Wednesday, December 23, 2015
2015 Best of Land Use Scholarship, Part II: Most Cited Land Use Articles in the Last Three Years (The Short Game)
In the first look at the "best of" land use scholarship, I provided a list of all of the land use-related articles appearing in the Top 50 law reviews, as ranked by the quasi-authoritative Washington & Lee ranking methodology. Over the next few days, I will turn to the question of land use scholarship impact over time. To do this, I first ran the following search: "land use" in the broad "Law Reviews & Journals" tab on WestlawNext. Then, I sorted the articles using the "most cited" button. Finally, I applied three different time filters. The first time filter I applied sought to see which articles published in the last three years--since January 1, 2013--have received the most citations. This is what I'm calling the "short game": those articles that have had immediate impact, but which have yet to prove they stand the test of time. Later this week, I will post the result of the second application of the time filter, in which I sought to see which articles had been most cited over the last ten years (the "middle game"). Finally, as we roll into the last week of the year, I will post the results of the "long game": those land use articles that have been most cited over the last thirty years.
If you have access to Westlaw, you should be able to click on the highlighted link below and go straight to the article.
Without further ado, here are the 30 most cited land use related articles published within the last three years (since January 1, 2013):
3. WHAT COLOR IS THE NUMBER SEVEN?--CATEGORY MISTAKE ANALYSIS AND THE “LEGISLATIVE/NON-LEGISLATIVE” DISTINCTION
8. SHIFTING PARADIGMS TRANSFORM ENVIRONMENTAL AND LAND USE LAW: THE EMERGENCE OF THE LAW OF SUSTAINABLE DEVELOPMENT
16. THE TAKINGS CLAUSE AND PARTIAL INTERESTS IN LAND: ON SHARP BOUNDARIES AND CONTINUOUS DISTRIBUTIONS
21. THE REBIRTH OF FEDERAL TAKINGS REVIEW? THE COURTS' “PRUDENTIAL” ANSWER TO WILLIAMSON COUNTY 'S FLAWED STATE LITIGATION RIPENESS REQUIREMENT
25. IT'S A “CRIMING SHAME”: MOVING FROM LAND USE ETHICS TO CRIMINALIZATION OF BEHAVIOR LEADING TO PERMITS AND OTHER ZONING RELATED ACTS
26. UNPERMITTED URBAN AGRICULTURE: TRANSGRESSIVE ACTIONS, CHANGING NORMS, AND THE LOCAL FOOD MOVEMENT
30. ONE GREEN AMERICA: CONTINUITIES AND DISCONTINUITIES IN ENVIRONMENTAL FEDERALISM IN THE UNITED STATES