Friday, July 25, 2008
This morning's email brings the program for a conference in honor of Morton Horwitz, which will be held at Harvard Law School this September 26 and 27. It is sponsored by Harvard Law School, The Harvard Civil Rights-Civil Liberties Law Review and the Illinois Legal History Program. Mary Dudziak's Legal History Blog has all the details. Daniel Hamilton's done his typically awesome work of putting together a very full program.
Wednesday, July 23, 2008
Propertyprofs will want to check out Michael Allan Wolf's new book The Zoning of America: Euclid v. Ambler, which is appearing next month in the University Press of Kansas' important series on Landmark Law Cases. Here is the description from the Kansas website:
When the Cleveland suburb of Euclid first zoned its land in 1922, the Ambler Realty Company was left with a sizable tract it could no longer sell for industrial use—and so the company sued. What emerged was the seminal zoning case in American history, pitting reformers against private property advocates in the Supreme Court and raising the question of whether a municipality could deny property owners the right to use their land however they chose.
Reconstructing the case that made zoning a central element in urban planning for cities and towns throughout America, Michael Allan Wolf provides the first book-length study of the Supreme Court’s landmark Euclid v. Ambler decision. Wolf describes how the ordinance, and the defense of it, burst onto the national stage and became the focus of litigation before moving all the way to the nation’s highest court. He subsequently reveals how and why Justice George Sutherland broke from the Court’s conservative bloc to support the urban reform movement eager to protect residential neighborhoods from disturbances created by rapidly expanding commercial, industrial, or multifamily uses of land. Following that decision, America saw the rapid proliferation of zoning ordinances, which greatly increased the power of local government to control and rationalize urban planning.
As Wolf attests, many of today’s environmental and land use laws might not have been deemed legal had Euclid v. Ambler been decided differently. But he also points out the potential dangers that emerged from the decision, such as its anticompetitive impact on the real estate market, its catalyzing effect on suburban sprawl, and its establishment of a legal basis for excluding minority groups from neighborhoods.
Wolf’s compelling account makes it clear that Euclid v. Ambler fundamentally altered how we think about the urban landscape, changed the way our cities and suburbs are organized, and left a long shadow over subsequent cases such as the controversial Supreme Court decision in Kelo v. New London (2005).
I'm looking forward to reading it.