents, however, fell far short of creating comprehensive standards for city building, designed to protect property owners and neighborhoods from incompatible land uses. This changed when the first comprehensive zoning law was adopted by New York City. A new subway system, the construction of new high rise buildings, the rapid expansion of the garment district, and increasing congestion in the streets struck fear into the hearts of building owners and businesses in Wall Street and the posh Fifth Avenue retail neighborhood. They called for reform, a study was done, a commission established, hearings held, and on July 25th, 1916 the City was ready with an ordinance, which was adopted by the Board of Estimate and Apportionment by a vote of 15 to one. This was the first zoning ordinance of its kind in the U.S., regulating land uses and building types in all neighborhoods of the City.

Cities are not sovereign entities; they get their legal authority from the state. New York City’s zoning law, for example, was enabled by a 1914 act of the state legislature, which amended the City’s Charter to authorize it to control land use. Twenty state legislatures, plus the District of Columbia, followed suit by adopting some form of zoning enabling act by 1921.  In other states, many localities rushed to adopt zoning laws in the absence of state authority, risking invalidation due to their lack of legal authority. The need for enabling acts in all states and for a uniform and effective method of delegating control of land use to municipalities led to the promulgation of a model zoning enabling act by a national commission in 1922.

For more information, see Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control; http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1345450

January 4, 2016 | Permalink | Comments (1)

Saturday, January 2, 2016

Land use articles posted to SSRN in December

Over the past few weeks, we have looked back at the entire year of land use scholarship; today, we turn to our usual first-of-the-month post highlighting those articles posted to the SSRN Property, Land Use & Real Estate Law eJournal in the last month.  The articles are listed here in reverse chronological order of their original posting within the month of December.  As I have for the past few months, I have separated the articles into two categories:  those by scholars at U.S.-based institutions, and those by scholars at non-U.S-based institutions.

Happy reading!

Scholars at U.S.-based institutions:

 The Fundamental Right to Property in the Indian Constitution
Namita Wahi 
Harvard Law School 

 How Genetics Might Affect Real Property Rights
Journal of Law, Medicine and Ethics, Vol. 44, No. 1, 2016
Mark A. Rothstein and Laura Rothstein 
University of Louisville - Institute for Bioethics, Health Policy, and Law and University of Louisville - Louis D. Brandeis School of Law 

 Conservation Easements and the Valuation Conundrum
Forthcoming in 19 Florida Tax Review __ (2016)
Nancy A. McLaughlin 
University of Utah S.J. Quinney College of Law 

 The Severability of Dual-Purpose Leases in the Appalachia
Brian M. Lucot and Jeff M. Stacko 
Burleson LLP. -Pittsburgh and Burleson LLP. -Pittsburgh 

 The Fair Market Value of Public Resources
California Law Review, Vol. 103, No. 6, 2015
Bruce R. Huber 
Notre Dame Law School 

 Incumbent Landscapes, Disruptive Uses: Perspectives on Marijuana-Related Land Use Control
Journal of Property Law (Texas A&M), Vol. 3 (2016 Forthcoming)
Donald J. Kochan 
Chapman University, The Dale E. Fowler School of Law 

 When Winning Means Losing: Why a State Takeover of Public Lands May Leave States Without the Minerals They Covet
Wallace Stegner Center For Land, Resources, and the Environment, Paper No. 2015-02
John Ruple and Robert B. Keiter 
University of Utah - S.J. Quinney College of Law 

 Realigning the Governmental/Proprietary Distinction in Municipal Law
University of Washington School of Law Research Paper
Hugh D. Spitzer 
University of Washington School of Law 

 Cohabitants, Choice, and the Public Interest
in Elizabeth Brake and Lucinda Ferguson (eds), Philosophical Foundations of Children's and Family Law (OUP) [Forthcoming]
Robert Leckey 
McGill University - Faculty of Law 

 Legislative Exactions and Progressive Property
Harvard Environmental Law Review, Forthcoming
Timothy M. Mulvaney 
Texas A&M University - School of Law 

 Screwdriver or Screwed? Legal Tools for the Do-it-Yourselfer Tool Box
Real Estate Review, Forthcoming
Nancy J. White and Deborah M. Gray 
Central Michigan University and Central Michigan University - Department of Marketing and Hospitality Services Administration 

Brand: Modern Realty Transfers’ Iconic Dimension
Real Property, Probate and Trust Law Journal, Forthcoming, Arizona Summit Law School Paper Series A-2015-03
Michael N. Widener 
Arizona Summit Law School 

 Takings and Mitigation
Timothy R. Wyatt 
Wake Forest University - School of Law 

 (Ground)Waters of the United States: Unlawfully Excluding Tributary Groundwater from Clean Water Act Jurisdiction
Environmental Law, Vol. 46, No. 2, 2016
Michael C. Blumm and Steven M Thiel 
Lewis & Clark Law School and Lewis & Clark Law School 

 Financing Local Food Factories
Fordham Urban Law Journal, Forthcoming
Stephen R. Miller 
University of Idaho College of Law - Boise 

 Bankruptcy and Federal Crop Insurance
Virginia Environmental Law Journal, Forthcoming
Chad G. Marzen 
Florida State University 

 Reframing Ameliorative Waste
American Journal of Comparative Law, Forthcoming, Tulane Public Law Research Paper No. 15-15
Sally Brown Richardson 
Tulane University - Law School 

 The Local Official, Climate Change, and the IPCC Fifth Assessment
Contemporary Issues in Climate Change Law and Policy: Essays Inspired by the IPCC (Robin Craig & Stephen R. Miller eds., Environmental Law Institute) (2016, Forthcoming) 
Stephen R. Miller 
University of Idaho College of Law - Boise 

 What Do Community Benefits Agreements Deliver? Evidence from Los Angeles
Journal of the American Planning Association, Vol. 81, No.4, 2015, pp.251-267, UC Irvine School of Law Research Paper No. 2015-96
Nicholas Marantz 
University of California, Irvine - Department of Planning, Policy and Design 

 Preparing Our Housing for the Transition to a Post-Baby Boom World: Reflections on Japan's May 26, 2015 Vacant Housing Law
Cityscape: A Journal of Policy Development and Research, Volume 17, Number 3, 2015
Peter Manda 
Independent 

Scholars based at non-U.S. institutions:

 We Built This City: Public Participation in Land Use Decisions in Singapore
Asian Journal of Comparative Law, December 18, 2015 (DOI: 10.1017/asjcl.2015.15)
Jack Tsen-Ta Lee 
Singapore Management University - School of Law 

Building Management Statements and Strata Management Statements: Unholy Mixing of Contract and Property
(2013) 87 Australian Law Journal 393-403
Cathy S. Sherry 
University of New South Wales (UNSW) - Faculty of Law 

 Property Rights in the Process of Privatization of the Polish Energy Sector
Research Papers of Wrocław University of Economics (Prace Naukowe Uniwersytetu Ekonomicznego we Wrocławiu), issue: 402, pages: 70-83, 2015, 
Ireneusz Dąbrowski and Zbigniew Staniek 
Warsaw School of Economics (SGH) and Warsaw Management University 

 שיתוף הציבור בחוק התכנון והבנייה: המצוי והרצוי - ואדי נסנאס כמקרה־בוחן 
(Public Participation in the Israeli Planning Law: Wadi Nisnas as a Test Case)

MISHPAT UMIMSHAL 10: LAW AND GOVERNMENT IN ISRAEL 701, 2007 
Manal Totry-Jubran 
Bar Ilan University 

 Introduction to Blackstone, Commentaries on the Laws of England, Book II
Introduction to Commentaries on the Laws of England, Book II (Oxford University Press, 2016) (The Oxford Edition of Blackstone, Wilfrid Prest, general editor, Forthcoming)
Simon Stern 
University of Toronto - Faculty of Law 

 Law, Collective Action and Culture: Condominium Governance in Comparative Perspective
Asia Pacific Law Review, Vol. 23, No. 2, 2015
Amnon Lehavi 
Interdisciplinary Center Herzliyah - Radzyner School of Law 

 Los Derechos De Los Inversores Extranjeros Sobre La Tierra Según Los Tratados De Protección De Inversiones: Una Visión Desde Latinoamérica (Foreign Investor Land Rights According to International Investment Treaties: A Latin American Perspective)
Borrador a ser publicado en el Anuario Colombiano de Derecho Internacional (2016) 
Nicolás Perrone 
Universidad Externado de Colombia 

 Compulsory Acquisition, Public Benefits and Large-Scale Private Sector Redevelopments: Can Australia Learn from the United Kingdom?
Local Government Law Journal, Vol. 19 (2014), Griffith University Law School Research Paper No. 15-05
Melissa Pocock 
Griffith University - Griffith Law School 

 הכלה והדרה במרחב הישראלי: הזכות לקניין כמפתח לפתרון סוגיית ההדרה הגיאוגרפית
(Inclusion and Exclusion in the Israeli Space: The Right to Property as a Key to Resolve Israel's Geographic Exclusion Debate)

עיוני משפט ל"ז התשע"ד
37 Tel Aviv Uni. Law Review (2013), 

Shai Stern 
Bar-Ilan University - Faculty of Law 

 Tradable Development Rights Under Uncertainty: An Experimental Approach
Till Proeger Lukas Meub and Kilian Bizer 
University of Goettingen (Gottingen) , University of Goettingen (Gottingen) and University of Goettingen (Gottingen) 

 Recursos Governatius. Doctrina De La Direcció General De Dret I D’Entitats Jurídiques (Abril-Maig 2015) [Comments on the Decisions of the Catalan Directorate General of Law and Legal Entities (April-May 2015)]
InDret, Vol. 4, 2015
Miriam Anderson 
University of Barcelona 

January 2, 2016 | Permalink | Comments (0)

Friday, January 1, 2016

Happy new year...

...from me and my shadow.

Shadow

January 1, 2016 | Permalink | Comments (0)

Thursday, December 31, 2015

2015 Best of Land Use Scholarship, Part V: Most SSRN Downloads

This is my fifth and last post in my series looking back at the best of land use scholarship in 2015 and at different time intervals from the past.  This last "best of" list is a survey of all the articles posted to the SSRN Property, Land Use & Real Estate Law eJournal that (i) had some activity in 2015 and (ii) were not first posted or published prior to January 1, 2014.  (The goal of this cut-off was to take out all of those older publications that people are just now getting around to posting on SSRN so as to highlight just newer scholarship.)

Here are all of the articles fitting the above criteria posted to the SSRN Property, Land Use & Real Estate Law eJournal with more than 200 downloads as of December 23, 2015, which is when this survey was conducted: 

First Principles for Regulating the Sharing Economy
Harvard Journal on Legislation, Forthcoming
Stephen R. Miller 
University of Idaho College of Law - Boise 
Date Posted: February 22, 2015
Last Revised: April 07, 2015
Accepted Paper Series
666 downloads

How to Do Things with Hohfeld
Law and Contemporary Problems, Vol. 78, No. 185, 2015
Pierre Schlag 
University of Colorado Law School 
Date Posted: July 13, 2014
Last Revised: March 10, 2015
Accepted Paper Series
594 downloads

The Mainstreaming of Libertarian Constitutionalism
Law and Contemporary Problems, Vol. 77, No. 4, pp. 43-70, 2014 (Symposium on “Law and Neoliberalism”), George Mason Law & Economics Research Paper No. 15-04, 
David Bernstein and Ilya Somin 
George Mason University School of Law and George Mason University School of Law 
Date Posted: February 20, 2015
Last Revised: February 23, 2015
Accepted Paper Series
555 downloads

A Response to the IPCC Fifth Assessment
Environmental Law Reporter, Vol. 45, No. 1, 2015, Albany Law School Research Paper No. 9 for 2015-2016, Touro Law Center Legal Studies Research Paper Series No. 15-42
Sarah Adams-Schoen Deepa Badrinarayana Cinnamon Piñon Carlarne Robin Kundis Craig John C. Dernbach Keith H. Hirokawa Alexandra B. Klass Katrina Fischer Kuh Stephen R. MillerJessica Owley Shannon Roesler Jonathan D. Rosenbloom Inara K. Scott and David Takacs 
Touro College - Jacob D. Fuchsberg Law Center , Chapman University, The Dale E. Fowler School of Law , Ohio State University (OSU) - Michael E. Moritz College of Law , University of Utah S.J. Quinney College of Law , Widener University - Commonwealth Law School , Albany Law School , University of Minnesota Law School , Hofstra University - School of Law , University of Idaho College of Law - Boise , State University of New York (SUNY) at Buffalo - Law School , Oklahoma City University - School of Law , Drake University Law School , Oregon State University, College of Business and University of California Hastings College of the Law 
Date Posted: December 06, 2014
Last Revised: December 02, 2015
Accepted Paper Series
510 downloads

 Airspace in an Age of Drones
95 B.U. L. Rev. 155 (2015)
Troy A. Rule 
Arizona State University (ASU) - Sandra Day O'Connor College of Law 
Date Posted: August 20, 2014
Last Revised: February 07, 2015
Accepted Paper Series
478 downloads

 Investors Effect on Household Real Estate Affordability
Kreisman Working Papers Series in Housing Law and Policy No. 22
Sebastien Gay 
The University of Chicago 
Date Posted: May 05, 2015
Last Revised: May 07, 2015
Working Paper Series
453 downloads

Notice Failure and Notice Externalities
Boston Univ. School of Law, Law and Economics Research Paper No. 11-58, Boston Univ. School of Law, Public Law Research Paper No. 11-58, Stanford Law and Economics Olin Working Paper No. 418, UC Berkeley Public Law Research Paper No. 1973171, The Journal of Legal Analysis, 2013 
Peter S. Menell and Michael J. Meurer 
University of California, Berkeley - School of Law and Boston University - School of Law 
Date Posted: December 16, 2011
Last Revised: January 02, 2015
Working Paper Series
426 downloads

The Transfer of Public Lands Movement: Taking the 'Public' Out of Public Lands
Stegner Center White Paper No. 2015-01, S.J. Quinney College of Law Research Paper No.99
Robert B. Keiter and John Ruple 
University of Utah - S.J. Quinney College of Law and 
Date Posted: January 28, 2015
Last Revised: February 27, 2015
Accepted Paper Series
422 downloads

An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law
1 Journal of Law, Property, and Society 107 (2015), U Denver Legal Studies Research Paper No. 15-45, University of Utah College of Law Research Paper No. 130
Federico Cheever and Nancy A. McLaughlin 
University of Denver Sturm College of Law and University of Utah S.J. Quinney College of Law 
Date Posted: August 25, 2015
Last Revised: September 22, 2015
Accepted Paper Series
368 downloads

Guarding the Subjective Premium: Condemnation Risk Discounts in the Housing Market
Tulane Law Review Vol. 89, Forthcoming, Kreisman Working Papers Series in Housing Law and Policy No. 18
Sebastien Gay and Nadia Nasser-Ghodsi 
The University of Chicago and University of Chicago - Law School 
Date Posted: July 22, 2014
Last Revised: November 29, 2015
Accepted Paper Series
360 downloads

Transporting Oil and Gas: U.S. Infrastructure Challenges
Iowa Law Review, Vol. 100, No. 3, 2015, Minnesota Legal Studies Research Paper No. 14-17
Alexandra B. Klass and Danielle Meinhardt 
University of Minnesota Law School and University of Minnesota Law School - Joint Degree Program in Law, Science & Technology 
Date Posted: March 20, 2014
Last Revised: March 07, 2015
Accepted Paper Series
345 downloads

2014 Developments in Connecticut Estate and Probate Law
89 Connecticut Bar Journal (2015)
Jeffrey A. Cooper and John R. Ivimey 
Quinnipiac University School of Law and Reid and Riege, P.C. 
Date Posted: September 21, 2015
Accepted Paper Series
315 downloads

Property Rights on the New Frontier: Climate Change, Natural Resource Development, and Renewable Energy
Ecology Law Quarterly, Vol. 38, p. 63, 2011, Minnesota Legal Studies Research Paper No. 10-61
Alexandra B. Klass 
University of Minnesota Law School 
Date Posted: October 11, 2010
Last Revised: March 22, 2015
Accepted Paper Series
293 downloads

Property Rights, Coercion, and the Welfare State: The Libertarian Case for a Basic Income for All
The Independent Review, vol. 19, no. 4 (Spring 2015), pp. 515-529.
Matt Zwolinski 
University of San Diego 
Date Posted: March 24, 2015
Accepted Paper Series
272 downloads

The City as a Commons
Yale Law & Policy Review, Vol. 34, No. 2, 2016
Sheila Foster and Christian Iaione 
Fordham University School of Law and LUISS Guido Carli University 
Date Posted: August 30, 2015
Last Revised: October 24, 2015
Accepted Paper Series
267 downloads

A Guide to New York State Commercial Landlord-Tenant Law and Procedure — Part I
87 N.Y. St. B.J. 22, February 2015
Gerald Lebovits and Michael B. Terk 
Columbia University - Law School and David Rozenholc & Associates 
Date Posted: February 28, 2015
Last Revised: March 17, 2015
Accepted Paper Series
266 downloads

It's a 'Criming Shame': Moving from Land Use Ethics to Criminalization of Behavior Leading to Permits and Other Zoning Related Acts
46 Urb. Law. 249 (2014), Touro Law Center Legal Studies Research Paper Series No. 15-09
Patricia Salkin and Bailey Ince 
Touro College - Jacob D. Fuchsberg Law Center and Touro College - Jacob D. Fuchsberg Law Center 
Date Posted: September 05, 2014
Last Revised: February 13, 2015
Accepted Paper Series
261 downloads

The Justice of Private Law
Hanoch Dagan and Avihay Dorfman 
Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law 
Date Posted: November 20, 2014
Last Revised: July 25, 2015
Working Paper Series
256 downloads

Contemporary Land Grabbing: Research Sources and Bibliography
107 Law Library Journal 259-285 (Spring 2015), Northeastern University School of Law Research Paper No. 216-2015
Jootaek Lee 
Northeastern University - School of Law 
Date Posted: February 13, 2015
Last Revised: October 15, 2015
Accepted Paper Series
251 downloads

Renewable Energy and the Public Trust Doctrine
45 U.C. Davis L. Rev. 1021 (2012), Minnesota Legal Studies Research Paper No. 11-12
Alexandra B. Klass 
University of Minnesota Law School 
Date Posted: March 19, 2011
Last Revised: March 22, 2015
Accepted Paper Series
251 downloads

Water Rights, Water Quality, and Regulatory Jurisdiction in Indian Country
Stanford Environmental Law Journal, Vol. 34, No. 2, pp. 195-245 (2015), University of Washington School of Law Research Paper No. 2015-21
Robert T. Anderson 
University of Washington School of Law 
Date Posted: June 27, 2015
Last Revised: October 15, 2015
Accepted Paper Series
245 downloads

Doctrinal Categories, Legal Realism, and the Rule of Law
University of Pennsylvania Law Review, Vol. 163, 2015
Hanoch Dagan 
Tel Aviv University - Buchmann Faculty of Law 
Date Posted: November 10, 2014
Last Revised: September 05, 2015
Accepted Paper Series
228 downloads

The Validity of Restraints on Alienation in an Oil and Gas Lease
Buffalo Law Review, Forthcoming
Luke Meier and Rory M. Ryan 
Baylor University - Law School and Baylor University - Law School 
Date Posted: April 22, 2015
Last Revised: May 06, 2015
Accepted Paper Series
223 downloads

Architectural Exclusion: Discrimination and Segregation Through Physical Design of the Built Environment
124 Yale Law Journal 1934 (2015)
Sarah Schindler 
University of Maine - School of Law 
Date Posted: April 18, 2015
Accepted Paper Series
221 downloads

Rethinking the Tax-Revenue Effect of REIT Taxation
Florida Tax Review, Vol. 17, Issue 6, Page 527, 2015, Brooklyn Law School, Legal Studies Paper No. 400
Bradley T. Borden 
Brooklyn Law School 
Date Posted: January 23, 2015
Last Revised: June 03, 2015
Accepted Paper Series
207 downloads

 

December 31, 2015 | Permalink | Comments (0)

Wednesday, December 30, 2015

2015 Best of Land Use Scholarship, Part IV: Most Cited Land Use Articles in the Last Thirty Years (The Long Game)

In the first look at the "best of" land use scholarship, I provided a list of all of the land use-related articles appearing in the Top 50 law reviews, as ranked by the quasi-authoritative Washington & Lee ranking methodology.  In a second post, I turned to the question of land use scholarship impact over time.  [See second post for methodology.]  In that second post, I provided a list of the 30 most-cited land use-related law review articles published within the last 3 years (since January 1, 2013).  In a third post, I provided a list of the 30 most-cited land use-related law review articles published within the last 10 years (since January 1, 2006).  Today, we look at the most-cited land use-related law articles published within the last 30 years, which I'm referring to as the "long game."  

If you have access to Westlaw, you should be able to click on the highlighted link below and go straight to the article.

Without further ado, here are the 30 most cited land use related articles published within the last 30 years (since January 1, 1986):

  1. 1. THE ORIGINAL UNDERSTANDING OF THE TAKINGS CLAUSE AND THE POLITICAL PROCESS

    Columbia Law Review May, 1995 95 Colum. L. Rev. 782 William Michael Treanor

      2. PROPERTY IN LAND

      Yale Law Journal April, 1993 102 Yale L.J. 1315 Robert C. Ellickson

        3. OUR LOCALISM: PART I--THE STRUCTURE OF LOCAL GOVERNMENT LAW

        Columbia Law Review January, 1990 90 Colum. L. Rev. 1 Richard Briffault

          4. TAKINGS, 1987

          Columbia Law Review December, 1988 88 Colum. L. Rev. 1600 Frank Michelman

            5. OUR LOCALISM: PART II—LOCALISM AND LEGAL THEORY

            Columbia Law Review March, 1990 90 Colum. L. Rev. 346 Richard Briffault

              6. REVITALIZING ENVIRONMENTAL FEDERALISM

              Michigan Law Review DECEMBER, 1996 95 Mich. L. Rev. 570 Daniel C. Esty

                7. CHANGING CONCEPTIONS OF PROPERTY AND SOVEREIGNTY IN NATURAL RESOURCES: QUESTIONING THE PUBLIC TRUST DOCTRINE

                Iowa Law Review March, 1986 71 Iowa L. Rev. 631 Richard J. Lazarus

                  8. THE BOUNDARIES OF RACE:  POLITICAL GEOGRAPHY IN LEGAL ANALYSIS

                  Harvard Law Review June, 1994 107 Harv. L. Rev. 1841 Richard Thompson Ford 

                    9. “EXIT” AS A CONSTRAINT ON LAND USE EXACTIONS: RETHINKING THE UNCONSTITUTIONAL CONDITIONS DOCTRINE

                    Columbia Law Review April, 1991 91 Colum. L. Rev. 473 Vicki Been

                      10. WHERE RIGHTS BEGIN: THE PROBLEM OF BURDENS ON THE FREE EXERCISE OF RELIGION

                      Harvard Law Review March, 1989 102 Harv. L. Rev. 933 Ira C. Lupu

                        11. COLONIAL LAND USE LAW AND ITS SIGNIFICANCE FOR MODERN TAKINGS DOCTRINE

                        Harvard Law Review April, 1996 109 Harv. L. Rev. 1252 John F. Hart

                          12. WHAT'S FAIRNESS GOT TO DO WITH IT? ENVIRONMENTAL JUSTICE AND THE SITING OF LOCALLY UNDESIRABLE LAND USES

                          Cornell Law Review September, 1993 78 Cornell L. Rev. 1001 Vicki Been

                            13. LOCALLY UNDESIRABLE LAND USES IN MINORITY NEIGHBORHOODS: DISPROPORTIONATE SITING OR MARKET DYNAMICS?

                            Yale Law Journal April, 1994 103 Yale L.J. 1383 Vicki Been

                              14. LUCAS v. SOUTH CAROLINA COASTAL COUNCIL: A TANGLED WEB OF EXPECTATIONS

                              Stanford Law Review May, 1993 45 Stan. L. Rev. 1369 Richard A. Epstein

                                15. PROPERTY RIGHTS AND THE ECONOMY OF NATURE: UNDERSTANDING LUCAS v. SOUTH CAROLINA COASTAL COUNCIL

                                Stanford Law Review May, 1993 45 Stan. L. Rev. 1433 Joseph L. Sax

                                  16. THE LEGACY OF ALLOTMENT

                                  Arizona State Law Journal Spring, 1995 27 Ariz. St. L.J. 1 Judith V. Royster

                                    17. THE ORIGINAL UNDERSTANDING OF THE TAKING CLAUSE IS NEITHER WEAK NOR OBTUSE

                                    Columbia Law Review December, 1988 88 Colum. L. Rev. 1630 Douglas W. Kmiec

                                      18. A NEW GENERATION OF ENVIRONMENTAL REGULATION?

                                      Capital University Law Review 2001 29 Cap. U. L. Rev. 21 Richard B. Stewart

                                        19. STATE COURTS AND THE “PASSIVE VIRTUES”: RETHINKING THE JUDICIAL FUNCTION

                                        Harvard Law Review May, 2001 114 Harv. L. Rev. 1833 Helen Hershkoff

                                          20. FEDERALISM AND ENVIRONMENTAL REGULATION: A PUBLIC CHOICE ANALYSIS

                                          Harvard Law Review December, 2001 115 Harv. L. Rev. 553 Richard L. Revesz

                                            21. THE GEOGRAPHY OF COMMUNITY

                                            Stanford Law Review May, 1996 48 Stan. L. Rev. 1047 Jerry Frug

                                              22. FARMS, THEIR ENVIRONMENTAL HARMS, AND ENVIRONMENTAL LAW

                                              Ecology Law Quarterly 2000 27 Ecology L.Q. 263 J.B. Ruhl

                                                23. RETHINKING ENVIRONMENTAL CONTROLS: MANAGEMENT STRATEGIES FOR COMMON RESOURCES

                                                Duke Law Journal February, 1991 1991 Duke L.J. 1 Carol M. Rose

                                                  24. THE PRACTICE OF FEDERALISM UNDER THE CLEAN AIR ACT

                                                  Maryland Law Review 1995 54 Md. L. Rev. 1183 John P. Dwyer

                                                    25. LOCALISM, SELF-INTEREST, AND THE TYRANNY OF THE FAVORED QUARTER: ADDRESSING THE BARRIERS TO NEW REGIONALISM

                                                    Georgetown Law Journal July, 2000 88 Geo. L.J. 1985 Sheryll D. Cashin

                                                      26. SOVEREIGNTY AND PROPERTY

                                                      Northwestern University Law Review Fall, 1991 86 Nw. U. L. Rev. 1 Joseph William Singer

                                                        27. THE TAKING CLAUSE: IN SEARCH OF UNDERLYING PRINCIPLES PART I—A CRITIQUE OF CURRENT TAKINGS CLAUSE DOCTRINE

                                                        California Law Review December, 1989 77 Cal. L. Rev. 1299 Andrea L. Peterson

                                                          28. REMEDYING ENVIRONMENTAL RACISM

                                                          Michigan Law Review November, 1991 90 Mich. L. Rev. 394 Rachel D. Godsil

                                                            29. THE LOCAL GOVERNMENT BOUNDARY PROBLEM IN METROPOLITAN AREAS

                                                            Stanford Law Review May, 1996 48 Stan. L. Rev. 1115 Richard Briffault

                                                              30. BEYOND INDIAN LAW: THE REHNQUIST COURT'S PURSUIT OF STATES' RIGHTS, COLOR-BLIND JUSTICE AND MAINSTREAM VALUES

                                                              Minnesota Law Review December, 2001 86 Minn. L. Rev. 267 David H. Getches
                                                               

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