Thursday, January 3, 2019

Ending the single-family district isn't so simple

I recently published an op-ed in the Minneapolis Star-Tribune about efforts to eliminate single-family districts and how restrictive covenants might make that not such an easy proposition.  

The full op-ed is here.

Here is the beginning:

In December, Minneapolis became the first American city to decide to eliminate single-family residential districts by permitting triplexes in all the city’s residential zones.
Minneapolis is not alone in pursuing a change: Other cities — including Seattle and Portland — are contemplating more dense development in their single-family districts. Legislation in California has contemplated state pre-emption of local single-family zoning around train stations.
California also recently required the permitting of accessory dwelling units (i.e., “in-law” units) in most of the state’s single-family districts.
All these efforts are controversial, but perhaps inevitable: In Minneapolis, 60 percent of the city’s area was designated single-family residential. Many U.S. cities are similarly zoned. If cities want to address housing affordability, racial segregation or climate change in any meaningful way, the single-family district has got to give.
Receiving little attention, however, is the fact that changing the zoning does not ensure the end of the single-family district. Since the Industrial Revolution, this country has had two overlapping systems of land control: one public, implemented through zoning; and one private, implemented through the “restrictive covenant.”
Until the Industrial Revolution, courts disfavored restrictive covenants. But rapidly increasing urbanism and industrialism needed a legal tool to control change. American courts responded by making restrictive covenants easier to use.
By the late 1860s, when Frederick Law Olmsted developed the Chicago suburb of Riverside, Ill., he utilized restrictive covenants to do work now typical of zoning, such as mandatory setbacks. By the early 20th century, whole cities — like Beverly Hills — and neighborhoods within cities — like Country Club in Kansas City, Mo. — were regulated solely by private restrictive covenants that, among their most controversial restrictions, forbade sale to African-Americans.
Racially restrictive covenants were made unenforceable by the Supreme Court’s 1948 decision in Shelley vs. Kraemer. But by then, the public system of zoning, which took off after it was held constitutional in the Supreme Court’s 1926 decision in Euclid vs. Ambler, provided a public alternative to the covenant.
A city could zone out multifamily housing and when mixed with federal mortgage policy that prevented minorities from getting mortgages for single-family homes, create de facto segregation.
Now that Minneapolis and other cities are changing the public regulations, private regulation may well return in force.
Some 20 percent of Americans already live in a community governed by restrictive covenants, such as Covenants, Conditions and Restrictions (CC&Rs), where the most common requirement is retention of the single-family residential use. If Minneapolis does not address the private restrictive covenant, it may simply see neighborhoods record restrictive covenants to maintain the single-family nature of the neighborhood by private agreement when no longer mandated by public regulation.

See the rest of the op-ed here.

 

January 3, 2019 | Permalink | Comments (0)

Wednesday, December 12, 2018

This Friday! Free ABA webinar on comprehensive planning (details included)

From Sarah Adams-Schoen (Arkansas-Little Rock):

As chair of the ABA State & Local Gov't Law section's Land Use Committee, I host semi-monthly webinars on land use law topics. This month's will be presented by Portland, Oregon attorney Jennifer Bragar on comprehensive planning law. Among other things, Jennifer will discuss recent judicial opinions from states that ascribe quasi-constitutional status to comprehensive plans, and the closer scrutiny the courts apply in these cases to assure consistency or conformity of local actions--including adoption or amendment of land use regulations--with the applicable comprehensive plan. Given that what constitutes the comprehensive plan can include a locality's previous land use decisions and its zoning ordinance, consistency determinations must often take aim at a moving target.

These webinars are open to anyone and free (they're not accredited for CLE, but you can self-accredit if needed). 

Here are the details: 

Comprehensive Planning Law Update--

The Plan as an Impermanent Constitution

Friday, December 14, 2-3 pm ET

To join the online meeting, click: zoom.us/j/8013549496

(You can also join the meetings from a mobile device by downloading the Zoom app and then clicking zoom.us/j/8013549496, or from your phone by calling either +1 669 900 6833 (US Toll) or +1 929 436 2866 (US Toll) and entering the Meeting ID: 801-354-9496. International numbers are available at zoom.us/u/dkiEeM2u.) 

Upcoming topics include: 

"Community Prosecution," on Jan. 11, 2019, by Chhunny Chhean, Esq.

"Distressed Properties," on Mar. 8, 2019, by Jessica Bacher, Executive Director, Pace Land Use Law Center

"Land Use Ethics," on May 10, 2019, by Patricia Salkin, Provost, Graduate & Professional Divisions, Touro College

"Fracking & Health," on June 14, 2019, by Erica Powers, Esq.

December 12, 2018 | Permalink | Comments (0)

Sunday, December 9, 2018

West Must Develop a Wildfire Ethic to Survive

The San Francisco Chronicle published my op-ed on wildfire in the West last Friday.  A link to the op-ed is here.

Wildfire

 

 

 

December 9, 2018 | Permalink | Comments (0)

Monday, December 3, 2018

Dec 6: Pace Land Use Law Center's annual Alfred B. DelBello Land Use & Sustainable Development Conference

The Pace Land Use Law Center’s annual Alfred B. DelBello Land Use & Sustainable Development Conference is a significant educational event in the region, with more than 250 attorneys, business professionals, and local leaders learning about national, regional, and local challenges and innovations. This year’s theme: Sustainable Development as a Market Driver. Join us on Thursday, December 6th to discuss the challenges local governments in the New York Metropolitan area face when it comes to developing new ways to plan, regulate, and design communities. This year’s conference will focus on comprehensive and area planning, zoning for downtown redevelopment, sign regulations, SEQRA, and so much more. CLE, CM, and AIA credits available.

CONFERENCE KEYNOTES

Opening Keynote

Christopher B. Leinberger, Metropolitan Land Strategist

Christopher B. Leinberger is a land use strategist, professor, real estate developer, researcher, speaker and author, who balances business realities with social and environmental concerns. Mr. Leinberger is the:

Read Mr. Leinberger's full bio

Lunch Keynote

Sam Schwartz, PE, President, and CEO of Sam Schwartz Consulting, LLC

Mr. Schwartz is President, and CEO of Sam Schwartz Transportation Consultants a firm that specializes in transportation planning and engineering. In addition to his 1982 to 1986 post as Traffic Commissioner at the New York City Department of Transportation, he has served as an adjunct professor of engineering at Cooper Union, Long Island University, and Brooklyn College. Mr. Schwartz is also the Inaugural Ted Kheel Fellow at Hunter College’s Roosevelt House Public Policy Institute. Among the many roles he has held throughout his career, he is the acclaimed author of Street Smart: The Rise of Cities and The Fall of Cars, and No One at the Wheel: Driverless Cars and the Road of the Future (2018). He also pens the “Gridlock Sam” and “Transit Sam” columns in the New York Daily News and Downtown Express.

Mr. Schwartz serves on the board of the Regional Plan Association, the Sports and Arts in Schools Foundation, and is a Fellow of the Institute of Transportation Engineers. His accomplishments over the course of his career have been recognized with a wide array of awards, including, most recently, Transportation Alternatives’ David Gurin Award, Riders Alliance Honoree, the NYC Zoning Advisory Council Honor Award, and the AAA Traffic Safety Award.

CONFERENCE SESSIONS

Planning Ethics (for Professional Planners)

Ethics in Land Use: Guiding Principles for Attorneys and Land Use Board Members

Capturing Smart Growth: The Planning Net

The New (and Old) Secrets About SEQRA

Pipes, Pumps & Plants: Developing Infrastructure to Grow Communities

The Local Role in State Climate Goals

A Sign (Code) of the Times

Capturing Smart Growth: The Regulatory Net

Case Law Updates: Recent Developments in Land Use Law

PRE-CONFERENCE: FOUNDER’S AWARD DINNER

On Wednesday evening, December 5th, 2018, the Center will host a pre-conference dinner and networking event. Please join the Land Use Law Center for this special event as we honor Richard L. O’Rourke, Esq., with this year’s Founder’s Award and Noelle C. Wolfson with our first Distinguished Young Attorney Award.  The award will be presented at a Dinner and Award Ceremony at The Mansion on Broadway in White Plains at 6:00 pm.

CONFERENCE SPONSORS

 

December 3, 2018 | Permalink | Comments (0)

Thursday, November 29, 2018

CFP: 5th Sustainability Conference of American Legal Educators (SCALE) + Morrison Prize ($10,000) nominations

From Troy Rule at ASU Law:

Call for Presentation and Panel Proposals for the Fifth Annual Sustainability Conference of American Legal Educators.  The conference will be held on May 10, 2019, at ASU Law in downtown Phoenix, AZ.  Each year, roughly 50 law professors from throughout North America are selected annually to speak at this conference, and their airfare/transportation costs (up to $500) and lodging are covered by ASU.  The conference’s focus encompasses land use law (and other areas, too), and Michael Gerrard (Columbia) will be this year’s keynote speaker. 

Here’s a link with more information about the conference and how to submit proposals: http://events.asucollegeoflaw.com/sustainabilitylawconference/.   

In connection with the conference, ASU is also conducting its Fourth Annual Morrison Prize Contest.  This is a $10,000 prize contest for recent environmental sustainability-related law journal articles that are ALREADY WRITTEN.  Entrants must merely send five offprints of their article and a cover letter to the address in the Call for Entries.  The deadline (December 31) for entering the contest is fast approaching.  Information on that is below.

 

$10,000 prize for an article you've already published! 

The Morrison Prize is a $10,000 award presented annually to the author(s) of the most impactful sustainability-related legal academic paper published in North America during the previous year. The prize winner(s) will present the winning paper in a plenary session at the Fifth Annual Sustainability Conference of American Legal Educators on May 10, 2019, which will be held at the Beus Center for Law and Society located on the ASU Downtown Phoenix campus.

Eligibility:

The Morrison Prize contest is open to full-time law professors who have published environmental sustainability-related papers in printed U.S. or Canadian legal academic journals during the contest period. The contest is not open to students. All papers appearing in a qualifying journal's final 2017 issue or in an issue printed and circulated prior to November 15, 2018, fall within the 2019 contest period. Works-in-progress and papers that are not published in print form before the deadline are not eligible. Papers focused on topics in environmental law, water law, energy law, natural resources law, land use law, disaster law, climate change law, or agricultural law meet the subject matter requirements for eligibility.

Judging Process and Criteria:

The Morrison Prize seeks to recognize the paper published within the eligibility period that is likely to have the most significant positive long-term impact on the advancement of the environmental sustainability movement. All eligible papers entered into the prize contest will undergo independent review and scoring by a diverse group of full-time law professors who teach in environmental sustainability-related areas at four different accredited North American law schools.
 
The contest scoring system focuses primarily on a paper's quality and originality of analysis (20%) and potential for real-world impact on policy developments directly related to environmental sustainability goals (80%).

ASU Law will announce the 2019 Morrison Prize winner in February. The winner must present the winning paper at the May 2019 Sustainability Conference of American Legal Educators to claim the cash prize.

How to Enter:

To enter the 2019 Morrison Prize contest, mail a cover letter and five (5) offprints of your qualifying paper to:

Josh Abbott
Sandra Day O'Connor College of Law
Mail Code 9520
Arizona State University
111 E. Taylor Street
Phoenix, AZ 85004-4467

The deadline for submitting papers is December 31, 2018.

Entries postmarked by the deadline will be accepted. Nominations of colleagues' or peers' articles are welcome but must include five (5) offprints. For any questions regarding the contest, please contact Josh Abbott at 480-965-2465 or josh.abbott@asu.edu.

November 29, 2018 | Permalink | Comments (0)

Wednesday, November 21, 2018

Mulvaney on Property-as-Society

Tim Mulvaney (Texas A&M) has posted Property-as-Society on SSRN.  The paper will also be published in the Wisconsin Law Review.  Here is the abstract:

Modern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive view sees property as serving a wide range of evolving communal values that include, but are not limited to, those advanced under both the libertarian and pecuniary conceptions (property-as-society). Against this backdrop, the Article offers two contentions. First, on normative grounds, it asserts that the conception of property-as-society presents a more useful structure for assessing whether an allocative choice is fair and just absent compensation than the conceptions of property-as-liberty and property-as-investment. Second, on doctrinal grounds, it suggests that the property-as-liberty conception has fallen from grace in takings jurisprudence since its peak in Lucas v. South Carolina Coastal Council in 1992; moreover, while the property-as-investment understanding remains of some force, the property-as-society conception has ascended to a position of jurisprudential prominence, as most recently evidenced in both the majority and the dissenting opinions in the 2017 matter of Murr v. Wisconsin.

 

November 21, 2018 | Permalink | Comments (0)

Friday, November 16, 2018

Real Estate Review seeking short articles / excerpts for Winter, 2019 edition

As some of you know, I am the editor-in-chief of Real Estate Review, a quarterly Thomson Reuters publication aimed at legal professionals and the real estate industry more generally.  I am seeking several additional 2,000 - 5,000 word articles for our upcoming edition.  I would need the submissions by mid-December.  The articles do not need to be copiously footnoted.  Excerpts of larger articles--where permitted by previous publisher--are also welcome.  While articles tend to focus on legal issues, the broader areas of real estate practice are also encouraged!

E-mail me if you have interest at millers@uidaho.edu.

I am also pleased to say that, beginning with this edition, we will offer a $150 honorarium per accepted article.  

RER Logo

 

November 16, 2018 | Permalink | Comments (0)

Thursday, November 15, 2018

2019 Affordable Housing & Community Development Law Law Student Legal Writing Competition

The Forum on Affordable Housing and Community Development Law of the American Bar Association is sponsoring its annual student competition.  Details are in the pdf below.

Download 2019 ABA Writing Competition Guidelines

November 15, 2018 | Permalink | Comments (0)

Wednesday, November 14, 2018

Video from Law, Planning and Wildfire in the Wildland-Urban Interface conference now available

The archived video from the University of Idaho's Law, Planning and Wildfire in the Wildland-Urban Interface conference now available here.  The schedule of events is available below:

Download Wildfire Symposium - Schedule

There were a number of excellent presentations that I think many will find timely.

 

 

November 14, 2018 | Permalink | Comments (0)

Tuesday, November 13, 2018

The Cambridge Handbook of the Law of the Sharing Economy now available!

The brand new Cambridge Handbook of the Law of the Sharing Economy, which was edited by Nestor Davidson (Fordham), Michele Finck (Oxford), and John Infranca (Suffolk) will be available Nov 22.  With essays by 36 scholars, it will surely be a resource for both academic and regulator alike in the coming years.  View the table of contents here.  

I'm excited to be a part of the collection. 

9781108416955A

 

November 13, 2018 | Permalink | Comments (0)

Saturday, November 10, 2018

Call for Papers: 10th Annual Conference on Law, Property, and Society (ALPS)

Call for Papers 10th Annual Conference on Law, Property, and Society

For more information, as well as registration, please visit:

http://ALPS2019.syr.edu

The Association for Law, Property & Society (ALPS) is an organization for those engaged in
scholarship on all aspects of property law and society. Its annual meeting brings together scholars
from different disciplines and from around the world to discuss their work and to foster dialogue
among those working in property law, policy, planning, social scientific field studies, modeling,
and theory. Most annual meetings include participants attending from six continents, representing
numerous counties, and working in common law, civil law, Indigenous law, and mixed legal
traditions. ALPS will hold its 10th Annual meeting at Syracuse University, in Syracuse New York,
May 16-18. The dates include a pre-conference reception on the evening of May 16; full day
meetings on May 17-18, each with continental breakfast, lunch, and light reception; and an
optional field trip during the day on May 16. Field trip detail will be available prior to registration
and tentatively include a visit to the Oneida Indian Nation of New York. The Oneida Indian Nation
is one of the original members of the Haudenosaunee people (also known as the Six Nation of the
Iroquois).

Paper submissions on any subject related to property law and the practices that shape property
norms and institutions are welcome. ALPS has a strong commitment to international and
interdisciplinary diversity, and paper topics reflecting that commitment are encouraged. ALPS
accepts both individual paper submissions and proposals for fully formed panels (usually 3 to 4
presenters, sometimes including films or multimedia outputs). Individually organized sessions of
full panels may have as few as 3 presenters; all sessions with individually submitted papers will
typically have at least 4 presenters. Submissions may be of full paper drafts and completed
projects, or early works-in-progress.

While papers on any topic of property law are welcome, some possible organizing themes might
include property in relation to...

• Disability law, the Built Environment, and Accessibility • Indigenous People • Energy Law • Water Law • Climate Change • Land Use Planning, Land Regulation, and Zoning • Historic Preservation • Property and Real Estate Development • Environment • Housing • Human Rights • Natural Law • Tax • Mortgages and Financing • Land Titles / Land Registries • Tenure • Estates • Conveyancing • Intellectual Property, Patents, Trademark, Copyright • Property Theory • Theoretical Approaches to Property: e.g. Feminist; Economic; Empirical; Behavioral; Semiotic • Historical Perspectives on Property • Takings, Confiscation, and Compensation

Submissions should include an abstract of no more than 250 words. In addition, submissions must include: (1) the name of the submitting scholar, (2) the scholar’s institution, and (3) an email contact for the author or authors. If submitting a panel, please insure that an abstract for each paper accompanies the submission and that each abstract includes the name of the panel. Abstracts may be submitted beginning October 10, 2018. Submissions may be made via the concerned webpages. Authors and panel proposers will be notified of the acceptance of their individual submissions or proposed panel on a rolling basis starting after December 1, 2018. In general, each presenter will be limited to one research paper presentation per conference, although some exceptions may be made for special discussion groups or other unique thematic panels. The deadline for submitting papers and panels is February 20, 2019.

Conference registration will open December 1, 2018. The cost of registration is as follows:

                                                           Regular           Full-time LL.M. or PhD students

Until January 31, 2019                  $195                $75

Beginning February 1, 2019         $280               $125

Registering for the conference authorizes ALPS to include your name, institutional affiliation, and e-mail in the official program for attendees.

November 10, 2018 | Permalink | Comments (0)

Thursday, October 18, 2018

LIVE Friday: Law, Planning and Wildfire in the Wildland-Urban Interface

The University of Idaho College of Law's conference on wildfire planning and law is being broadcast live this Friday.  Tune in if you have a chance.  All times Mountain.

Click here to view the live video and then select "Lincoln Auditorium."

Law, Planning and Wildfire in the Wildland-Urban Interface

Law, Planning and Wildfire in the Wildland-Urban Interface: The Future of Government and Governance of Disaster in the West

State Capitol Building, Lincoln Auditorium
Boise, Idaho
Oct. 19, 2018
8:30 a.m. – 5:00 p.m. 
Basic Admission:  $75

Schedule

8:00 - 8:45 Registration and Light Breakfast (Capitol Cafeteria)
8:45 - 9:00 Introductory Remarks
Stephen R. Miller, Associate Dean & Professor of Law, University of Idaho College of Law
9:00 - 10:00 How is Wildfire in the WUI Different? How Do We Plan for It?

Trends, Impacts, and the Economics of Wildfires at the Community Scale
Kimiko Barrett, Research & Policy Analyst, Headwaters Economics

Using Pre-Disaster Community Capacity to Address Land Use Post-Wildfire: Three California Case Studies
Edith Hannigan, Land Use Planning Policy Manager, California Board of Forestry and Fire Protection
10:00 - 11:15 Finding Success in WUI Regulations: A Case Study from Washington State
Molly Mowery, President, Wildfire Planning International
Craig Gildroy, Planning Director, City of Chelan, Washington
Mike Kaputa, Director, Chelan County Natural Resources, Chelan County, Washington
Steve King, Economic Development Director, City of Wenatchee, Washington
BREAK  
11:30 - 12:00 Fires of Change
Shawn Skabelund, Installation Artist / Curator
12:00 - 1:00 Lunch (Capitol Cafeteria)
1:00 - 2:00 What are the Limits of Planning for Wildfire in the WUI?

Limits to Adaptation: Post-Wildfire Views of WUI Regulations and Planning
Miranda Mockrin, Research Scientist, U.S. Forest Service, Northern Research Station
Hillary Fishler, School of Sociology, Social Work, and Anthropology, Utah State University
Susan Stewart, Research Scientist, U.S. Forest Service (Ret.)

Addressing the Impact of Absentee Landowners on Community Wildfire Safety
Meghan Housewright, Director, Fire and Life Safety Policy Institute, National Fire Protection Association
Michele Steinberg, Manager, Wildfire Division, National Fire Protection Association
2:00 - 3:15

Envisioning a Cohesive Wildfire Strategy for the Northern Rockies
Sandi Zellmer, Professor of Law, Director of Natural Resources Clinics, University of Montana School of Law
Michelle Bryan, Professor of Law, University of Montana School of Law
Samuel Panarella, Professor & Director, Max S. Baucus Institute, University of Montana School of Law
Ronald K. Swaney, Fire Management Officer, Confederated Salish & Kootenai Tribes

BREAK  
3:30 - 4:30 The Role of Informal Governance in Wildfire Planning: Observations from Idaho
Stephen R. Miller, Professor of Law & Associate Dean for Faculty Development, University of Idaho College of Law
Jaap Vos, Professor & Program Head, Bioregional Planning & Community Design, University of Idaho College of Art and Architecture
Eric Lindquist, Associate Professor, School of Public Service, Boise State University
4:30 Reception (Idaho Law & Justice Learning Center)

October 18, 2018 | Permalink | Comments (0)

Monday, October 8, 2018

Zoned Out: How Zoning Law Undermines Family Law's Functional Turn

Kate Redburn, a student at Yale Law, has posted "Zoned Out:  How Zoning Law Undermines Family Law's Functional Turn."  Here is the abstract:

A fundamental contradiction in the legal definition of family lurks at the intersection of family law and zoning law. One set of doctrines has increasingly recognized the claims of “functional families,” the other has come to rely on the definition of “formal family”- those related by blood, marriage or adoption. As a result, the “functional turn” in family law is undermined or unstable in at least 32 states. Using original legal analysis and historical research, this paper illuminates that contradiction, explains how it came about, and argues that it must be resolved in favor of functional families. After a brief introduction (Part I), Part II surveys the "functional turn" in state family law, while Part III offers a novel history of the definition of family in zoning law, which I call the "formal turn." Part IV offers normative and practical reasons why the definition of family should be loosened, offering recommendations for legislative and judicial solutions.

 

October 8, 2018 | Permalink | Comments (0)

Wednesday, September 19, 2018

APA launches a new timeline of planning

The American Planning Association has a nifty new timeline of planning, which is worth a look and might be a good background tool to mention for students.  It is available here.

September 19, 2018 | Permalink | Comments (0)

Thursday, September 13, 2018

Vacant Property Research Network issues new policy brief on strategic code enforcement

From Kermit Lind...

The Vacant Property Research Network has issued new policy brief on strategic code enforcement.  You can view it here.  

September 13, 2018 | Permalink | Comments (0)

Sunday, September 9, 2018

CFP: ABA Journal of Affordable Housing & Community Dev Law: Sustainability in Affordable Housing, Fair Housing & Community Development

From Tim Iglesias:

ABA Journal of Affordable Housing & Community Development Law

 

Call for Papers

 

Sustainability in Affordable Housing, Fair Housing

 & Community Development

 

Abstracts due October 15, 2018

 

Drafts due January 1, 2019

TheJournal of Affordable Housing & Community Development Law(the Journal)invites articles and essays on the theme of sustainability in affordable housing, fair housing and community development. Contributions couldexplore sustainability from environmental, economic, social or political perspectives and address topics ranging from green building and disaster preparedness/response to affordable housing preservation to funding for local fair housing organizations. Articles and essays could analyze new issues, tell success stories and draw lessons, or explore problems and propose legal and policy recommendations. The Journalwelcomes essays (typically 2,500–6,200 words) or articles (typically 7,000-10,000 words). 

In addition, the Journal welcomes articles and essays on any of the Journal’straditional subjects: affordable housing, fair housing and community/economic development. Topics could include important developments in the field; federal, state, local and/or private funding sources; statutes, policies or regulations; and empirical studies.

The Journalis the nation’s only law journal dedicated to affordable housing and community development law.  The Journaleducates readers and provides a forum for discussion and resolution of problems in these fields by publishing articles from distinguished law professors, policy advocates and practitioners.

Interested authors are encouraged to send an abstract describing their proposals to the Journal’s Editor-in-Chief, Tim Iglesias, at iglesias@usfca.eduby October 15, 2018. Submissions of final articles and essays are due by January 1, 2019.The Journal also accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.

September 9, 2018 | Permalink | Comments (0)

Friday, September 7, 2018

Free Online Sept. 14: ABA State & Local Gov Land Use Committee presentation: "Mt. Laurel: An Update"

From Sarah Adams-Schoen:
 
Next Friday's online meeting of the ABA State & Local Government Law Land Use Committee will feature a presentation on "Mt. Laurel: An Update," by Judge (retired) Peter A. Buchsbaum & Kevin D. Walsh, Exec. Dir. of the Fair Share Housing Center. The event is Fri., Sept. 14, 1-2 CT. 
 
The meeting is open to anyone, so please feel free to join if you're interested, and please forward this invitation to students or others you know who may be interested.  
 
To attend, simply join the online meeting on September 14 at 1 pm CT, by clicking (or copying and pasting into your browser): 
 
 
(You can also join the meeting from a mobile device by downloading the Zoom app and then clicking https://zoom.us/j/8013549496, or from your phone by calling either +1 669 900 6833 (US Toll) or +1 929 436 2866 (US Toll) and entering the Meeting ID: 801-354-9496. International numbers are available at https://zoom.us/u/dkiEeM2u.)

September 7, 2018 | Permalink | Comments (0)

Wednesday, September 5, 2018

Oct 19: Law, Planning and Wildfire in the Wildland-Urban Interface: The Future of Government and Governance of Disaster in the West

I am pleased to announce that on October 19, 2018, the University of Idaho College of Law, along with UI's Bioregional Planning Department, Boise State University's School of Public Service, and the Idaho Department of Lands, will host a day-long event on legal and planning tools for wildfire management in the wildland-urban interface.  

In addition, the events will be broadcast live on the Internet and archived.  I hope some of you will be able to join us in person or online.  The schedule and registration just went public and are reproduced below.  The official page is here.

 

 

Law, Planning and Wildfire in the Wildland-Urban Interface: The Future of Government and Governance of Disaster in the West

State Capitol Building, Lincoln Auditorium
Boise, Idaho
Oct. 19, 2018
8:30 a.m. – 5:00 p.m. 

Schedule

8:00 - 8:45 Registration and Light Breakfast (Capitol Cafeteria)
8:45 - 9:00 Introductory Remarks
Stephen R. Miller, Associate Dean & Professor of Law, University of Idaho College of Law
9:00 - 10:00 How is Wildfire in the WUI Different? How Do We Plan for It?

Trends, Impacts, and the Economics of Wildfires at the Community Scale
Kimiko Barrett, Research & Policy Analyst, Headwaters Economics

Using Pre-Disaster Community Capacity to Address Land Use Post-Wildfire: Three California Case Studies
Edith Hannigan, Land Use Planning Policy Manager, California Board of Forestry and Fire Protection
10:00 - 11:15 Finding Success in WUI Regulations: A Case Study from Washington State
Molly Mowery, President, Wildfire Planning International
Craig Gildroy, Planning Director, City of Chelan, Washington
Mike Kaputa, Director, Chelan County Natural Resources, Chelan County, Washington
Steve King, Economic Development Director, City of Wenatchee, Washington
BREAK  
11:30 - 12:00 Fires of Change
Shawn Skabelund, Installation Artist / Curator
12:00 - 1:00 Lunch (Capitol Cafeteria)
1:00 - 2:00 What are the Limits of Planning for Wildfire in the WUI?

Limits to Adaptation: Post-Wildfire Views of WUI Regulations and Planning
Miranda Mockrin, Research Scientist, U.S. Forest Service, Northern Research Station
Hillary Fishler, School of Sociology, Social Work, and Anthropology, Utah State University
Susan Stewart, Research Scientist, U.S. Forest Service (Ret.)

Addressing the Impact of Absentee Landowners on Community Wildfire Safety
Meghan Housewright, Director, Fire and Life Safety Policy Institute, National Fire Protection Association
Michele Steinberg, Manager, Wildfire Division, National Fire Protection Association
2:00 - 3:15 Envisioning a Cohesive Wildfire Strategy for the Northern Rockies: A Case Study from Montana
Michelle Bryan, Professor of Law, University of Montana School of Law
Samuel Panarella, Associate Professor & Director, Max S. Baucus Institute, University of Montana School of Law
Sandi Zellmer, Professor of Law, Director of Natural Resources Clinics, University of Montana School of Law
BREAK  
3:30 - 4:30 The Role of Informal Governance in Wildfire Planning: Observations from Idaho
Stephen R. Miller, Professor of Law & Associate Dean for Faculty Development, University of Idaho College of Law
Jaap Vos, Professor & Program Head, Bioregional Planning & Community Design, University of Idaho College of Art and Architecture
Eric Lindquist, Associate Professor, School of Public Service, Boise State University
4:30 Reception (Idaho Law & Justice Learning Center)

September 5, 2018 | Permalink | Comments (0)

Sunday, September 2, 2018

Gregory M. Stein: Will the Sharing Economy Increase Inequality?

Gregory M. Stein (Tennessee) has posted, "Will the Sharing Economy Increase Inequality?" on SSRN.  Here is the abstract:

The rise of the sharing economy benefits consumers and providers alike. Consumers can access a wider range of goods and services on an as-needed basis and no longer need to own a smaller number of costly assets that sit unused most of the time. Providers can engage in profitable short-term ventures, working on their own schedule and enjoying many new opportunities to supplement their income. Sharing economy platforms often employ dynamic pricing, which means that the price of a good or service varies in real time as supply and demand change. Under dynamic pricing, the price of a good or service is highest when demand is high or supply is low. Just when a customer most needs a good or service – think bottled water after a hurricane – dynamic pricing may price that customer out of the market. This Article examines the extent to which the rise of the sharing economy may exacerbate existing inequality. It describes the sharing economy and its frequent use of dynamic pricing as a means of allocating scarce resources. It then focuses on three types of commodities – necessities, inelastic goods and services, and public goods and services – and discusses why the dynamic pricing of these three types of commodities raises the greatest inequality concerns. The Article concludes by asking whether some type of intervention is warranted and examining the advantages and drawbacks of government action, action by the private sector, or no action at all.

Well worth a read.

September 2, 2018 | Permalink | Comments (0)

Friday, August 24, 2018

Call for Papers: Rocky Mountain Land Use Institute Conference / Scholarly Workshop

The Rocky Mountain Land Use Institute at the University of Denver Sturm College of Law is soliciting panel topics, speaker proposals, and academic papers for its 28thAnnual Western Places/Western Spaces conference, which will take place March 7-8, 2019 on the University of Denver campus.  

The Institute has, for more than 25 years, served as a forum for bringing together leading land use and environmental scholars and practitioners to think about solutions and approaches to address vexing land use, development, natural resource and local environmental problems.   This year our theme is Designing for the Future: Building Enduring Value, and we will be looking at the ways in which the quality of design informs and shapes our communities.    The deadline for submitting panel proposals is September 7, 2018.

In addition, on March 8th, the annual spring conference will include a Land Use and Environmental Scholarly Workshop, to bring together a diverse group of up to 10 scholars who are working on legal and policy issues at the intersection of land use, environmental law, and sustainability in a format designed to feature the work of emerging scholars and to foster rich discussion, academic growth, and collaboration.  Some limited funding is available to help defray travel costs, and Workshop participants may attend the entire conference at no expense.

To learn more about the conference and to submit a panel or speaker proposal, visit the RMLUI conference website.     To learn more about the Land Use and Environmental Scholarly Workshop, please contact Susan Daggett at sdaggett@law.du.edu.

August 24, 2018 | Permalink | Comments (0)