Tuesday, August 28, 2012
UMKC Law and the ABA Section on State & Local Government are hosting an education law symposium with The Urban Lawyer, preceded by the 2012 Gage Lecture, featuring Nicole Stelle Garnett (Notre Dame) on "School Closures in Urban Neighborhoods: Lesson's from Chicago's Catholic Schools."
Thursday, Oct. 4, 2012 | 6:30 p.m.
UMKC School of Law's Thompson Courtroom
What Happens When You Close Urban Schools
America’s educational landscape is changing with the rapid disappearance of Catholic schools from the urban core. Yet, studies show negative effects on neighborhoods when schools close. Scholar Nicole Garnett will discuss what this means for urban and educational policy.
Professor Garnett's lecture is free and open to the public; the program and registration for the Oct. 5 symposium are available at the website.
Wednesday, August 22, 2012
Greg Bankoff (History--University of Hull), Ewe Lubken (Rachel Carson Center, Munich), and Jordan Sand (History--Georgetown) have published Flammable Cities: Urban Conflagration and the Making of the Modern World (U. Wisconsin Press, 2012), an edited volume of essays on the role of fires in the history of urban development. The blurb:
In most cities today, fire has been reduced to a sporadic and isolated threat. But throughout history the constant risk of fire has left a deep and lasting imprint on almost every dimension of urban society. This volume, the first truly global study of urban conflagration, shows how fire has shaped cities throughout the modern world, from Europe to the imperial colonies, major trade entrepôts, and non-European capitals, right up to such present-day megacities as Lagos and Jakarta. Urban fire may hinder commerce or even spur it; it may break down or reinforce barriers of race, class, and ethnicity; it may serve as a pretext for state violence or provide an opportunity for displays of state benevolence. As this volume demonstrates, the many and varied attempts to master, marginalize, or manipulate fire can turn a natural and human hazard into a highly useful social and political tool.
Over at The Atlantic Cities, Emily Badger has a review called The Uncomfortable Politics Behind the History of Urban Fires. She notes how fires played a role in the contested theories and policies behind land use, property, and government:
In the United States, we’ve come to think of forest fires this way, as we spar over the rights of wealthy people to build their vacation homes in flammable places like Malibu. But the history of urban fires is similarly political, in large part because it reflects the story of how governments came to view and value property.
"Fire is, of course, this threat to human life, but conspicuously it’s about the destruction of property," Sand says. "Is it the obligation of the city fathers or [government] to prevent peoples' private property from being destroyed?"
Badger's review and the book have a lot of interesting observations.
Thursday, August 16, 2012
Foreign Policy recently has published its Special Report "Cities Issue." While the issue is themed on urban affairs generally, its articles coalesce around the amazing urban development taking place in China. From the website intro:
Our special issue dedicated to the cities of the future has its eye squarely toward China, because the cities of the future are increasingly going to be speaking Mandarin -- even more than you realize. It's no longer news that China has embarked on the largest mass urbanization in history, a monumental migration from country to city that will leave China with nearly a billion urbanites by 2025 and an astonishing 221 cities with populations over 1 million. But this isn't just about size: It's about global heft. And that's where the scale of China's transformation into a world leader is truly astonishing. In an exclusive index for FP, the McKinsey Global Institute has run the numbers to produce what we're calling The 75 Most Dynamic Cities of 2025 -- an extraordinary 29 of which are in China. Some are already global powers, from top-ranked Shanghai to manufacturing dynamo Shenzhen; others, from Fuzhou to Xiamen, were little more than provincial backwaters in the 20th century but look to be household names in the 21st, powering the global economy not just through their sheer size but also through their urban innovation and pulsing drive. Europe, meanwhile, will manage only three cities on the list by 2025; the United States finishes second to China -- a very distant second -- with 13. Still think that debate about Western decline is overblown?
There are a whole bunch of interesting articles at the website. Just one that I'll highlight is New Urbanism pioneer Peter Calthorpe's Weapons of Mass Urban Destruction: China's Cities are Making the Same Mistake America Made on the Path to Superpower Status. Again, there's a whole lot of interesting analysis at the FP Cities Issue website.
Tuesday, August 7, 2012
I just can't enough of Buffalo these days. Yesterday, I posted about our "zombieness" and today I learned of something fun being done with some of our vacant land (up to 20% of the land in the city of Buffalo is vacant -- no that is not the same thing as open space). Some Brooklyn-based architects are suggesting we turn the land into artfarms. Never heard of artfarms? Me neither. The architects describe them as sculptures that serve as agricultural grow structures. Urban farming meets local artists.
"These above-ground, vertically designed sculptures will provide a means to produce fruits, vegetables and flowers for the surrounding community, but they will also provide a creative basis for expansion. In essence, the concept of Artfarms is to create and erect devices that are not just aesthetically appealing, but that will serve a greater purpose by triggering redevelopment."
I hope they find some funding and support to make these happen. Nothing tastes better than a local ogranic tomato grown on a structure that belongs at Burning Man.
Monday, August 6, 2012
Brett M. Frischmann (Cardozo) has posted Managing Congestion, which is a chapter from his book Infrastructure: The Social Value of Shared Resources, Oxford University Press, 2012. The abstract:
This chapter considers partially (non)rival infrastructure and congestion. Specifically, it explains and analyzes congestions problems and solutions. It begins with the basic economic model of congestion, which assumes homogenous uses, and discusses various approaches to managing congestion. It turns to more complex congestion problems, involving heterogeneous uses and cross-crowding, and discusses management options. The chapter evaluates congestion management strategies for infrastructures as well as the relationship between commons management and congestion management.
The SSRN document also includes the book's Table of Contents, so you can view the larger outline for this valuable book.
Sunday, August 5, 2012
We had a torrential downpout here in Buffalo today. Many people were happy about the rain because it has been very hot here of late, and weeks without rain has led to the death of many lawns and gardens. I was excited for a different reason. It was the first big test of our new street! I am lucky enough to live on the first test block for porous asphalt in Buffalo. My neighbors and I are quite excited about it even though it took two months for them to install it. The difference was pretty awesome. My three year old and I ran around in the rain, and watcedh it all just seep into the street. Rumor has it that we will also be getting free rain barrels.
There are a lot of exciting green infrastructure projects around the country. Having lived through one of them, I think there is a lot of potential. But it took 2 months for them to do one block here in Buffalo. Wonder how much time and money it would take to do a significant part of the city?
Monday, July 30, 2012
Matt has the legality of the various proposed Chick Fil-A bans covered. As numerous commentators have pointed out, prohibiting Chick Fil-A stores based on the opinions of the store's owner is flagrantly unconstitutional. While most commentators have focused on the First Amendment, I think Chik Fil-A has an equally strong legal argument under the Fourteenth Amendment given the Supreme Court's decision in Village of Willowbrook v. Olech, 528 U.S. 562 (2000): it is a violation of the equal protection clause to discriminate against a particular landowner due to "animus" against the landowner.
To me, the more interesting question is why city officials would propose something that is obviously unconstitutional (leaving aside the possibility that these officials are dumb, which is of course a legitimate possibility). In fact, if city officials really wanted to prevent Chick Fil-A from locating in their towns, the very worst thing they could have done is announce publicly their discriminatory animus toward the franchise. As land use folks have seen time and again, it's really easy for communities to exclude land uses they don't like (e.g., affordable housing) by citing vague concerns about traffic, noise, congestion, and so on. They rarely make the mistake of saying "we just don't want poor people living here." Now, because of what the various officials in Chicago, San Francisco, Boston, etc have said, it will only be harder to exclude Chick Fil-A even if the city has legitimate concerns about traffic, noise, etc because the inference of discriminatory animus will be so hard to shake. So why, to repeat my question, are city officials doing this? There are two possible answers, as I see it:
1) City officials see themselves as having nearly absolute power over zoning. Such a sense of entitlement may stem from a variety of sources: 1) city officials' authority is rarely challenged by repeat-player developers who would rather not anger city officials they may have to deal with again and again; 2) the news media rarely takes up zoning issues as causes celebre, and 3) courts are largely deferential toward local zoning practices. This sense of entitlement may be especially acute in Chicago, where the informal practice of "aldermanic privilege" essentially grants the alderman in each ward the unfettered right to dole out land use permissions.
This is the less likely of two alternatives, however.
2) City officials knew all along that what they were proposing was unconstitutional, and never had any serious intention of banning Chick Fil-A. The real reason for their strident statements: signalling that they are gay-friendly communities. Under the public choice model of local governance, cities are conceptualized as "firms" who compete for affluent residents and tax revenues. Richard Florida has provocatively argued that one of the greatest potential resources for cities are gay residents, who tend to have high disposable incomes and have had a history of revitalizing depressed neighborhoods in many urban areas. Thus, it makes sense that these cities would want to signal their friendliness toward gays, and it especially makes sense that once one city so signalled, others did the same to ensure that they're not seen as any less gay-friendly. In this sense, the proposed Chick Fil-A bans are very similar to then-mayor Gavin Newsom performing gay marriages in San Francisco in 2004 in flagrant violation of California law.
One footnote here: If I'm right, why did New York mayor Mike Bloomberg so forcefully diverge from these other big-city officials and declare that cities have no right to ban Chick Fil-A? Perhaps Bloomberg felt he already had sufficient credibility with gays that this was an unnecessary stunt. In addition, cities aren't just competing for gays but for business. Bloomberg's corporate instincts probably led him to conclude that potential investors in NY real estate might be deterred if the city started engaging in viewpoint-discrimination among different businesses. This shows the delicate tap-dance big city officials have to constantly engage in: give sufficient tribute to the liberal constituencies while not alienating big business.
Thursday, July 26, 2012
As Jessie noted in her post on the Olympic Villages, there are many land use issues involved when a city hosts the Olympic Games. For a fantastic overview of these issues, with numerous in-depth stories, there's no better place to start than The Atlantic Cities' "Special Report" Olympics 2012: London Gets Ready for the Summer Games. Feargus O'Sullivan has been reporting from London for months, and in the past couple of weeks many of their other writers have contributed excellent stories on a slew of land-use-related Olympic issues. Here are just a few examples of the wide range of topics they've addressed:
Whether hosting the Olypmic "boondoggle" is good or bad for your city; homelessness and tourism; security issues; public attitudes--politicians telling "whingers" to "put a sock in it"; transportation concerns; architecture; planning for post-Games facilities use; affordable housing; the always-controversial of building new stadiums (stadia?); and many, many other important issues that come up when a big city offers to play host to the world.
The British media, of course, have lots of excellent coverage. But for a more specific focus on land use, local government, and urban planning issues, I highly recommend starting with The Atlantic Cities' Olympics 2012 page. They're posting several new stories each day.
In the meantime, I hope you all enjoy watching that important land use event known as the Olympic Games!
July 26, 2012 in Affordable Housing, Architecture, Comparative Land Use, History, Housing, Local Government, Planning, Politics, Redevelopment, Transportation, Urbanism | Permalink | Comments (0) | TrackBack (0)
Sunday, July 22, 2012
There has been a lot of talk lately about distribution of vegetation in urban areas. The changes are so stark that we can identify low income communities from satellite photos just on the basis of tree cover. This new study illustrates this phenomenon examining Montreal.
Spatial distribution of vegetation in Montreal: An uneven distribution or environmental inequity? By Thi-Thanh-Hien Pham, Philippe Apparicio, Anne-Marie Séguin, Shawn Landry, Martin Gagnon in Landscape and Urban Planning (2012)
Growing evidence is showing that across North American cities, underprivileged populations and racial and/or visible groups have disproportionally less access to vegetation than affluent groups, raising concerns of environmental inequity. This study aims to verify whether in Montreal (Canada) there is environmental inequity resulting from variations in urban vegetation for low-income people and visible minorities. More specifically, various vegetation indicators were extracted from very-high-resolution satellite images, including the proportion of city blocks, streets, alleys and backyards covered by total vegetation and trees/shrubs. Socio-demographic variables were obtained from 2006 Canada Census and rescaled to the city block level, by using a population-based weighing method. Statistical analysis indicates that there are disparities in the distribution of vegetation in Montreal which disfavour low-income people and, to a lesser extent, visible minorities. Disparities are also more pronounced on public land (streets, alleys) than on private land (backyards). Income is a major factor but cannot fully explain inequities among visible minorities. Notwithstanding the weak extent of such disparities, those vulnerable communities might need a better access to ecological services provided by vegetation, notably such as heat island mitigation. Compensatory equity needs to be addressed and our findings call for authorities to reconsider greening budgetary allocation and practices, especially in the most deprived neighbourhoods of the city.
Tuesday, July 17, 2012
John Infranca is a Legal Research Fellow at the Furman Center. Prior to joining the Center, he served as a law clerk to Judge Julio Fuentes, United States Court of Appeals for the Third Circuit, and Judge Berle Schiller, United States District Court for the Eastern District of Pennsylvania. John received a J.D., Order of the Coif, from New York University School of Law, where he was an editor of the New York University Law Review, a Lederman Fellow in Law and Economics, and a fellow in the Arthur Garfield Hays Civil Liberties Program. He also earned a B.A and an M.T.S. degree (in moral theology) from the University of Notre Dame. After college and during graduate school, John worked with a number of homeless services organizations, as a case manager for refugees, and as the director of a service learning program in Mexico. He has authored law review articles on the Earned Income Tax Credit and the informal economy, on protecting social security benefits from bank freezes and garnishments, and on institutional free exercise and religious land uses. At the Furman Center, John’s research focuses on land use regulation, affordable housing and urban policy. His recent projects have included providing technical assistance to the court-appointed monitor overseeing a fair housing settlement, analyzing the impact of the market downturn on multi-family rental housing, and legal and empirical studies of development rights transfers, rezonings, and residential landlord characteristics and behaviors.
John already has some great writing out there, and I've seen him at ALPS; we're thrilled to have this rising star join us at the Land Use Prof Blog for the next month.
Saturday, July 14, 2012
There is a lot of exciting stuff going on at CUNY these days. Not only have they got themselves a shiny new campus in Long Island City, the just inaugurated their new Center for Urban and Environmental Reform (CUER –pronounced “cure”). Headed up by Rebecca Bratspies, this new center is one of the few places engaging specifically with urban environmental issues. Such an endeavor necessarily involves land use issues. I was lucky enough to be invited to CUER’s inaugural scholar workshop. Titled a “Scholar’s Workshop on Regulating the Urban Environment,” the event brought together scholars from multiple disciplines as well as activists and policy makers. It was an interesting format for an event and I enjoyed hearing from architects, historians, geographers and others. I think we’ll be seeing a lot of interesting events and endeavors from this new center. I know I will be keeping my eye on it.
July 14, 2012 in Community Economic Development, Density, Development, Downtown, Economic Development, Green Building, Historic Preservation, Housing, Local Government, New Urbanism, New York, Planning, Sustainability, Urbanism | Permalink | Comments (1) | TrackBack (0)
Wednesday, July 11, 2012
The Economist recently published a little piece on the persistent patterns spatial analysts continue to find in the development of urban centers. Some of them, such as the application of Zipf's Law to the relative sizes of the most populous cities, might seem familiar. Others, regarding frequency of social contacts within cities and regions, might connect you to research worth bringing into the classroom.
Sunday, June 17, 2012
Riley Smith, Arnim Wiek from Environment and Planning C: Government and Policy contents vol 29
The concept of urban sustainability governance has developed as an institutional guiding concept to holistically address the vitality of cities under a long-term perspective and is based on the collaborative efforts of government, administration, business, science, and the civil society. Yet, the initiation and implementation of this guiding concept faces a variety of barriers, including deficient conceptualization, unfamiliarity, detrimental organizational structures, and inertia. We examine the initiation of urban sustainability governance in the City of Richmond, British Columbia, Canada. On the basis of the reviews of administrative documents and interviews with staff across various administrative levels and units, we reflect on achievements and shortcomings against guidelines of urban sustainability governance spelled out in the literature. Our study indicates accomplishments in the conceptualization of a vision and overall framework to operate from, but also a number of deficits in specifying sustainability targets, applying governance principles, and evaluating impacts. Additionally, we discuss how administrative structures influence how urban sustainability governance is being implemented. We draw conclusions regarding general factors for succeeding in the initiation and implementation of urban sustainability governance.
Keywords: sustainable governance, principles, guidelines, governance implementation, evaluation
Friday, June 15, 2012
Via Congress for the New Urbanism, I came across this link to what looks like a great panel discussion hosted by the Cato Institute and cosponsored by Next American City, called "The Death and Life of Affordable Housing." Here is the link to the video. The session features a terrific lineup of thoughtful commentators. From the event description:
Featuring Ryan Avent, Author of The Gated City; Adam Gordon, Staff Attorney, Fair Share Housing; Randal O'Toole, Senior Fellow, Cato Institute, and author of American Nightmare: How Government Undermines the Dream of Homeownership; Matthew Yglesias, author of The Rent Is Too Damn High; moderated by Diana Lind, Executive Director and Editor-in-Chief, Next American City. . . .
The Cato Institute and Next American City will jointly host a panel discussion about housing and development policy in American cities. For several decades, U.S. policymakers have grappled with how to make housing more affordable for more people. In the past year, several new books have claimed that various government tools, such as zoning and subsidies, have limited people's access to desirable, affordable housing—while other leading thinkers have suggested that markets alone will not create socially, economically, and environmentally sustainable communities. With a shared goal of creating livable, affordable communities for all people—but diverging ideas of how to get there—the panel will give voice to a range of perspectives on the hotly debated issue of how to shape 21st-century American cities.
I plan to check it out this weekend. Enjoy,
June 15, 2012 in Affordable Housing, Books, Conferences, Development, Environmentalism, Housing, Lectures, Planning, Scholarship, Sustainability, Urbanism, Zoning | Permalink | Comments (0) | TrackBack (0)
Wednesday, June 6, 2012
Christopher Leinberger (Brookings) and Mariela Alfonso have published Walk this Way:The Economic Promise of Walkable Places in Metropolitan Washington, D.C., an economic analysis of certain DC neighborhoods using walkability measures. The study offers four findings:
--More walkable places perform better economically.
--Walkable places benefit from being near other walkable places.
--Residents of more walkable places have lower transportation costs and higher transit access, but also higher housing costs.
--Residents of places with poor walkability are generally less affluent and have lower educational attainment than places with good walkability.
The authors urge inclusion of walkability measures into lender underwriting criteria, developer feasability analyses, and private foundation sustainability metrics. In a brief article on TheAtlanticCities.com, Leinberger argues that walkability in neighborhoods has become a price benefit and that cities need to meet the growing demand. (Hat tip to my NDLS colleague Chris O'Byrne for sharing TheAtlanticCities.com piece)
Tuesday, May 22, 2012
Today I was listening to a podcast from the Congress for the New Urbanism's annual meeting last week (more on CNU 20 to come . . . ), and I heard a talk by Charles L. Marohn, Jr., the Executive Director of a nonprofit called Strong Towns. The organization is dedicated to improving community life at the town and neighborhood level. Here's a link to its ten Placemaking Principles for Strong Towns.
What looks like the best feature is the excellent Strong Towns Blog, which posts in-depth original analyses three times per week. Recent posts are on topics such as "The Micro City Beautiful"; Low-Impact Development (LID) vs. New Urbanism; and weekly news digests of interesting land use and planning stories. Check it out.
Friday, May 18, 2012
Lisa Grow Sun posted this paper last year. It should be of great interest to land users: Smart Growth in Dumb Places: Sustainability, Disaster, and the Future of the American City. The abstract:
One of the many lessons of the recent earthquake and tsunami in Japan is that we cannot mitigate disaster risk through building codes and other structural solutions alone. Location is key to a community’s natural hazard vulnerability. Consequently, the most far-reaching and important question for disaster mitigation today is where we will channel the growth that will be needed to accommodate our expanding population. Yet, both environmental scholars and policymakers are promoting sustainability initiatives that will channel our country’s future growth into existing urban areas that are already extremely vulnerable to disaster. Indeed, many of these policies - and the legal tools used to implement them - are channeling growth, not only into particularly vulnerable cities, but into the riskiest areas of those cities. This Article is the first to identify and explore this critical tension between disaster mitigation and current sustainability policies.
The impact of current and future disasters on land use is a very important policy issue. Sun offers a different take on the conventional wisdom--which I have indulged in too--that more urbanism is always better. Sun suggests that we should be more discerning with our prescriptions.
Wednesday, May 16, 2012
Last week the NYU Furman Center published its latest research on the State of New York City's Housing and Neighborhoods.
The Furman Center is pleased to present the 2011 edition of the State of New York City’s Housing and Neighborhoods. In this annual report, the Furman Center compiles statistics on housing, demographics and quality of life in the City, its five boroughs and 59 community districts.
This year we examine the distribution of the burden of New York City’s property tax, analyze the changing racial and ethnic makeup of city neighborhoods, evaluate the state of mortgage lending in New York City and highlight the Furman Center’s latest research on public and subsidized rental housing.
Here is a link to the full report: http://furmancenter.org/files/sotc/SOC_2011.pdf
The Furman Center does the leading empirical analysis of land use policy today. This report shows that "owners of New York City’s large rental apartment buildings are subject to a higher effective property tax rate than owners of one-to three-family homes, and bear a disproportionate share of the city’s overall property tax burden." Very interesting stuff. Thanks to Meghan Lewit for the link. Here is the web link to the project, and the full report is here.
Regular readers know that we love the National Building Museum. And any land use professional knows that we all love to talk about Jane Jacobs. So here's an event that might be of great interest: Urban Forum: What Would Jane Jacobs Do?
Fifty one years after Jane Jacobs published her seminal book The Death and Life of Great American Cities, her ideas on liveable, walkable, and diverse neighborhoods continue to impact how urban environments are designed. A panel discusses Jane Jacobs’ legacy, including urban renewal, historic preservation, mixed-use zoning, and public space. Light refreshments will be served.
- Bing Thom, Bing Thom Architects
- Harriet Tregoning, director, Washington D.C. Office of Planning
- Susan Szenasy, editor-in-chief, Metropolis Magazine (moderator)
- John Zuccotti, co-chairman of the board, Brookfield Properties Corporation and former Chairman of the New York City Planning Commission
Free (but required) registration is available for the event on Sunday, May 20, 2012 at 10:00-11:30. Check it out! If you are able to go to WWJJD, I'd love to hear about it.
Friday, April 13, 2012
John Gillespie (Monash University) has posted Exploring the Limits of the Judicialization of Urban Land Disputes in Vietnam, Law and Society Review, Volume 45, No. 2, pp. 241-275, 2011. The abstract:
Economic and legal reforms have triggered waves of conflict over property rights and access to urban land in Vietnam. In this article I develop four epistemic case studies to explore the main precepts and practices that courts must negotiate to extend their authority over land disputes. Courts face a dilemma: Do they apply state laws that disregard community regulatory practices and risk losing social relevance, or apply community notions of situational justice that undermine rule formalism? I conclude that reforms designed to increase rule formalism in the courts may have the unintended consequence of reducing the capacity for judges to find lasting solutions to land disputes.