Tuesday, August 11, 2015
I’m excited to be back to regular posting on the Land Use Law Profs’ Blog, after a couple of different stints in administration at the University of Louisville Brandeis School of Law (two associate dean roles) and a couple of years of ramping up the interdisciplinary research of the Center for Land Use and Environmental Responsibility, which I direct.
In fact, my interests in interdisciplinary and transdisciplinary perspectives on land use will be the focus my postings on this blog. (A few more facts about these interests: I have dual appointments in law and urban and public affairs, affiliations with interdisciplinary research centers at several major universities, such as the Ostrom Workshop in Political Theory and Policy Analysis at Indiana University, Bloomington, and participation in a number of multidisciplinary research collaborations. My Land Use and Planning Law is cross-listed in 4 units: law, planning, urban & public affairs, and social work, and requires that the students work in interdisciplinary teams on service learning projects and simulations. While I’ve been on a number of dissertation committees, I began serving as the primary advisor to PhD students on their dissertations this past year.)
I’m starting my new postings on this blog with a series of recommended readings from other disciplines, mostly key books that land use law professors might find valuable. I suspect that many of you will know these works already, but I’m hoping that everyone will find something intriguing in this series of posts.
The series begins today with books about planning. We all cover planning to some degree; if nothing else, the law requires that a locality’s zoning and land use decisions be consistent with a comprehensive plan. But what is planning?
The best introductory reading for a non-expert is Eric Damian Kelly, Community Planning: An Introduction to the Comprehensive Plan, 2nd Edition (Island Press 2010). It strikes the right balance between comprehensiveness and readability. It should be on every land professor’s shelf. Two other good overview books are John Randolph, Environmental Land Use Planning and Management, 2nd Edition (Island Press 2011), which focuses on environmental planning, and John M. Levy, Contemporary Urban Planning, 10th Edition (Routledge 2012), which provides a good overview of planning history, structure, practice, tools, subfields, and cutting-edge issues.
Two classic works that have strongly shaped current thinking about planning are: Jane Jacobs, The Death and Life of Great American Cities (Vintage Books 1961) and Lewis Mumford, The City in History: Its Origins, Its Transformations, and Its Prospects (Harvest/Harcourt Brace Javanovich 1961). Apparently 1961 was a significant year for thinking deeply and critically about the nature of planning.
Three anthologies collect a variety of classic writings on planning theory and practice: 1) Jay M. Stein, Classic Readings in Urban Planning, 2nd Edition (American Planning Association 2004); 2) Jennifer Evans-Cowley, Essential Readings in Urban Planning (Planetizen 2014); and 3) Scott Campbell and Susan S. Fainstein, Readings in Planning Theory, 2nd Edition (Blackwell Publishing 2003).
While many of these books contain basic critiques of conventional planning’s rational, comprehensive, up-front development of a static plan through a linear planning process (with the classic critique being Charles Lindblom, "The Science of Muddling Through," 19 Public Administration Review 79-88 (1959)), they don’t give much attention to an alternative type of planning: adaptive planning. Adaptive planning is a planning process that is flexible, continuous, and iterative. An adaptive plan’s goals, strategies, and/or implementation actions are subject to frequent changes, as lessons are learned from plan implementation and those lessons are applied to the planning process (known as “feedback loops”). It is particularly appropriate under conditions of uncertainty, instability, or abrupt disturbances, such as climate change. An article discussing the key characteristics of adaptive planning is: Arnold, "Adaptive Watershed Planning and Climate Change," 5 Environmental and Energy Law and Policy Journal 417 (2010), available at SSRN: http://ssrn.com/abstract=1712027.
Coming next: Place-based perspectives on land use.
Monday, August 10, 2015
This Call for Papers may be of interest to some of our readers:
Conference on Contested Property Claims Aarhus University, Denmark, 10-11 December 2015
In contemporary societies people generally acquire property within a property regime based on trade, contracts, inheritances, and welfare state redistributions. But these regimes do not always run smoothly. Behind them lie histories of appropriation and expropriation, and from within they are constantly challenged by those who point to the social injustices that they can produce. We call these attempts to interrupt the dominant system of contracts and exchanges ‘contested property claims’. They are points of friction where economic, political, and ethical issues around property are brought to light, and they illustrate how disagreements over property force social actors to reason about the institution of property as such. To address these issues the research project Contested Property Claims – Moral Reasoning about Property and Justice in Practice, Debate, and Theory invites scholars from all fields to submit paper proposals on the ways property is performed and contested. To propose a paper, please send an abstract of (max.) 300 words to email@example.com.
Thursday, August 6, 2015
I was browsing this week's copy of Law Week Colorado and stumbled across an article from The Pew Charitable Trust's blog Stateline, "As Rent Skyrockets, More Cities Look to Cap It." Rent control is returning to the national conversation as home ownership declines while rents increase in the most desirable parts of the country - including Colorado. However, Colorado, like several other states, has a state law prohibiting local governments from implementing rent control. So is rent control really a viable policy option, or is it a distraction from other policy solutions? What do Land Use Prof Blog readers think?
Jamie Baker Roskie
Tuesday, August 4, 2015
A wilderness bill that has been more than 40 years in the making was approved by the U.S. Senate Tuesday protecting 275,665 acres of the Boulder-White Clouds mountains in Idaho just east of the Sun Valley area. The bill now heads to President Obama for signature having already been approved by the House. The Idaho Statesman has the story here.
Monday, August 3, 2015
I was shocked and saddened this morning to hear of the passing of Seton Hall law prof Marc Poirier. I primarily knew Marc through the law and mindfulness movement, but he was a tremendous teacher and scholar in the environmental and law and sexuality realms. He specialized in property theory and natural resource management, and I'm guessing many readers of this blog are familiar with his work. His Seton Hall bio lists some of his many accomplishments in environmental law:
In the environmental area, Professor Poirier was recently co-counsel on an amicus brief to the New Jersey Supreme Court on behalf of conservation interests, supporting a state law that protects hundreds of thousands of acres of pristine watershed land from urban sprawl. He has written about and advised environmental advocacy groups on the public trust doctrine and the scope of permissible regulatory takings. A recent article in the area of coastal land management argued that place-based public art has a unique role to play in the communication of the risk of sea level rise due to global warming. For several years Professor Poirier taught a survey course in environmental law to the U.S. Army Corps of Engineers.
But more than anything I knew him as a funny, decent, smart and very endearing human being. He will be sorely missed.
Jamie Baker Roskie
Saturday, August 1, 2015
Here is the round-up of land use law-related articles posted to SSRN's Property, Land Use & Real Estate Law eJournal in July. I took several new approaches this month in my ever-evolving effort to "get it right."
First, I have separated out U.S. scholars from international scholars. I did this because it seemed to me that it made for easier scanning of articles; however, I am open to whether others find this an unnecessary division. On the other hand, perhaps as more international law schools join SSRN, there is room for more division, perhaps by world regions?
Second, there are an increasing number of articles being posted to SSRN that were written several years--sometimes several decades--in the past. It doesn't seem to me that those articles are in the spirit of this post, which is to detail what is new in scholarship, so I have edited out those articles from long ago that are just now making their way to SSRN.
Third, I edited out those articles from the eJournal that did not seem to be land use-law related.
Finally, if I have missed your article and you want to share it with the readership here, do not be shy about letting me know, and I will be happy to post an abstract.
Land use law articles posted to SSRN in July by U.S. scholars
Reserved Water Rights as a Rule of Law
Idaho Law Review, 2015
Michael C. Blumm
Lewis & Clark Law School
Reconceiving Military Base Redevelopment: Land Use on Mothballed U.S. Bases
Urban Affairs Review, pp. 1-30, 2015,
Amanda Johnson Ashley and Michael Touchton
Boise State University and Boise State University
The Impact of the Home Valuation Code of Conduct on Appraisal and Mortgage Outcomes
FRB of Philadelphia Working Paper No. 15-28
Lei Ding and Leonard I. Nakamura
Federal Reserve Bank of Philadelphia and Federal Reserve Bank of Philadelphia
Written Testimony for 'The Future of Hydraulic Fracturing on Federally Managed Lands'
To be published in the Congressional Record; testimony before the Subcommittee on Energy and Mineral Resources -- subcommittee of the U.S. House of Representatives Committee on Natural Resources, 2015 Forthcoming
Hannah Jacobs Wiseman
Florida State University - College of Law
What Can Corporations Teach Governments About Democratic Equality?
31 Social Philosophy & Policy 230 (2015), Chapman University, Fowler Law Research Paper No. 15-08
Tom W. Bell
Chapman University, The Dale E. Fowler School of Law
Place, Meaning, and the Visual Argument of the Roadside Cross
Savannah Law Review, Forthcoming
Florida Coastal School of Law
Setting the Stage for Ferguson: Housing Discrimination and Segregation in St. Louis
Missouri Law Review, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2015-13
Rigel Christine Oliveri
University of Missouri School of Law
Dealing with Ocean Acidification: The Problem, the Clean Water Act, and State and Regional Approaches
Washington Law Review, 2016 Forthcoming
Robin Kundis Craig
University of Utah S.J. Quinney College of Law
Art and the History of Environmental Law
Critical Analysis of Law (2015, Forthcoming)
Tel Aviv University - Buchmann Faculty of Law
Of Property and Information
Columbia Law Review, Forthcoming, U of Penn, Inst for Law & Econ Research Paper No. 15-29
Abraham Bell and Gideon Parchomovsky
Bar Ilan University - Faculty of Law and University of Pennsylvania Law School
Using Historic Preservation Laws to Halt the Destruction of 'Porch Culture' in the Lower Ninth Ward of New Orleans
University of Missouri at Kansas City - School of Law
Legal Adaptive Capacity: How Program Goals and Processes Shape Federal Land Adaptation to Climate Change
University of Colorado Law Review, Vol. 87, 2016, Forthcoming, UC Irvine School of Law Research Paper No. 2015-68, GWU Law School Public Law Research Paper No. 2015-25, GWU Legal Studies Research Paper No. 2015-25
Alejandro E. Camacho and Robert L. Glicksman
University of California Irvine School of Law and George Washington University - Law School
Montanans Must Seek Independence from CSKT Water Compact in Spirit of 1776
Canada Free Press, July 2, 2015, Clark Fork Valley Press/Mineral Independent, July 10, 2015
Lawrence A. Kogan
Institute for Trade, Standards and Sustainable Development (ITSSD)
Precipice Regulations and Perverse Incentives: Comparing Historic Preservation Designation and Endangered Species Listing
Georgetown International Environmental Law Review (GIELR), Vol. 27, pp. 343-392, 2015
J. Peter Byrne
Georgetown University - Law Center
Tax Structuring of Foreign Investment in U.S. Real Estate with a N.Y. Twist
53 Tax Management Memorandum 43 (2012)
Alan I. Appel and Jack Mandel
New York Law School and Bryan Cave LLP
Structuring Investments by Foreign Persons in U.S. Real Estate
Journal of Taxation and Regulation of Financial Institutions, Vol. 25, No. 55, 2012
Alan I. Appel
New York Law School
Carbon Credits As EU Like It: Property, Immunity, TragiCO2medy?
Journal of Environmental Law, pp.1-29, 2015 ( doi: 10.1093/jel/eqv020, 2015.), Singapore Management University School of Law Research Paper No. 52/2015, University of Hong Kong Faculty of Law Research Paper No. 2015/022
Kelvin Low and Jolene Lin
Singapore Management University - School of Law and University of Hong Kong - Faculty of Law
The Political Economy of Local Vetoes
Texas Law Review, Vol. 93, 2014, KBH Energy Center Research Paper No. 2015-08
David B. Spence
University of Texas at Austin - Department of Business, Government and Society
Cultural Heritage Conservation Easements: The Problem of Using Property Law Tools for Heritage Protection
Land Use Policy (2015 Forthcoming)
State University of New York (SUNY) at Buffalo - Law School
Liberty at the Borders of Private Law
Akron Law Review, Forthcoming
Donald J. Smythe
California Western School of Law
Banks, Break-Ins, and Bad Actors in Mortgage Foreclosure
University of Cincinnati Law Review, Vol. 83, No. 4, 2015
Christopher K. Odinet
Southern University Law Center
Hola Preemption and the Original Intent of Congress: Are Federal Thrifts Necessary to Stabilize the Housing Market?
18 Fordham J. Corp. & Fin. L. 565
Stetson University College of Law
The Use of Tenant Screening Reports and Tenant Blacklisting
LEGALEase Pamphlet, New York State Bar Association (2015)
Gerald Lebovits and Jen M. Addonizio
Columbia University - Law School and Independent
113 Michigan Law Review 663 (2015), Northwestern Law & Econ Research Paper No. 15-11
Peter C. DiCola
Northwestern University School of Law
NEPA, FLPMA, and Impact Reduction: An Empirical Assessment of BLM Resource Management Planning in the Mountain West
University of Utah College of Law Research Paper No. 126
John Ruple and Mark Capone
University of Utah, S.J. Quinney College of Law and University of Utah - S.J. Quinney College of Law
Eminent Domain and the International Market: An Examination of Whether Midstream Companies Can Justifiably Show Public Use
Mark G. Wendaur IV
Widener University - School of Law
Land use law articles posted to SSRN in July by international scholars
Journal of South African Law, No. 2, pp. 326-341, 2011
Deakin University - Deakin Law School
The Delimitation between Airspace and Outer Space and the Emergence of Aerospace Objects
Journal of Air Law and Commerce, Vol. 78, 2013
Xi'an Jiaotong University School of Law
Legal and Administrative Remedies in Environmental Law in Nigeria: Reform Proposition
Afe Babalola University Ado-Ekiti Law Journal, 1(1), 320-352, 2013
Temitope Tunbi Onifade
About Legal Notions: Cession, Novation, Subrogation and Assignation
Dimitar P. Gelev
Ss. Cyril and Methodius University
The SCOPIC Clause as a Major Development in Salvage Law
University of Groningen, Students
Romanian Experience with FIDIC Forms in Road and Bridge Construction
The International Construction Law Review, Pt. 4, 2013
Lukas Klee and Claudia Adalgiza Teodorescu
Balázs & Holló Law Firm and Independent
Schutz wertvoller Stadtlandschaften durch das Zivilrecht? Bemerkungen zum Schutz individueller und kollektiver Rechtsgüter (Protecting Valuable Landscapes Through Private Law? Remarks on the Legal Status of Private and Collective Goods)
48 Kobe University Law Review 45 (2014)
Goethe University Frankfurt - Faculty of Law
Common Law Property Theory and Jurisprudence in Canada
Queen's Law Journal, Vol. 40, No. 2, p. 679, 2015, Osgoode Legal Studies Research Paper No. 28/2015
Sarah E. Hamill
York University - Osgoode Hall Law School
What Does Wukan Offer? Land-Taking, Law, and Dispute Resolution
Fu Hualing and John Gillespie (eds.) Resolving Land Disputes in East Asia: Exploring the Limit of Law (Cambridge University Press, 2014). , University of Hong Kong Faculty of Law Research Paper No. 2015/020
The University of Hong Kong - Faculty of Law