Friday, May 2, 2014
So many interesting sessions here making it hard to choose which panel to attend, but I had to give some more co-blogger love and check out Ken Stahl's paper and the panel on local government law.
Nestor Davidson (Fordham Law School) started the panel off with a talk on administrative law at the local level. fascinating stuff and unquestionably important for us land-usey types. Many land use decisions are made or carried out by local agencies and I had never given much thought to how really different admin law is at the local stage. I was particularly taken aback by the lack of separation of powers and the increased blurring of public and private lines.
Ken Stahl presented a paper/essay/book review building off "The Great American City" by Sampson. Here is the official abstract:
Urban policymakers have long debated whether to focus on people or on places. Give poor people the means to leave deteriorated neighborhoods, or attempt to bolster such neighborhoods by reinforcing the social norms of the community? Direct the police to crack down on low-level crime, or foster informal connections between the police and local institutions? Definitive answers to these questions have been elusive, but Robert Sampson’s new book GREAT AMERICAN CITY provides some needed insight. Sampson demonstrates that people are ineluctable products of their local environments, and he concludes that “place-based” policies that focus on building community are more likely to be successful than policies premised on the assumption of individual mobility and choice. This essay revisits the “people v. places” debate in light of GREAT AMERICAN CITY. Though the book is sure to have a tremendous impact on that debate, Sampson devotes relatively little attention to the policy implications of his work, and thus I attempt to articulate and probe what I see as the book’s major policy implications. Principally, I interpret Sampson’s work as an implicit challenge to the predominant public choice model of local government, which conceptualizes urban residents as mobile individuals who make locational choices regardless of social context. Seen in this light, GREAT AMERICAN CITY raises important questions about the wisdom of policymakers’ longstanding reliance on the public choice model, but also leaves much to speculation. I further argue that in light of Sampson’s findings, efforts to aid disadvantaged communities might be most effective if they undertook to induce people to stay in such communities.
I have not yet read this book and really enjoyed hearing Ken's description and the concerns it raised for him with regard to neighborhood structure and power.
Ashira Ostrow (Hofstra) rounded out the panel with a talk on the strange weighted voting system used in Hudson, NY. Not clear to me (or Ashira) whether the system is constitutional (based on the one person - one vote requirement) but if so it could present an interesting structure for local governments where representative's vote are based on their number of constituents.
Well it is that time of the year again and most of the Land Use Profs' crew is attending the Annual Meeting of the Association of Law, Property, and Society. This year, the conference is in Vancouver, B.C. and I have to say this is the prettiest location for ALPS so far.
I spoke on a riveting panel on conservation easements this morning (shocker I know) and now get to sit back and listen to co-blogger Jim Kelly's talk: “‘That Side was made for you and me’: Unauthorized Use of Vacant Property in Inner City Neighbourhoods.” In this packed room, I enjoy the fact that Jim started with a song. His presentation discussed what might be categorized as a type of self-help improvement. Here is the official abstract:
This essay explores the social function of unauthorized uses of vacant properties, both houses and lots, in inner-city neighborhoods. Underutilized properties, particularly those abandoned by their owners, present obvious opportunities for non-owners to engage in uses that may not benefit them personally and/or may (or may not) confer social benefits. From squatters and scrappers to guerilla gardeners and anti-foreclosure activists, acquisitive and expressive “property outlaws” challenge the formality and durability of land ownership claims. By looking at contemporary phenomena such as Philadelphia Green, Take Back the Land, and Indiana’s Good Samaritan Law, the essay will sort out the constructive possibilities for supporting, ignoring and actively opposing unauthorized use of vacant inner-city properties.
The panel, which focused on violence and authorized/unauthorized uses of property. I particularly enjoyed Robin Hickey's paper about whether you can take back property that others have taken from you (in fancy terms: the right to recapture). I think my property law students would be most intrigued by Abraham Bell's talk about possession (they always want to talk about the phrase "possession is nine-tenths of the law").
Thursday, May 1, 2014
Here they are, all of the land use (law and otherwise) articles posted to SSRN in April!
As in previous months, the list is generated using the search term "land use" in the SSRN database, limited to last month of posts. In the future, I plan to add additional compilations of articles posted to SSRN arising from other search terms. Keep an eye out as hopefully some of those lists will begin throughout May.
|1|| Making 'Smart Growth' Smarter
George Washington Law Review, Forthcoming, University of Washington School of Law Research Paper 2014-12
Steve Calandrillo , Chryssa V. Deliganis and Andrea Woods
University of Washington - School of Law , Principal, Calandrillo & Deliganis, A.B. and University of Washington - School of Law
21 Apr 2014
29 Apr 2014Accepted Paper Series
|2|| Climate Change Adaptation and Mitigation: A Local Solution to a Global Problem
Municipal Lawyer, Winter 2014, Vol. 28, No. 1, Touro Law Center Legal Studies Research Paper
Touro College - Jacob D. Fuchsberg Law Center
11 Apr 2014Accepted Paper Series
|3|| Partition and Revelation
81 University of Chicago Law Review 27 (2014), University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 681
Yun-chien Chang and Lee Anne Fennell
Academia Sinica - Institutum Iurisprudentiae (IIAS) and University of Chicago Law School
19 Apr 2014
21 Apr 2014Accepted Paper Series
|4|| Reducing Emissions from Deforestation and Forest Degradation (REDD+), Transnational Conservation and Access to Land in Jambi, Indonesia
EFForTS Discussion Paper Series No. 2
Deutsches Institut für Entwicklungspolitik (DIE) - German Development Institute (DIE)
07 Apr 2014working papers series
|5|| Compulsory Acquisition Without Compensation and the Land Use Act
Akintunde Kabir Otubu
University of Lagos - Faculty of Law
05 Apr 2014working papers series
|6|| Does a Renewable Fuel Standard for Biofuels Reduce Climate Costs?
FEEM Working Paper No. 32.2014
Mads Greaker , Michael Hoel and Knut Einar Rosendahl
Statistics Norway , University of Oslo and Norwegian University of Life Sciences
24 Apr 2014working papers series
|7|| A Response to Doole and Marsh ([Doole, G., 2013]) Article: Methodological Limitations in the Evaluation of Policies to Reduce Nitrate Leaching from New Zealand Agriculture
Australian Journal of Agricultural and Resource Economics, Vol. 58, Issue 2, pp. 281-290, 2014
Adam Daigneault , Suzie Greenhalgh and Oshadhi Samarasinghe
Landcare Research , Landcare Research and Landcare Research
03 Apr 2014Accepted Paper Series
|8|| The Land Question: Addressing Urban Planning and Land Use
Smith Otieno and Arielle Williams
University of Nairobi and Widener University
14 Apr 2014working papers series
|9|| Urban Land‐Use Regulation: Are Homevoters Overtaking the Growth Machine?
Journal of Empirical Legal Studies, Vol. 11, Issue 2, pp. 227-265, 2014
Vicki Been , Josiah Madar and Simon Thomas McDonnell
New York University School of Law , Furman Center for Real Estate and Urban Policy and NYU Furman Center for Real Estate and Urban Policy
12 Apr 2014Accepted Paper Series