Thursday, December 31, 2015

2015 Best of Land Use Scholarship, Part V: Most SSRN Downloads

This is my fifth and last post in my series looking back at the best of land use scholarship in 2015 and at different time intervals from the past.  This last "best of" list is a survey of all the articles posted to the SSRN Property, Land Use & Real Estate Law eJournal that (i) had some activity in 2015 and (ii) were not first posted or published prior to January 1, 2014.  (The goal of this cut-off was to take out all of those older publications that people are just now getting around to posting on SSRN so as to highlight just newer scholarship.)

Here are all of the articles fitting the above criteria posted to the SSRN Property, Land Use & Real Estate Law eJournal with more than 200 downloads as of December 23, 2015, which is when this survey was conducted: 

First Principles for Regulating the Sharing Economy
Harvard Journal on Legislation, Forthcoming
Stephen R. Miller 
University of Idaho College of Law - Boise 
Date Posted: February 22, 2015
Last Revised: April 07, 2015
Accepted Paper Series

How to Do Things with Hohfeld
Law and Contemporary Problems, Vol. 78, No. 185, 2015
Pierre Schlag 
University of Colorado Law School 
Date Posted: July 13, 2014
Last Revised: March 10, 2015
Accepted Paper Series

The Mainstreaming of Libertarian Constitutionalism
Law and Contemporary Problems, Vol. 77, No. 4, pp. 43-70, 2014 (Symposium on “Law and Neoliberalism”), George Mason Law & Economics Research Paper No. 15-04, 
David Bernstein and Ilya Somin 
George Mason University School of Law and George Mason University School of Law 
Date Posted: February 20, 2015
Last Revised: February 23, 2015
Accepted Paper Series

A Response to the IPCC Fifth Assessment
Environmental Law Reporter, Vol. 45, No. 1, 2015, Albany Law School Research Paper No. 9 for 2015-2016, Touro Law Center Legal Studies Research Paper Series No. 15-42
Sarah Adams-Schoen Deepa Badrinarayana Cinnamon Piñon Carlarne Robin Kundis Craig John C. Dernbach Keith H. Hirokawa Alexandra B. Klass Katrina Fischer Kuh Stephen R. MillerJessica Owley Shannon Roesler Jonathan D. Rosenbloom Inara K. Scott and David Takacs 
Touro College - Jacob D. Fuchsberg Law Center , Chapman University, The Dale E. Fowler School of Law , Ohio State University (OSU) - Michael E. Moritz College of Law , University of Utah S.J. Quinney College of Law , Widener University - Commonwealth Law School , Albany Law School , University of Minnesota Law School , Hofstra University - School of Law , University of Idaho College of Law - Boise , State University of New York (SUNY) at Buffalo - Law School , Oklahoma City University - School of Law , Drake University Law School , Oregon State University, College of Business and University of California Hastings College of the Law 
Date Posted: December 06, 2014
Last Revised: December 02, 2015
Accepted Paper Series

 Airspace in an Age of Drones
95 B.U. L. Rev. 155 (2015)
Troy A. Rule 
Arizona State University (ASU) - Sandra Day O'Connor College of Law 
Date Posted: August 20, 2014
Last Revised: February 07, 2015
Accepted Paper Series

 Investors Effect on Household Real Estate Affordability
Kreisman Working Papers Series in Housing Law and Policy No. 22
Sebastien Gay 
The University of Chicago 
Date Posted: May 05, 2015
Last Revised: May 07, 2015
Working Paper Series

Notice Failure and Notice Externalities
Boston Univ. School of Law, Law and Economics Research Paper No. 11-58, Boston Univ. School of Law, Public Law Research Paper No. 11-58, Stanford Law and Economics Olin Working Paper No. 418, UC Berkeley Public Law Research Paper No. 1973171, The Journal of Legal Analysis, 2013 
Peter S. Menell and Michael J. Meurer 
University of California, Berkeley - School of Law and Boston University - School of Law 
Date Posted: December 16, 2011
Last Revised: January 02, 2015
Working Paper Series

The Transfer of Public Lands Movement: Taking the 'Public' Out of Public Lands
Stegner Center White Paper No. 2015-01, S.J. Quinney College of Law Research Paper No.99
Robert B. Keiter and John Ruple 
University of Utah - S.J. Quinney College of Law and 
Date Posted: January 28, 2015
Last Revised: February 27, 2015
Accepted Paper Series

An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law
1 Journal of Law, Property, and Society 107 (2015), U Denver Legal Studies Research Paper No. 15-45, University of Utah College of Law Research Paper No. 130
Federico Cheever and Nancy A. McLaughlin 
University of Denver Sturm College of Law and University of Utah S.J. Quinney College of Law 
Date Posted: August 25, 2015
Last Revised: September 22, 2015
Accepted Paper Series

Guarding the Subjective Premium: Condemnation Risk Discounts in the Housing Market
Tulane Law Review Vol. 89, Forthcoming, Kreisman Working Papers Series in Housing Law and Policy No. 18
Sebastien Gay and Nadia Nasser-Ghodsi 
The University of Chicago and University of Chicago - Law School 
Date Posted: July 22, 2014
Last Revised: November 29, 2015
Accepted Paper Series

Transporting Oil and Gas: U.S. Infrastructure Challenges
Iowa Law Review, Vol. 100, No. 3, 2015, Minnesota Legal Studies Research Paper No. 14-17
Alexandra B. Klass and Danielle Meinhardt 
University of Minnesota Law School and University of Minnesota Law School - Joint Degree Program in Law, Science & Technology 
Date Posted: March 20, 2014
Last Revised: March 07, 2015
Accepted Paper Series

2014 Developments in Connecticut Estate and Probate Law
89 Connecticut Bar Journal (2015)
Jeffrey A. Cooper and John R. Ivimey 
Quinnipiac University School of Law and Reid and Riege, P.C. 
Date Posted: September 21, 2015
Accepted Paper Series

Property Rights on the New Frontier: Climate Change, Natural Resource Development, and Renewable Energy
Ecology Law Quarterly, Vol. 38, p. 63, 2011, Minnesota Legal Studies Research Paper No. 10-61
Alexandra B. Klass 
University of Minnesota Law School 
Date Posted: October 11, 2010
Last Revised: March 22, 2015
Accepted Paper Series

Property Rights, Coercion, and the Welfare State: The Libertarian Case for a Basic Income for All
The Independent Review, vol. 19, no. 4 (Spring 2015), pp. 515-529.
Matt Zwolinski 
University of San Diego 
Date Posted: March 24, 2015
Accepted Paper Series

The City as a Commons
Yale Law & Policy Review, Vol. 34, No. 2, 2016
Sheila Foster and Christian Iaione 
Fordham University School of Law and LUISS Guido Carli University 
Date Posted: August 30, 2015
Last Revised: October 24, 2015
Accepted Paper Series

A Guide to New York State Commercial Landlord-Tenant Law and Procedure — Part I
87 N.Y. St. B.J. 22, February 2015
Gerald Lebovits and Michael B. Terk 
Columbia University - Law School and David Rozenholc & Associates 
Date Posted: February 28, 2015
Last Revised: March 17, 2015
Accepted Paper Series

It's a 'Criming Shame': Moving from Land Use Ethics to Criminalization of Behavior Leading to Permits and Other Zoning Related Acts
46 Urb. Law. 249 (2014), Touro Law Center Legal Studies Research Paper Series No. 15-09
Patricia Salkin and Bailey Ince 
Touro College - Jacob D. Fuchsberg Law Center and Touro College - Jacob D. Fuchsberg Law Center 
Date Posted: September 05, 2014
Last Revised: February 13, 2015
Accepted Paper Series

The Justice of Private Law
Hanoch Dagan and Avihay Dorfman 
Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law 
Date Posted: November 20, 2014
Last Revised: July 25, 2015
Working Paper Series

Contemporary Land Grabbing: Research Sources and Bibliography
107 Law Library Journal 259-285 (Spring 2015), Northeastern University School of Law Research Paper No. 216-2015
Jootaek Lee 
Northeastern University - School of Law 
Date Posted: February 13, 2015
Last Revised: October 15, 2015
Accepted Paper Series

Renewable Energy and the Public Trust Doctrine
45 U.C. Davis L. Rev. 1021 (2012), Minnesota Legal Studies Research Paper No. 11-12
Alexandra B. Klass 
University of Minnesota Law School 
Date Posted: March 19, 2011
Last Revised: March 22, 2015
Accepted Paper Series

Water Rights, Water Quality, and Regulatory Jurisdiction in Indian Country
Stanford Environmental Law Journal, Vol. 34, No. 2, pp. 195-245 (2015), University of Washington School of Law Research Paper No. 2015-21
Robert T. Anderson 
University of Washington School of Law 
Date Posted: June 27, 2015
Last Revised: October 15, 2015
Accepted Paper Series

Doctrinal Categories, Legal Realism, and the Rule of Law
University of Pennsylvania Law Review, Vol. 163, 2015
Hanoch Dagan 
Tel Aviv University - Buchmann Faculty of Law 
Date Posted: November 10, 2014
Last Revised: September 05, 2015
Accepted Paper Series

The Validity of Restraints on Alienation in an Oil and Gas Lease
Buffalo Law Review, Forthcoming
Luke Meier and Rory M. Ryan 
Baylor University - Law School and Baylor University - Law School 
Date Posted: April 22, 2015
Last Revised: May 06, 2015
Accepted Paper Series

Architectural Exclusion: Discrimination and Segregation Through Physical Design of the Built Environment
124 Yale Law Journal 1934 (2015)
Sarah Schindler 
University of Maine - School of Law 
Date Posted: April 18, 2015
Accepted Paper Series

Rethinking the Tax-Revenue Effect of REIT Taxation
Florida Tax Review, Vol. 17, Issue 6, Page 527, 2015, Brooklyn Law School, Legal Studies Paper No. 400
Bradley T. Borden 
Brooklyn Law School 
Date Posted: January 23, 2015
Last Revised: June 03, 2015
Accepted Paper Series


December 31, 2015 | Permalink | Comments (0)

Wednesday, December 30, 2015

2015 Best of Land Use Scholarship, Part IV: Most Cited Land Use Articles in the Last Thirty Years (The Long 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.  In a second post, I turned to the question of land use scholarship impact over time.  [See second post for methodology.]  In that second post, I provided a list of the 30 most-cited land use-related law review articles published within the last 3 years (since January 1, 2013).  In a third post, I provided a list of the 30 most-cited land use-related law review articles published within the last 10 years (since January 1, 2006).  Today, we look at the most-cited land use-related law articles published within the last 30 years, which I'm referring to as the "long game."  

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 30 years (since January 1, 1986):


    Columbia Law Review May, 1995 95 Colum. L. Rev. 782 William Michael Treanor


      Yale Law Journal April, 1993 102 Yale L.J. 1315 Robert C. Ellickson


        Columbia Law Review January, 1990 90 Colum. L. Rev. 1 Richard Briffault

          4. TAKINGS, 1987

          Columbia Law Review December, 1988 88 Colum. L. Rev. 1600 Frank Michelman


            Columbia Law Review March, 1990 90 Colum. L. Rev. 346 Richard Briffault


              Michigan Law Review DECEMBER, 1996 95 Mich. L. Rev. 570 Daniel C. Esty


                Iowa Law Review March, 1986 71 Iowa L. Rev. 631 Richard J. Lazarus


                  Harvard Law Review June, 1994 107 Harv. L. Rev. 1841 Richard Thompson Ford 


                    Columbia Law Review April, 1991 91 Colum. L. Rev. 473 Vicki Been


                      Harvard Law Review March, 1989 102 Harv. L. Rev. 933 Ira C. Lupu


                        Harvard Law Review April, 1996 109 Harv. L. Rev. 1252 John F. Hart


                          Cornell Law Review September, 1993 78 Cornell L. Rev. 1001 Vicki Been


                            Yale Law Journal April, 1994 103 Yale L.J. 1383 Vicki Been


                              Stanford Law Review May, 1993 45 Stan. L. Rev. 1369 Richard A. Epstein


                                Stanford Law Review May, 1993 45 Stan. L. Rev. 1433 Joseph L. Sax

                                  16. THE LEGACY OF ALLOTMENT

                                  Arizona State Law Journal Spring, 1995 27 Ariz. St. L.J. 1 Judith V. Royster


                                    Columbia Law Review December, 1988 88 Colum. L. Rev. 1630 Douglas W. Kmiec

                                      18. A NEW GENERATION OF ENVIRONMENTAL REGULATION?

                                      Capital University Law Review 2001 29 Cap. U. L. Rev. 21 Richard B. Stewart


                                        Harvard Law Review May, 2001 114 Harv. L. Rev. 1833 Helen Hershkoff


                                          Harvard Law Review December, 2001 115 Harv. L. Rev. 553 Richard L. Revesz

                                            21. THE GEOGRAPHY OF COMMUNITY

                                            Stanford Law Review May, 1996 48 Stan. L. Rev. 1047 Jerry Frug

                                              22. FARMS, THEIR ENVIRONMENTAL HARMS, AND ENVIRONMENTAL LAW

                                              Ecology Law Quarterly 2000 27 Ecology L.Q. 263 J.B. Ruhl


                                                Duke Law Journal February, 1991 1991 Duke L.J. 1 Carol M. Rose

                                                  24. THE PRACTICE OF FEDERALISM UNDER THE CLEAN AIR ACT

                                                  Maryland Law Review 1995 54 Md. L. Rev. 1183 John P. Dwyer


                                                    Georgetown Law Journal July, 2000 88 Geo. L.J. 1985 Sheryll D. Cashin

                                                      26. SOVEREIGNTY AND PROPERTY

                                                      Northwestern University Law Review Fall, 1991 86 Nw. U. L. Rev. 1 Joseph William Singer


                                                        California Law Review December, 1989 77 Cal. L. Rev. 1299 Andrea L. Peterson

                                                          28. REMEDYING ENVIRONMENTAL RACISM

                                                          Michigan Law Review November, 1991 90 Mich. L. Rev. 394 Rachel D. Godsil

                                                            29. THE LOCAL GOVERNMENT BOUNDARY PROBLEM IN METROPOLITAN AREAS

                                                            Stanford Law Review May, 1996 48 Stan. L. Rev. 1115 Richard Briffault


                                                              Minnesota Law Review December, 2001 86 Minn. L. Rev. 267 David H. Getches

                                                            December 30, 2015 | Permalink | Comments (0)

                                                            Saturday, December 26, 2015

                                                            2015 Best of Land Use Scholarship, Part III: Most Cited Land Use Articles in the Last Ten Years (The Middle 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.  In a second post, I turned to the question of land use scholarship impact over time.  [See second post for methodology.]  In that second post, I provided a list of the 30 most-cited land use-related law review articles published within the last 3 years (since January 1, 2013).  Today, we look at the most-cited land use-related law articles published within the last 10 years, which I'm referring to as the "middle game."  

                                                            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 ten years (since January 1, 2006):


                                                            1. 1. ASYMMETRICAL REGULATION: RISK, PREEMPTION, AND THE FLOOR/CEILING DISTINCTION

                                                              New York University Law Review December, 2007 82 N.Y.U. L. Rev. 1547 William W. Buzbee

                                                                2. THE LIMITS OF BACKLASH: ASSESSING THE POLITICAL RESPONSE TO KELO

                                                                Minnesota Law Review June, 2009 93 Minn. L. Rev. 2100 Ilya Somin

                                                                  3. SUPER WICKED PROBLEMS AND CLIMATE CHANGE: RESTRAINING THE PRESENT TO LIBERATE THE FUTURE

                                                                  Cornell Law Review July, 2009 94 Cornell L. Rev. 1153 Richard J. Lazarus

                                                                    4. CLIMATE CHANGE AND THE ENDANGERED SPECIES ACT: BUILDING BRIDGES TO THE NO-ANALOG FUTURE

                                                                    Boston University Law Review February, 2008 88 B.U. L. Rev. 1 J.B. Ruhl

                                                                      5. FROM COOPERATIVE TO INOPERATIVE FEDERALISM: THE PERVERSE MUTATION OF ENVIRONMENTAL LAW AND POLICY

                                                                      Wake Forest Law Review Fall 2006 41 Wake Forest L. Rev. 719 Robert L. Glicksman

                                                                        6. THE NEW SERVITUDES

                                                                        Georgetown Law Journal March, 2008 96 Geo. L.J. 885 Molly Shaffer Van Houweling

                                                                          7. “STATIONARITY IS DEAD” -- LONG LIVE TRANSFORMATION: FIVE PRINCIPLES FOR CLIMATE CHANGE ADAPTATION LAW

                                                                          Harvard Environmental Law Review 2010 34 Harv. Envtl. L. Rev. 9 Robin Kundis Craig

                                                                            8. LAND VIRTUES

                                                                            Cornell Law Review May, 2009 94 Cornell L. Rev. 821 Eduardo M. Peñalver

                                                                              9. CLIMATE CHANGE, DEAD ZONES, AND MASSIVE PROBLEMS IN THE ADMINISTRATIVE STATE: A GUIDE FOR WHITTLING AWAY

                                                                              California Law Review February, 2010 98 Cal. L. Rev. 59 J.B. Ruhl, James Salzman

                                                                                10. OF BABIES AND BATHWATER: WHY THE CLEAN AIR ACT'S COOPERATIVE FEDERALISM FRAMEWORK IS USEFUL FOR ADDRESSING GLOBAL WARMING

                                                                                Arizona Law Review 2008 50 Ariz. L. Rev. 799 Holly Doremus , W. Michael Hanemann

                                                                                  11. TAKINGS LAW TODAY: A PRIMER FOR THE PERPLEXED

                                                                                  Ecology Law Quarterly 2007 34 Ecology L.Q. 307 Robert Meltz

                                                                                    12. THE USELESSNESS OF PUBLIC USE

                                                                                    Columbia Law Review October 2006 106 Colum. L. Rev. 1412 Abraham Bell , Gideon Parchomovsky

                                                                                      13. REGULATING LAND USE IN A CONSTITUTIONAL SHADOW: THE INSTITUTIONAL CONTEXTS OF EXACTIONS

                                                                                      Hastings Law Journal March, 2007 58 Hastings L.J. 729 Mark Fenster

                                                                                        14. THE CHANGING CULTURE OF AMERICAN LAND USE REGULATION: PAYING FOR GROWTH WITH IMPACT FEES

                                                                                        SMU Law Review Winter 2006 59 SMU L. Rev. 177 Ronald H. Rosenberg

                                                                                          15. CLIMATE CHANGE ADAPTATION AND THE STRUCTURAL TRANSFORMATION OF ENVIRONMENTAL LAW

                                                                                          Environmental Law Spring 2010 40 Envtl. L. 363 J.B. Ruhl

                                                                                            16. COOPERATIVE LOCALISM: FEDERAL-LOCAL COLLABORATION IN AN ERA OF STATE SOVEREIGNTY

                                                                                            Virginia Law Review June, 2007 93 Va. L. Rev. 959 Nestor M. Davidson

                                                                                              17. FEDERALISM AND THE TUG OF WAR WITHIN: SEEKING CHECKS AND BALANCE IN THE INTERJURISDICTIONAL GRAY AREA

                                                                                              Maryland Law Review 2007 66 Md. L. Rev. 503 Erin Ryan

                                                                                                18. RESHAPING MUNICIPAL AND COUNTY LAWS TO FOSTER GREEN BUILDING, ENERGY EFFICIENCY, AND RENEWABLE ENERGY

                                                                                                New York University Environmental Law Journal 2008 16 N.Y.U. Envtl. L.J. 1 Edna Sussman

                                                                                                  19. LAND ASSEMBLY DISTRICTS

                                                                                                  Harvard Law Review April, 2008 121 Harv. L. Rev. 1465 Michael Heller , Rick Hills

                                                                                                    20. THE QUIET REVOLUTION REVIVED: SUSTAINABLE DESIGN, LAND USE REGULATION, AND THE STATES

                                                                                                    Minnesota Law Review November, 2008 93 Minn. L. Rev. 231 Sara C. Bronin

                                                                                                      21. THE PUBLIC USE CLAUSE: CONSTITUTIONAL MANDATE OR “HORTATORY FLUFF”?

                                                                                                      Pepperdine Law Review January 2006 33 Pepp. L. Rev. 335 Gideon Kanner

                                                                                                        22. RELIGIOUS LIBERTY AFTER GONZALES: A LOOK AT STATE RFRAS

                                                                                                        South Dakota Law Review 2010 55 S.D. L. Rev. 466 Christopher C. Lund

                                                                                                          23. BIG DIFFERENCES FOR SMALL GOVERNMENTS: LOCAL GOVERNMENTS AND THE TAKINGS CLAUSE

                                                                                                          New York University Law Review November, 2006 81 N.Y.U. L. Rev. 1624 Christopher Serkin

                                                                                                            24. NEGOTIATING FEDERALISM

                                                                                                            Boston College Law Review January, 2011 52 B.C. L. Rev. 1 Erin Ryan

                                                                                                              25. THE NEW INNER CITY: CLASS TRANSFORMATION, CONCENTRATED AFFLUENCE AND THE OBLIGATIONS OF THE POLICE POWER

                                                                                                              University of Pennsylvania Journal of Constitutional Law January, 2006 8 U. Pa. J. Const. L. 1 Audrey G. McFarlane

                                                                                                                26. EMINENT DOMAIN AND THE SANCTITY OF HOME

                                                                                                                Notre Dame Law Review March, 2006 81 Notre Dame L. Rev. 783 John Fee

                                                                                                                  27. THE LAW AND POLICY BEGINNINGS OF ECOSYSTEM SERVICES

                                                                                                                  Journal of Land Use & Environmental Law Spring, 2007 22 J. Land Use & Envtl. L. 157 J.B. Ruhl , James Salzman

                                                                                                                    28. THE TRAGEDY OF THE COMMONS AND THE MYTH OF A PRIVATE PROPERTY SOLUTION

                                                                                                                    University of Colorado Law Review Spring 2007 78 U. Colo. L. Rev. 533 Amy Sinden

                                                                                                                      29. THE SCALE OF NETWORKS?: LOCAL CLIMATE CHANGE COALITIONS

                                                                                                                      Chicago Journal of International Law Winter 2008 8 Chi. J. Int'l L. 409 Hari M. Osofsky , Janet Koven Levit

                                                                                                                        30. THE TROJAN HORSE OF ELECTRIC POWER TRANSMISSION LINE SITING AUTHORITY

                                                                                                                        Environmental Law Fall 2009 39 Envtl. L. 1015 Jim Rossi

                                                                                                                      December 26, 2015 | Permalink | Comments (0)

                                                                                                                      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):

                                                                                                                      1. HOW LOCAL GOVERNMENTS CAN RESOLVE KOONTZ'S PROHIBITIONS ON AD HOC LAND USE RESTRICTIONS

                                                                                                                      Urban Lawyer Fall, 2013 45 Urb. Law. 971 Robert H. Freilich , Neil M. Popowitz

                                                                                                                      2. A LOOK AT KOONTZ v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

                                                                                                                      Urban Lawyer Fall, 2013 45 Urb. Law. 953 Michael T. Kamprath

                                                                                                                      3. WHAT COLOR IS THE NUMBER SEVEN?--CATEGORY MISTAKE ANALYSIS AND THE “LEGISLATIVE/NON-LEGISLATIVE” DISTINCTION

                                                                                                                      BYU Journal of Public Law 2014 29 BYU J. Pub. L. 1 John Martinez

                                                                                                                      4. CITY UNPLANNING

                                                                                                                      Yale Law Journal May, 2013 122 Yale L.J. 1670 David Schleicher

                                                                                                                      5. THE RULE OF REASON IN PROPERTY LAW

                                                                                                                      U.C. Davis Law Review June, 2013 46 U.C. Davis L. Rev. 1369 Joseph William Singer

                                                                                                                      6. CLIMATE CHANGE AND THE CONVERGENCE OF ENVIRONMENTAL AND ENERGY LAW

                                                                                                                      Fordham Environmental Law Review 2012-2013 24 Fordham Envtl. L. Rev. 180 Alexandra B. Klass

                                                                                                                      7. REDEEMING TRANSECT ZONING?

                                                                                                                      Brooklyn Law Review Winter, 2013 78 Brook. L. Rev. 571 Nicole Stelle Garnett

                                                                                                                      8. SHIFTING PARADIGMS TRANSFORM ENVIRONMENTAL AND LAND USE LAW: THE EMERGENCE OF THE LAW OF SUSTAINABLE DEVELOPMENT

                                                                                                                      Fordham Environmental Law Review 2012-2013 24 Fordham Envtl. L. Rev. 242 John R. Nolon

                                                                                                                      9. A PROSPECTIVE LOOK AT PROPERTY RIGHTS AND ENVIRONMENTAL REGULATION

                                                                                                                      George Mason Law Review Spring, 2013 20 Geo. Mason L. Rev. 725 Steven J. Eagle

                                                                                                                      10. PUTTING PARADISE IN THE PARKING LOT: USING ZONING TO PROMOTE URBAN AGRICULTURE

                                                                                                                      Notre Dame Law Review June, 2013 88 Notre Dame L. Rev. 2551 Stephanie A. Maloney

                                                                                                                      11. THE NEW MINIMAL CITIES

                                                                                                                      Yale Law Journal March, 2014 123 Yale L.J. 1118 Michelle Wilde Anderson

                                                                                                                      12. REPLACING SUSTAINABILITY

                                                                                                                      Akron Law Review 2013 46 Akron L. Rev. 841 Robin Kundis Craig , Melinda Harm Benson

                                                                                                                      13. NOTICE FAILURE AND NOTICE EXTERNALITIES

                                                                                                                      Journal of Legal Analysis Spring, 2013 5 J. Legal Analysis 1 Peter S. Menell, Michael J. Meurer

                                                                                                                      14. HARMONIZING DISTRIBUTED ENERGY AND THE ENDANGERED SPECIES ACT

                                                                                                                      San Diego Journal of Climate & Energy Law 2012-2013 4 San Diego J. Climate & Energy L. 121 J.B. Ruhl

                                                                                                                      15. HYDROFRACKING: STATE PREEMPTION, LOCAL POWER, AND COOPERATIVE GOVERNANCE

                                                                                                                      Case Western Reserve Law Review Summer, 2013 63 Case W. Res. L. Rev. 995 John R. Nolon , Steven E. Gavin

                                                                                                                      16. THE TAKINGS CLAUSE AND PARTIAL INTERESTS IN LAND: ON SHARP BOUNDARIES AND CONTINUOUS DISTRIBUTIONS

                                                                                                                      Brooklyn Law Review Winter, 2013 78 Brook. L. Rev. 589 Richard A. Epstein

                                                                                                                      17. COMMUNITY BENEFITS AGREEMENTS: A SYMPTOM, NOT THE ANTIDOTE, OF BILATERAL LAND USE REGULATION

                                                                                                                      Brooklyn Law Review Winter, 2013 78 Brook. L. Rev. 355 Alejandro E. Camacho

                                                                                                                      18. THE BROODING OMNIPRESENCE OF REGULATORY TAKINGS: URBAN ORIGINS AND EFFECTS

                                                                                                                      Fordham Urban Law Journal October, 2013 40 Fordham Urb. L.J. 1835 Michael Allan Wolf

                                                                                                                      19. ENVIRONMENTAL JUSTICE AND ENVIRONMENTAL LAW

                                                                                                                      Fordham Environmental Law Review 2012-2013 24 Fordham Envtl. L. Rev. 149 Alice Kaswan

                                                                                                                      20. LEGAL NEIGHBORHOODS

                                                                                                                      Harvard Environmental Law Review 2013 37 Harv. Envtl. L. Rev. 105 Stephen R. Miller

                                                                                                                      21. THE REBIRTH OF FEDERAL TAKINGS REVIEW? THE COURTS' “PRUDENTIAL” ANSWER TO WILLIAMSON COUNTY 'S FLAWED STATE LITIGATION RIPENESS REQUIREMENT

                                                                                                                      Touro Law Review 2014 30 Touro L. Rev. 319 J. David Breemer

                                                                                                                      22. THE LOGIC OF THE LAW AND THE ESSENCE OF ECONOMICS: REFLECTIONS ON FORTY YEARS IN THE WILDERNESS

                                                                                                                      Wisconsin Law Review 2013 2013 Wis. L. Rev. 265 Neil Komesar

                                                                                                                      23. GREEN HARMS OF GREEN PROJECTS

                                                                                                                      Notre Dame Journal of Law, Ethics & Public Policy 2013 27 Notre Dame J.L. Ethics & Pub. Pol'y 59 John Copeland Nagle

                                                                                                                      24. LAND USE AND CLIMATE CHANGE: LAWYERS NEGOTIATING ABOVE REGULATION

                                                                                                                      Brooklyn Law Review Winter, 2013 78 Brook. L. Rev. 521 John R. Nolon

                                                                                                                      25. IT'S A “CRIMING SHAME”: MOVING FROM LAND USE ETHICS TO CRIMINALIZATION OF BEHAVIOR LEADING TO PERMITS AND OTHER ZONING RELATED ACTS

                                                                                                                      Urban Lawyer Spring, 2014 46 Urb. Law. 249 Patricia Salkin , Bailey Ince

                                                                                                                      26. UNPERMITTED URBAN AGRICULTURE: TRANSGRESSIVE ACTIONS, CHANGING NORMS, AND THE LOCAL FOOD MOVEMENT

                                                                                                                      Wisconsin Law Review 2014 2014 Wis. L. Rev. 369 Sarah Schindler

                                                                                                                      27. TRANSFERABLE DEVELOPMENT RIGHTS PROGRAMS: “POST-ZONING”?

                                                                                                                      Brooklyn Law Review Winter, 2013 78 Brook. L. Rev. 435 Vicki Been, John Infranca

                                                                                                                      28. CLIMATE CHANGE MEETS THE LAW OF THE HORSE

                                                                                                                      Duke Law Journal February, 2013 62 Duke L.J. 975 J.B. Ruhl , James Salzman

                                                                                                                      29. UNCERTAINTY FOR THE ENERGY INDUSTRY: A FRACTURED LOOK AT HOME RULE

                                                                                                                      Energy Law Journal 2013 34 Energy L.J. 261 Jarit C. Polley

                                                                                                                      30. ONE GREEN AMERICA: CONTINUITIES AND DISCONTINUITIES IN ENVIRONMENTAL FEDERALISM IN THE UNITED STATES

                                                                                                                      Fordham Environmental Law Review 2012-2013 24 Fordham Envtl. L. Rev. 103 David A. Dana

                                                                                                                      December 23, 2015 | Permalink | Comments (1)

                                                                                                                      Tuesday, December 22, 2015

                                                                                                                      2015 Best of Land Use Scholarship, Part I: Land Use Articles Placed in Top 50 Law Reviews

                                                                                                                      With the new year closing in, it is time to look back at some of this year's best land use scholarship.  Not content to give "best of" honors solely on the basis of SSRN downloads, I decided to try using several metrics.  The first new metric I am using this year is articles published in Top 50 law reviews (as determined by the Washington & Lee rankings) that are primarily about land use law.  To do this, I assembled a custom page in Westlaw of all of the Top 50 journals and then ran the search "advanced: "land use" & DA(aft 12-22-2014)".  Second, I reviewed the articles to determine whether they were primarily about land use.  If they were, they stayed on the list, which is below.  There are the usual caveats.  Among them:  this list probably doesn't include everything; there are a number of land use-related subject matters that might write an entire article without using the phrase "land use."  But, caveats aside, this search yielded an impressive list of scholarship from the past year.  Congratulations to all!

                                                                                                                      [P.S. The list of articles is provided here in descending order of the law reviews' rankings (e.g., articles higher on the list were placed in journals higher on the W&L law review rankings).]

                                                                                                                      [P.P.S.  I am doing this quickly, so the cites are not fully Bluebooked.]


                                                                                                                      2015 Land Use Articles in Top 50 Law Reviews

                                                                                                                      Thomas W. Merrill, Anticipatory Remedies for Takings, 128 Harv. L. Rev. 1630 (2015)

                                                                                                                      Sarah Schindler, Architectural Exclusion: Discrimination and Segregation Through Physical Design of the Built Environment, 124 Yale L.J. 1934 (2015)

                                                                                                                      Student Note: Noah M. Kazis, Public Actors, Private Law: Local Governments' Use of Covenants to Regulate Land Use, 124 Yale L.J. 1790 (2015)

                                                                                                                      Myron Orfield, Milliken, Meredith, and Metropolitan Segregation, 62 UCLA L. Rev. 364 (2015)

                                                                                                                      Erwin Chemerinsky, Jolene Forman, Allen Hopper, Sam Kamin, Cooperative Federalism and Marijuana Regulation, 62 UCLA L. Rev. 74 (2015)

                                                                                                                      Student Comment, Hannah Weinstein, Fighting for A Place Called Home: Litigation Strategies for Challenging Gentrification, 62 UCLA L. Rev. 794 (2015)

                                                                                                                      Jacqueline Peel & Hari M. Osofsky, Sue to Adapt?, 99 Minn. L. Rev. 2177 (2015)

                                                                                                                      Gideon Parchomovsky, Endre Stavang, The Green Option, 99 Minn. L. Rev. 967 (2015)

                                                                                                                      Bruce R. Huber, The Fair Market Value of Public Resources, 103 Cal. L. Rev. 1515 (2015)

                                                                                                                      Tonja Jacobi, Sonia Mittal, Barry R. Weingast, Creating A Self-Stabilizing Constitution: The Role of the Takings Clause, 109 Nw. U. L. Rev. 601 (2015)

                                                                                                                      Student Note:  Sheila Baynes, Cost Consideration and the Endangered Species Act, 90 N.Y.U. L. Rev. 961 (2015)

                                                                                                                      Student Note:  William F. Fuller, What's HUD Got to Do with It?: How HUD's Disparate Impact Rule May Save the Fair Housing Act's Disparate Impact Standard, 83 Fordham L. Rev. 2047 (2015)

                                                                                                                      Roderick M. Hills, Jr. & David Schleicher, Planning an Affordable City, 101 Iowa L. Rev. 91 (2015)

                                                                                                                      Karen Bradshaw Schulz & Dean Lueck, Contracting for Control of Landscape-Level Resources, 100 Iowa L. Rev. 2507 (2015)

                                                                                                                      Shitong Qiao & Frank Upham, The Evolution of Relational Property Rights: A Case of Chinese Rural Land Reform, 100 Iowa L. Rev. 2479 (2015)

                                                                                                                      Ruoying Chen, Invited Takings: Supermajority, Assembly Surplus, and Local Public Financing, 100 Iowa L. Rev. 2309 (2015)

                                                                                                                      Student Note:  Christopher Kaltsas, Harmony at the Farm: Rediscovering the "Community" in Community Supported Agriculture, 56 Wm. & Mary L. Rev. 961 (2015)

                                                                                                                      Troy A. Rule, Airspace in an Age of Drones, 95 B.U. L. Rev. 155, 155 (2015)

                                                                                                                      Katherine Levine Einstein, David M. Glick, Model Neighborhoods Through Mayors' Eyes Fifty Years After the Civil Rights Act, 95 B.U. L. Rev. 873, 873 (2015)

                                                                                                                      Student Note: Jordan A. Smith, Socialized Is Not A Dirty Word: The Only Just and Reasonable Method for Assigning the Costs of High-Voltage Interstate Transmission Lines Is to Socialize Them, 56 B.C. L. Rev. 841, 841 (2015)

                                                                                                                      Hari M. Osofsky & Hannah J. Wiseman, Hybrid Energy Governance, 2014 U. Ill. L. Rev. 1 (2014)

                                                                                                                      Stephen Clowney, Rule of Flesh and Bone: The Dark Side of Informal Property Rights, 2015 U. Ill. L. Rev. 59 (2015)

                                                                                                                      Student Note:  Alyssa Falk, As Easy As Shooting Fish in A Barrel? Why Private Game Reserves Offer A Chance to Save the Sport of Hunting and Conservation Practices, 2015 U. Ill. L. Rev. 1329 (2015)

                                                                                                                      Student Note:  Adam Riff, The Eminent Domain Path Out of A Public Pension Crisis, 37 Cardozo L. Rev. 307 (2015)

                                                                                                                      Anika Singh Lemar, Zoning As Taxidermy: Neighborhood Conservation Districts and the Regulation of Aesthetics, 90 Ind. L.J. 1525 (2015)

                                                                                                                      Student Comment:  Bryan M. Weynand, Placing the Seal on A Fractured Debate: How North Carolina Clarified Its Law of Hydraulic Fracturing and Can Strike the Right Balance with Preemption of Local Regulation, 93 N.C. L. Rev. 596 (2015)

                                                                                                                      Steve P. Calandrillo et. al., Making "Smart Growth" Smarter, 83 Geo. Wash. L. Rev. 829 (2015)

                                                                                                                      Student Comment:  Devra R. Cohen, Forever Evergreen: Amending the Washington State Constitution for A Healthy Environment, 90 Wash. L. Rev. 349 (2015)

                                                                                                                      Shannon M. Roesler, Federalism and Local Environmental Regulation, 48 U.C. Davis L. Rev. 1111 (2015)

                                                                                                                      Alexandra B. Klass, The Electric Grid at A Crossroads: A Regional Approach to Siting Transmission Lines, 48 U.C. Davis L. Rev. 1895 (2015)

                                                                                                                      Dave Owen & Colin Apse, Trading Dams, 48 U.C. Davis L. Rev. 1043 (2015)

                                                                                                                      Student Note:  Nicholas Whipps, What Happens When Species Move but Reserves Do Not? Creating Climate Adaptive Solutions to Climate Change, 66 Hastings L.J. 557 (2015)

                                                                                                                      Jason J. Czarnezki, New York City Rules! Regulatory Models for Environmental and Public Health, 66 Hastings L.J. 1621 (2015)

                                                                                                                      Student Note:  Rob Taboada, How Buildings Will Save the World:Using Building Energy Regulation and Energy Use Disclosure Requirements to Target Greenhouse Gas Emissions, 66 Hastings L.J. 519 (2015)

                                                                                                                      Sean F. Nolon, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government, 67 Fla. L. Rev. 171 (2015)

                                                                                                                      Rigel C. Oliveri, Single-Family Zoning, Intimate Association, and the Right to Choose Household Companions, 67 Fla. L. Rev. 1401 (2015)

                                                                                                                      Felix Mormann, Clean Energy Federalism, 67 Fla. L. Rev. 1621 (2015)

                                                                                                                      Bethany Berger et. al., Selected Proceedings of the Twentieth Annual Thomas R. Gallivan Jr. Conference-Kelo: A Decade Later, 47 Conn. L. Rev. 1433 (2015)

                                                                                                                      Student Comment:  Kristin N. Ward, The Post-Koontz Landscape: Koontz's Shortcomings and How to Move Forward, 64 Emory L.J. 129 (2014)

                                                                                                                      Brent T. White et. al., Urban Decay, Austerity, and the Rule of Law, 64 Emory L.J. 1 (2014)

                                                                                                                      John M. Golden & Hannah J. Wiseman, The Fracking Revolution: Shale Gas As A Case Study in Innovation Policy, 64 Emory L.J. 955 (2015)

                                                                                                                      Student Note:  David Libonn, From Cautionary Example to "City on A Hill": Revitalizing Saint Louis May Require an Innovative Regional Taxation Model, 91 Wash. U.L. Rev. 1035 (2014)

                                                                                                                      Alejandro E. Camacho, Going the Way of the Dodo: De-Extinction, Dualisms, and Reframing Conservation, 92 Wash. U.L. Rev. 849 (2015)

                                                                                                                      Judith V. Royster, Revisiting Montana: Indian Treaty Rights and Tribal Authority over Nonmembers on Trust Lands, 57 Ariz. L. Rev. 889, 889 (2015)

                                                                                                                      Student Note:  Greggary E. Lines, Hej, Not Hej då: Regulating Airbnb in the New Age of Arizona Vacation Rentals, 57 Ariz. L. Rev. 1163, 1163 (2015)

                                                                                                                      Christopher K. Odinet, Super-Liens to the Rescue? A Case Against Special Districts in Real Estate Finance, 72 Wash. & Lee L. Rev. 707 (2015)

                                                                                                                      Sarah Schindler, Unpermitted Urban Agriculture: Transgressive Actions, Changing Norms, and the Local Food Movement, 2014 Wis. L. Rev. 369 (2014)

                                                                                                                      Student Comment:  Joyce C. Williams, Blight Prevention: The Use of Eminent Domain to Condemn Underwater Mortgages in Wisconsin, 2014 Wis. L. Rev. 1231 (2014)

                                                                                                                      Sheila R. Foster, Breaking Up Payday: Anti-Agglomeration Zoning and Consumer Welfare, 75 Ohio St. L.J. 57 (2014)

                                                                                                                      Daniel E. Rauch & David Schleicher, Like Uber, but for Local Government Law: The Future of Local Regulation of the Sharing Economy, 76 Ohio St. L.J. 901 (2015)

                                                                                                                      Student Note:  Elizabeth R. Gorman, When the Poor Have Nothing Left to Eat: The United States' Obligation to Regulate American Investment in the African Land Grab, 75 Ohio St. L.J. 199 (2014)

                                                                                                                      Margot J. Pollans, Regulating Farming: Balancing Food Safety and Environmental Protection in A Cooperative Governance Regime, 50 Wake Forest L. Rev. 399 (2015)

                                                                                                                      December 22, 2015 | Permalink | Comments (0)

                                                                                                                      How to solve the San Francisco growth riddle? The Bay Area Council gives it a try.

                                                                                                                      The Bay Area Council has a long history of planning for the San Francisco region from the boardroom; it is one of the more important business-led planning efforts for any region in the country.  The Council recently released a report, A Roadmap for Economic Resilience:  The Bay Area Regional Economic Strategy.  Although a bit wonkish (not a problem in my book), the report proposes a number of steps to resolve some of the Bay Area's more vexing growth problems.  You may not agree with everything in the report, but it is far more enlightened that the usual conversation you will hear about the Bay Area, its housing crisis, and the rise of Tech.  Here are the report's take-aways:

                                                                                                                      1. The Bay Area needs to facilitate best-in-class infrastructure investment to support the growth of the regional economy.

                                                                                                                      Restructure the financing of public infrastructure through the creation of an empowered regional planning, finance, and management entity.
                                                                                                                      • Reform existing public institutions. New mechanisms and processes are needed to expedite critical infrastructure development.
                                                                                                                      • Give the empowered regional entity authority to gain financial support. Funding tools such as expanded tolling on bridges, highway corridors, and express lanes can be leveraged and allocated to key projects.
                                                                                                                      • Drive project delivery. Improve efficiency in the planning and permitting of infrastructure development. Facilitating public-private partnerships can be helpful, as private sector capital and management expertise can deliver superior value for the public.
                                                                                                                      Develop new sources of traditional and alternative finance to augment public resources.
                                                                                                                      • Bring a regional funding mechanism to the voters. There is opportunity for a realignment of tax structures related to transportation in the region. A shared regional sales tax, gas tax, or vehicle license fee can supplement existing county transportation sales tax measures.
                                                                                                                      • Prioritize spending on key regional infrastructure. Projects such as the connection of BART to San Jose, Highway 101 and Caltrain corridor improvements, a new transbay BART tube, and expanded water transit services should have access to shared regional funds.
                                                                                                                      2. High housing costs in the Bay Area have reached a crisis level, and regional policies need to address this issue by incenting sustainable growth and combating resistance to development.
                                                                                                                      Build sufficient housing stock to meet the demands of a growing regional population and help to fill historic deficits.
                                                                                                                      • The Regional Housing Needs Allocation (RHNA) process needs real teeth. Connecting state and regional government transportation funding allocations to housing production goals can provide an incentive for cities to meet their RHNA obligations. Actual housing production needs to be consistent with local and regional plans within a reasonable timeframe. Otherwise there need to be real consequences. such as loss of local approval authority, state mandated “by right” approvals of housing projects, the creation of more “by right” zoning districts, or the creation of a regional hearing body to approve housing developments.
                                                                                                                      • The Bay Area must expand the stock of secondary units or “in-law” units. Legislation should be drafted to expand and simplify approval of “in-law” or Accessory Dwelling Units (ADUs) so more density can be accommodated throughout residential areas in the region, not just on large development sites. A regional fund should be created to help homeowners finance ADU projects.
                                                                                                                      • The fiscalization of municipal land use decisions needs to change. Current tax policy encourages local governments to zone for commercial over residential land uses and must be modified to expand sites for housing.
                                                                                                                      Reduce the cost of new home construction across the Bay Area.
                                                                                                                      • Encourage streamlined approvals for lower-cost construction types and new building technologies.Streamlining building permitting and codes to allow for mid-rise vs. high-rise and for new innovations in construction, such as Factory Built Housing, can lower building costs.
                                                                                                                      • Cap impact fees region-wide. The impact fees assessed by cities on new housing are increasingly preventing construction, and new options should be explored for funding community infrastructure so that the costs of promoting livable communities and affordable housing are shared among both existing and new residents.
                                                                                                                      • Reform the California Environmental Quality Act (CEQA). CEQA litigation has become a significant barrier to infill development. A CEQA exemption for new home construction meeting transit-oriented development goals should be created to limit costly lawsuits.

                                                                                                                      3. The region’s economic development requires focus and a regional perspective.

                                                                                                                      Create the Bay Area Regional Economic Development Partnership, a regional body that would sustain the Bay Area’s global economic competitiveness.
                                                                                                                      • Create a platform for public-private collaborative action across jurisdictions on regional economic strategy. Creating consistent business permitting guidelines across jurisdictions and aggregating zoning, tax incentive, and local development plans can assist businesses looking to expand their operations in the Bay Area.
                                                                                                                      • Facilitate the growth of Bay Area companies within the region and support the entrance of new companies. A regional partnership could provide a unified voice for communicating the diversity of development opportunities in the region, internally and externally.
                                                                                                                      • Provide local governments with concrete planning and other support to unlock development potential. Due to limited resources, local governments often do not have the capacity to launch major projects that could be of significant benefit locally and regionally. For example, a regional partnership could offer planning and other resources to local development projects around transit hubs and former military bases.

                                                                                                                      4. The Bay Area requires regional collaborative action on workforce development in order to improve programming and funding efficiencies and better span the growing skills gap. 

                                                                                                                      Establish the Bay Area Collaboration on Workforce Development, a regional public-private collaborative to better connect employers’ skills needs and workforce training programs and improve resource alignment.
                                                                                                                      • Create a system for ongoing communication between the region’s employers and educator/training community. A collaboration of employers, educators, trainers, and other stakeholders can enable highly adaptive and cost-effective planning for competency development programs driven by the changing needs of employers.
                                                                                                                      • Provide public education and inform public policy. Inform the public and key stakeholders about current economic trends and promising certificates, credentials, and career pathways.

                                                                                                                      5. Lack of investment in the region’s aging and overcrowded transportation systems is undermining the Bay Area’s future prosperity. In addition, a lack of strong linkages across transit agencies inhibits a systemic approach to addressing the region’s growing and changing transportation needs.

                                                                                                                      Improve the efficiency of transportation systems in order to support the current economic growth cycle and prepare for the next.
                                                                                                                      • Align the region’s 26 transit agencies. A single Short Range Transit Plan for all regional transit services in the Bay Area would enhance regional planning for the transit system, which otherwise could only be accomplished through transit agency consolidation. Given the nature of growth, a regional super agency will be necessary in the long term.
                                                                                                                      • Utilize funds to implement Corridor Operation and Investment Plans. Collaborative planning will ensure that corridor operational and investment strategies are consistent and mutually supportive across jurisdictions in key transportation corridors.
                                                                                                                      • Create an Innovation Incentive Program. Funds should be set aside for grants to Bay Area transportation agencies, cities and counties that propose the most promising applications of technology, incentives, entrepreneurism, and market mechanisms to improve transportation performance.

                                                                                                                      December 22, 2015 | Permalink | Comments (0)

                                                                                                                      Monday, December 21, 2015

                                                                                                                      Does affordable housing affect nearby housing prices? It depends where you live.

                                                                                                                      Marketplace has the story:

                                                                                                                      But new research shows that the housing department may have been on to something. A study by Stanford GSB professors Rebecca Diamond and Tim McQuade shows that affordable housing development could be an effective policy to help revitalize and integrate low-income areas, Diamond says.

                                                                                                                      The two studied affordable housing projects’ impact on the surrounding neighborhoods over a 10-year span, and found that new projects in poorer neighborhoods increased surrounding home prices and reduced crime, while new projects in wealthier neighborhoods drove down home prices and decreased racial diversity.

                                                                                                                      “Perhaps counterintuitively, if you build in high-minority areas, it will actually attract higher-income homebuyers as well as non-minority homebuyers to the area,” McQuade says. “It can actually achieve to some extent a goal of integration.”



                                                                                                                      Listen here:


                                                                                                                      December 21, 2015 | Permalink | Comments (0)

                                                                                                                      January 12 in D.C.: HUD at 50: Creating Pathways to Opportunity

                                                                                                                      Register here.

                                                                                                                      Join HUD’s Office of Policy Development and Research on January 12 for a thought-provoking discussion exploring how HUD’s policies have evolved over the last 50 years and what direction they may take going forward. Following an update on U.S. housing market conditions, this Quarterly Update will delve into the key themes explored in HUD at 50: Creating Pathways to Opportunity, PD&R’s recently released publication that commemorates HUD’s 50th anniversary.

                                                                                                                      In the first of two moderated discussions, several of the book’s authors will cover a range of topics addressed in the book including HUD’s treatment of race and poverty; the rise, fall, and rebirth of cities; and how HUD’s work serves vulnerable populations. Then a second panel featuring HUD senior leadership will respond with what they, HUD’s thought leaders, expect will be the department’s focus in the future.

                                                                                                                      We invite you to participate in the event in person, via webcast or social media by following @HUDUSERnews and @PDRevents. We'll be tagging our updates with #HUDat50.

                                                                                                                      Opening Remarks

                                                                                                                      • Lynn M. Ross, Deputy Assistant Secretary for Policy Development

                                                                                                                      Update on U.S. Housing Market Conditions

                                                                                                                      • Kevin Kane, Chief Market Analyst, Policy Development and Research

                                                                                                                      Discussion: The Evolution of HUD’s Policies and Programs

                                                                                                                      • Erika Poethig, Institute Fellow and Director of Urban Policy Initiatives at the Urban Institute, Moderator
                                                                                                                      • Raphael Bostic, Judith and John Bedrosian Chair in Governance and the Public Enterprise at the University of Southern California’s Price School of Public Policy
                                                                                                                      • Ingrid Gould Ellen, Paulette Goddard Professor of Urban Policy and Planning at NYU’s Robert F. Wagner Graduate School of Public Service and Faculty Director of the NYU Furman Center
                                                                                                                      • Margery Turner, Senior Vice President for Program Planning and Management at the Urban Institute

                                                                                                                      Discussion: A Look at HUD’s Future Direction

                                                                                                                      • Katherine O’Regan, Assistant Secretary for Policy Development and Research, Moderator
                                                                                                                      • Lourdes M. Castro Ramirez, Principal Deputy Assistant Secretary for Public and Indian Housing
                                                                                                                      • Edward L. Golding, Principal Deputy Assistant Secretary for Housing — FHA Commissioner
                                                                                                                      • Harriet Tregoning, Principal Deputy Assistant Secretary for Community Planning and Development
                                                                                                                      • Gustavo Velasquez, Assistant Secretary for Fair Housing and Equal Opportunity


                                                                                                                      December 21, 2015 | Permalink | Comments (0)

                                                                                                                      Sunday, December 20, 2015

                                                                                                                      ABA seeks pro bono experts to work with Cambodia on Environmental Code, including sustainability and land use planning

                                                                                                                      This just came across the ABA International Law listserv; I thought it might interest some readers.  Cambodia is seeking pro bono legal advice on drafting environmental codes.  Of particular interest to readers of this blog, they list particular needs in the following:

                                                                                                                      • Development of sustainable cities and urban environments
                                                                                                                      • Urban land use, planning and zoning; traffic and transportation issues

                                                                                                                      Here is the full announcement:

                                                                                                                      Dear Members,

                                                                                                                      UNDP Cambodia has received a request from the Ministry of Environment of Cambodia for pro bono experts to provide technical inputs and advice in its process to create a new comprehensive Environmental Code. The Code will create a unifying legal framework for all matters pertaining to environmental protection and natural resources conservation. The Code will emphasize four pillars: environmental protection, biodiversity conservation, protection and management of cultural heritage, and environmental assessment.

                                                                                                                      Action Deadline: Send resumes to and Tep Neth, Deputy Manager, at Vishnu Law Group (  by Friday, January 8, 2016.  Please CC Kim Smaczniak (ABA SIL IELC Past-Chair, Rule of Law Vice-Chair) , at  

                                                                                                                      Please indicate your expertise area based on the attached need list. Those items highlighted in yellow indicate the highest areas of need.

                                                                                                                      For More Information: Please email Kim Smaczniak  at

                                                                                                                      The ABA SIL IEL committee would like to support this pro bono initiative. The Committee may be able to serve a coordinating role so that volunteers from our Committee can also share their work product with other members of the Committee for feedback before it is sent to the Cambodian Public Interest Law Group.

                                                                                                                      Download TOF UNDP Cambodia Environmental Code

                                                                                                                      December 20, 2015 | Permalink | Comments (0)

                                                                                                                      Saturday, December 19, 2015

                                                                                                                      Mulvaney on legislative exactions

                                                                                                                      Tim Mulvaney (Texas A&M) has a new article, Legislative Exactions and Progressive Property, which is forthcoming in the Harvard Environmental Law Review.  Here is the abstract:

                                                                                                                      Exactions — a term used to describe certain conditions that are attached to land-use permits issued at the government’s discretion — ostensibly oblige property owners to internalize the costs of the expected infrastructural, environmental, and social harms resulting from development. This Article explores how proponents of progressive conceptions of property might respond to the open question of whether legislative exactions should be subject to the same level of judicial scrutiny to which administrative exactions are subject in constitutional takings cases. It identifies several first-order reasons to support the idea of immunizing legislative exactions from heightened takings scrutiny. However, it suggests that distinguishing between legislative and administrative measures in this context could produce several second-order consequences that actually undercut the goals of progressive property theory.

                                                                                                                      December 19, 2015 | Permalink | Comments (0)

                                                                                                                      Thursday, December 17, 2015

                                                                                                                      Need a good read for winter break? Try a pick from Bodwell's Baker's Dozen

                                                                                                                      I'm an avid fiction reader.  And when I want to know what to read, I like to turn not to the usual sources but instead to my friend, Josh Bodwell, director of the Maine Writers & Publisher's Alliance.  For several years, Josh has been producing his "Bodwell's Baker's Dozen," which is not a collection of the best books published this year, but rather, the best books Josh read this year (most of which happen to be 2015 releases, though).   I'm reproducing Josh's 2015 Bodwell's Baker's Dozen below, and you can view the original here.  


                                                                                                                       2015 BODWELL’S BAKER’S DOZEN

                                                                                                                      THE LAST GOOD CHANCE
                                                                                                                      Tom Barbash

                                                                                                                      (Picador, 2002) Published almost exactly one year after 9/11, Tom Barbash’s debut novel The Last Good Chance traces the attempted by-any-means-necessary revitalization of Lakeland, a hardscrabble industrial town in upstate New York. Native son Jack Lambeau has returned to town after earning an Ivy-League education and being crowned an urban design visionary. He brings along his supportive but dissatisfied fiancée Anne, a painter. As the town’s development wears on and Lambeau compromises his vision and ethics, Steven Turner, a newspaper reporter he’s befriended, begins to investigate. Turner also happens to be sleeping with Anne. The novel is snowy and dark and often dark-humored. Barbash worked as a reporter in upstate New York and writes deftly about small town politics. Today, decaying mill towns across the country are so anxious to reinvent themselves and appease developers that community’s moral compasses seem to be either spinning or nonexistent. Reading this novel is evidence that Barbash saw this slippery slope a decade and a half ago.

                                                                                                                      THE STATE WE’RE IN: MAINE STORIES
                                                                                                                      Ann Beattie

                                                                                                                      (Scribner, 2015) 2015 was my Year of Beattie. Back in February I read Ann Beattie’s The State We’re In: Maine Stories, her first new short story collection in a decade, even though it wasn’t published until August. Then I re-read earlier Beattie short stories, some for the first time since my late teens/early twenties, when they made such a formative impact on me. Each week for months I immersed myself in Beattie reviews, interviews, and short stories in preparation to write “Once Something Is Said,” my profile of Beattie in the September/October edition of Poets & Writers magazine. Years ago, Margaret Atwood beautifully described a Beattie story as “a fresh bulletin from the front: we snatch it up, eager to know what’s happening out there on the edge of that shifting and dubious no-man’s-land known as interpersonal relations.” From the mordant humor of “The Little Hutchinsons” to the sly warmth of “Yancey” in The State We’re In: Maine Stories, Beattie remains a master storyteller I so admire as she continues to stretch out and evolve. I could write her about for 1000s of words. Oh wait, I did.

                                                                                                                      OUR SOULS AT NIGHT
                                                                                                                      Kent Haruf

                                                                                                                      (Knopf, 2015) I read Our Souls at Night with the sad knowledge it was the last novel Kent Haruf completed before his passing in late 2014. From the first page, Haruf’s already spare style is stripped to its very essence. I succumbed to the narrative momentum of these opening lines and read the book in one day: “And then there was the day when Addie Moore made a call on Louis Waters. It was an evening in May just before full dark.” Addie asks Louis—who, like her, is widowed and in his 70s—“I wonder if you would consider coming to my house sometimes to sleep with me.” And so begins their relationship: not out of sex but of companionship and conversation and comfort. Haruf’s final short novel was written after his diagnosis of lung cancer and is almost fable-like in its pureness and simplicity. We have lost a writer of massive empathy who had the courage to court tenderness and, yes, sentimentality.

                                                                                                                      THE BOOK OF UNKNOWN AMERICANS
                                                                                                                      Cristina Henríquez

                                                                                                                      (Knopf, 2014) The chorus of voices and life-stories in Christina Henríquez’s second novel The Book Unknown Americans is held in harmony by its two central characters and their families. The Riveras bring their beautiful teenage daughter Maribel from Mexico to Delware to receive treatment for a brain injury. The Toros, neighbors in the Riveras’ new apartment complex, arrived years before from Panama, and their son Mayor falls immediately in love with Maribel. The novel’s chapters hop between first-person reminiscences of the apartment complex’s Latin American residents. One character wryly observes that while amongst themselves, the neighbors hailing from countries such as Mexico, Panama, Guatemala, Paraguay, Nicaragua, and Venezuela sometimes struggle to find common cultural ground, to the white Americans who observe them, they’re all the same, all just “brown people.” This is a novel of families—the ones we’re born with and the ones we create—and the lengths we’ll go to for them.

                                                                                                                      MAN IN PROFILE: JOSEPH MITCHELL OF THE NEW YORKER
                                                                                                                      Thomas Kunkel

                                                                                                                      (Random House, 2015) When the nattily dressed North Carolina native Joseph Mitchell first ascended to a coveted staff position at the New Yorker in 1939, he turned out work at the same pace he had as a reporter for the New York Herald Tribune; in 1939 alone he published thirteen pieces. And then came a shift. Mitchell spent longer and longer walking the city to gather his stories. When he finally wrote, he sought perfection. Throughout the 1950s, Mitchell filed just five stories. But his carefully wrought long-form nonfiction—pieces such as “McSorley’s Wonderful Saloon,” “Professor Sea Gull,” and its sequel “Joe Gould’s Secret”—were such a fresh take on the form that John McPhee would later quip: “When the New Journalists came ashore, Joe Mitchell was there on the beach to greet them.” Yes, the last thirty years of his life were spent struggling to write anything he felt worthy of publication, but insight into Mitchell’s empathetic reportage and crystalline prose—along with his loving 50-year marriage to photographer Therese Jacobsen and close friendship with the Rabelaisian A. J. Liebling—are the real reasons to read this biography.

                                                                                                                      CROW FAIR
                                                                                                                      Thomas McGuane

                                                                                                                      (Knopf, 2015) When Thomas McGuane’s early novels—such as The Sporting Club (1969) and Ninety-Two in the Shade (1973)—burst onto the scene, they were celebrated for their loose, rambunctious, and comic language. In the 1980s his work began to shift. The stories in Crow Fair are his tightest, quietest, and most spare to date. But the humor, thankfully, is still there. While “Hubcaps” is my favorite of the collection, “Prairie Girl” might have the funniest opening line of the year: “When the old brothel—known as the Butt Hut—closed down, years ago, the house it had occupied was advertised in the paper: “Home on the river: eight bedrooms, eight baths, no kitchen. Changing times force sale.” McGaune recently told an interviewer, “It took me a long time to know enough about writing to really write short stories…Novels are a very flexible, accommodating form. Short stories aren’t.”

                                                                                                                      John McPhee

                                                                                                                      (FSG, 1967) In September of this year, John McPhee published the wonderful essay “Writing by Omission” in the New Yorker, where he has been a staff writer since 1965. In the essay, McPhee cited his article “Oranges” as one example of his ongoing writerly dilemma of what-to-leave-out while editing. The original draft was cut 85-percent by New Yorker editor Robert Bingham, though sections were painstakingly restored over a five day editing session with McPhee. The piece was still long enough to be serialized across two issues. The nonfiction master soon restored more of the article for the 1967 book version, also titled simply Oranges. There are few nonfiction writers who can pack as much information into effortlessly readable sentences as McPhee. He guides us through primeval orange groves and onto factory floors for an explanation of the Food Machinery Corporation’s “short-form extractor.” McPhee seems to possess a bottomless pool of curiosity and his writing renders that curiosity contagious.

                                                                                                                      DO I OWE YOU SOMETHING?
                                                                                                                      Michael Mewshaw

                                                                                                                      (LSU Press, 2013) Not long after I met the novelist, memoirist, and journalist Michael Mewshaw at the Key West Literary Seminar this past January, he visited Maine to talk about and read from his newest book, Sympathy for the Devil: Four Decades of Friendship with Gore Vidal. Mewshaw is a smart, funny, and often self-effacing presenter. I devoured his Vidal book in two sittings. And then I did something rarely do: I just kept reading on a Mewshaw tear. His 2003 literary memoir Do I Owe You Something? is compulsively readable with a cast that includes James Dickey, William Styron, Robert Penn Warren, James Jones, Anthony Burgess, Paul Bowles, Graham Greene, Pat Conroy, and, of course, Vidal. After that I went on toLife for Death (1980), which is something of an overlooked masterpiece in the tradition of In Cold Blood. Mewshaw’s gifts for reportage and research merge perfectly with his novelist’s instincts to tell the story and aftermath of Wayne Dresbach, who, at 15 in 1961, killed his adoptive mother and father—the Dresbachs happened to be Mewshaw’s neighbors.

                                                                                                                      CLOSER ALL THE TIME
                                                                                                                      Jim Nichols

                                                                                                                      (Islandport Press, 2015) There is nothing flashy about the way Jim Nichols tells stories. And yet, his stories have within their quiet dignity a kind of propulsive readability. Nichols writes honestly about his mythological Maine in plain, patient prose that could border on folksy if not for the author’s compassion for his characters. It takes humility to write this way. Set in the fictional town of Baxter, Maine, in the years between World War II and the computer age, Closer All the Time traces the lives of damaged Vets, good-hearted drunks, clam poachers, broken boxers, damaged young boys, prop plane pilots, husbands and wives, single women, and others. They are all, each in their own way, people like the rest of us who struggle profoundly to understand their place in the world. At a moment in our culture when there appears to be no surplus of authenticity, Jim Nichols tells authentic stories without ego.

                                                                                                                      THE ROCKS
                                                                                                                      Peter Nichols

                                                                                                                      (Riverhead Books, 2015) The motivations of the characters in Peter Nichols’sThe Rocks, his second novel, are revealed via a unique narrative structure: backwards. The book begins in 2005, and in the first pages the two central characters—the once-married Lulu Davenport and Gerald Rutledge—tumble from a cliff to their deaths. From there, the novel runs backwards to 1948. Set predominately on sunny Mallorca, the crystalline Mediterranean ceaselessly glinting in the distance, The Rocks is rife with depravity and powered at times by a dark current. And yet—and yet—Gerald’s calm amidst the narrative’s maelstrom anchors and buoys the reader. In a scene of Gerald watching his young sleeping daughter, Nichols wrote my favorite sentence of the year: “He missed all the children she had once been—the eighteen-month-old, the three-year-old, the five-year-old, the smallness of her then, the whole weight of her against his shoulder when she was asleep—and he could only bear it because she grew into something more precious and extraordinary, more a necessary part of him, with the passage of time.”



                                                                                                                      LAST NIGHT AT THE LOBSTER
                                                                                                                      Stewart O’Nan

                                                                                                                      (Viking, 2007) While discussing favorite examples of American realism, my friend Monica gushed about Stewart O’Nan’s slim eleventh book (nearly a novella) Last Night at the Lobster. As usual, she didn’t steer me wrong. From its opening line (“Mall traffic on a gray winter’s day, stalled.”) O’Nan turns the last dinner service at a suburban mall Red Lobster into a sincere celebration of the quotidian. I don’t know how much time the author spent stalking Red Lobster chain,s but the descriptions of place and characters—especially our “hero,” the restaurant’s general manager, Manny DeLeon—feel so real it reads at times like a piece of well-reported and big-hearted journalism. I also thoroughly enjoyed O’Nan’s West of Sunset this year, his tender and lyrical fictionalization of F. Scott Fitzgerald’s final days lived out in Hollywood. After a slightly sluggish third-quarter section, the novel’s final quarter hits breathtaking beats with great authorial command.

                                                                                                                      AFTER THE PARADE
                                                                                                                      Lori Ostlund

                                                                                                                      (Scribner, 2015) On its surface, the narrative momentum of Lori Ostlund’s luminous debut novel follows forty-year-old Aaron Englund as he calls it quits with longtime partner Walter (many years his senior), moves from New Mexico to San Francisco, where he lives in a somewhat renovated basement garage (he still comes and goes via the garage door), and teaches in a second-rate ESL school. But Ostlund is a master of digression. At least half (if not more) of the book looks back at Aaron’s Midwest childhood and the makings of his stunted development, looks frankly at his monstrously abusive father and often kind but also unpredictable mother. The unforgettable cast also includes a well-read wheelchair-bound dwarf and a PI who runs a detective school across the hall from the ESL school. Ostlund is a writer of great humanity and has a gift for infusing the novel’s sometimes nearly unbearable sorrow with laugh out loud humor.

                                                                                                                      THE PARIS EDITION: 1927-1934
                                                                                                                      Waverly Root

                                                                                                                      (North Point Press, 1987) I only discovered the newspaperman-turned-food writer Waverly Root this year when my pal Don Lindgren, who owns Rabelais Books, mentioned him. When Don suggests a book or author, I try not to simply nod or just jot it down—it’s no mistake after all that Rabelais was named “the best cookbook shop in America” by Bon Appétit Magazine. Root is revered for his 1958 classic The Food of France, but his memoir The Paris Edition: 1927-1934 recounts the New England native’s days after WWI working as a reporter for the English-language Paris edition of the Chicago Tribune, a paper helmed by the tyrannical and eccentric Colonel McCormick. Hilarious, warm, and witty, Root offers a joyous but un-romanticized take on his life as an American in Paris during an extraordinary time. Root never met Hemingway, though Henry Miller makes a brief cameo while he worked as a less than stellar Tribuneproofreader.

                                                                                                                      December 17, 2015 | Permalink | Comments (0)

                                                                                                                      Recommendations for great campus master plans?

                                                                                                                      Hello hive mind.  In my non-academic role as a planning commissioner, I am currently reviewing a campus master plan for an urban university.  In general, the one I am reviewing looks pretty good; but I began to wonder if anyone knows of a great campus master plan--one preferably done recently, or at least more recently that Jefferson's plan for the University of Virginia.  I'd like to take a look at a few others.  Feel free to recommend great campus master plans in the comments below, or email me at millers <at> uidaho <dot> edu.

                                                                                                                      December 17, 2015 | Permalink | Comments (0)

                                                                                                                      Wednesday, December 16, 2015

                                                                                                                      Call for Proposals: June 10-11: Washburn Institute for Law Teaching and Learning: Real-World Readiness

                                                                                                                      CALL FOR PRESENTATION PROPOSALS


                                                                                                                      Institute for Law Teaching and Learning—Summer 2016 Conference

                                                                                                                      “Real-World Readiness”

                                                                                                                      June 10-11, 2016

                                                                                                                      Washburn University School of Law—Topeka, Kansas


                                                                                                                      The Institute for Law Teaching and Learning invites proposals for conference workshops addressing the many ways that law schools are preparing students to enter the real world of law practice. With the rising demands for “practice-ready” lawyers, this topic has taken on increased urgency in recent years.  How are law schools and law professors taking on the challenge of graduating students who are ready to join the real world of practicing attorneys?  Can we be doing more?

                                                                                                                      The Institute takes a broad view of educational practices that promote real-world readiness. Accordingly, we welcome proposals for workshops on incorporating such teaching techniques in doctrinal, clinical, externship, writing, seminar, hybrid, and interdisciplinary courses.  Workshops can address real-world readiness in first-year courses, upper-level courses, required courses, electives, or academic support teaching.  Workshops can present innovative teaching materials, course designs, curricular or program designs, etc.  Each workshop should include materials that participants can use during the workshop and also when they return to their campuses.  Presenters should model best practices in teaching methods by actively engaging the workshop participants. 

                                                                                                                      The Institute invites proposals for 60-minute workshops consistent with a broad interpretation of the conference theme. To be considered for the conference, proposals should be one single-spaced page (maximum) and should include the following information:

                                                                                                                      • the title of the workshop;
                                                                                                                      • the name, address, telephone number, and email address of the presenter(s);
                                                                                                                      • a summary of the contents of the workshop, including its goals and methods; and
                                                                                                                      • an explanation of the interactive teaching methods the presenter(s) will use to engage the audience.

                                                                                                                      The Institute must receive proposals by February 1, 2016. Submit proposals via email to Emily Grant, Co-Director, Institute for Law Teaching and Learning, at

                                                                                                                      Conference Details 

                                                                                                                      Schedule of Events:

                                                                                                                      Washburn University School of Law will host a welcome reception on the evening of Thursday, June 9, and the conference workshops will take place at the law school all day on Friday, June 10, and until the early afternoon on Saturday, June 11.

                                                                                                                      Travel and Lodging:

                                                                                                                      Topeka is about 75 minutes away from the Kansas City airport (MCI). You may wish to rent a car at MCI for the drive to Topeka. There are a few shuttle services available, if you’d like to explore those options ( and

                                                                                                                      A block of hotel rooms will be reserved for a discounted rate at the Ramada Topeka Downtown Hotel and Convention Center.


                                                                                                                      The conference fee for participants is $450, which includes materials, meals during the conference (two breakfasts and two lunches), and a welcome reception on Thursday evening, June 9, 2016. The conference fee for presenters is $350.

                                                                                                                      For more information, please visit our website ( or contact any one of the ILTL Co-Directors:

                                                                                                                      Professor Emily Grant



                                                                                                                      Associate Dean Sandra Simpson



                                                                                                                      Professor Kelly Terry



                                                                                                                      December 16, 2015 | Permalink | Comments (0)

                                                                                                                      Kochan on marijuana land use controls

                                                                                                                      Donald Kochan (Chapman) has an interesting new article, Incumbent Landscapes, Disruptive Uses: Perspectives on Marijuana-Related Land Use Control, forthcoming in Texas A&M's Journal of Property Law.  Here is the abstract: 


                                                                                                                      The story behind the move toward marijuana’s legality is a story of disruptive forces to the incumbent legal and physical landscape.  It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the push for relaxation of illegality and adaptation to accepting new marijuana-related land uses, against efforts toward entrenchment, resilience, and resistance to that disruption.

                                                                                                                      This Article is entirely agnostic on the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs.  Nonetheless, we must grapple with the fact that many jurisdictions are embracing a type of “legality innovation” regarding marijuana.  I define “legality innovation” as that effect which begins with the change in law that leads to the development of the lawful relevance of, lawful business regarding, and legal use for a newly-legal product, the successful deployment of which depends on the relative acceptance of the general public which must provide a venue for its operations along with the relative change in the consuming public’s attitudes as a result of the introduction of legality.

                                                                                                                      Marijuana-related land uses are and will be controversial.  Regulatory responses, neighborhood disputes, permit battles, and opposition coalitions are all predictable both as a matter of logical analysis in light of legal standards but also, very importantly, due to the lessons of history with similarly-situated, precursor land uses like liquor stores, adult entertainment, bars, nightclubs, massage parlors, and the like leading the way.  The Article also discusses the role of incumbent interests groups in shaping the new marijuana-related regulatory structure, including revealing Baptist and bootlegger coalitions that exist to oppose relaxation of marijuana laws and thwart land use successes of the marijuana industry in order to maintain their incumbent value or profit position.  Finally, the Article engages with the growing literature in the social sciences on place and space, examining how the spaces and places we inhabit and in which we conduct our business and social affairs are necessarily impacted whenever legality innovations like we are seeing with marijuana work to disrupt the incumbent landscape.

                                                                                                                      December 16, 2015 | Permalink | Comments (0)

                                                                                                                      Wednesday, December 9, 2015

                                                                                                                      Property rights in an ISIS city

                                                                                                                      Planet Money had a great episode recently detailing a smuggled-out city budgeting document for a Syrian city that has now fallen to ISIS, the terror organization.  It turns out that ISIS runs its civil operations with an administrative precision.  The line item that caught my ear was "confiscations"--the taking of real and personal private property of the city's residents--to fund the city's operation.  According to the report, some 40% of the city budget under ISIS derived from such confiscations.  One town's confiscations to make the city budget:  17 houses, 80 cars, 36 trucks, land, cigarettes, and sheep.

                                                                                                                      Oh, and by the way, you need a permit to loot antiquities in an ISIS jurisdiction.  For that, ISIS might set a new standard for licensure and taxes in lawless behavior.

                                                                                                                      Quite remarkable.  The detailed discussion of the city budget begins around Minute 9:00.



                                                                                                                      December 9, 2015 | Permalink | Comments (0)

                                                                                                                      Friday, December 4, 2015

                                                                                                                      Airbnb releases data on New York City operations

                                                                                                                      From the New York Times:

                                                                                                                      The new data set released on Tuesday, which is made available only by making an appointment to visit Airbnb’s New York City office, shows that a majority of New York City hosts do not have large numbers of properties to rent out. From November 2014 until November 2015, some 75 percent of revenue earned by active hosts in New York City who share their entire home came from people who have only one or two rental listings on the platform. Over 2015 to 2016, Airbnb projects that number will rise to 93 percent. The typical annual host income is roughly $5,110, according to the data.

                                                                                                                      Full article here.


                                                                                                                      December 4, 2015 | Permalink | Comments (0)

                                                                                                                      Tuesday, December 1, 2015

                                                                                                                      Vice-Chair of Dallas City Plan Commission Refused Boarding on Virgin America Flight

                                                                                                                      Once in a while a "news of the weird" item with a land use angle appears in my Facebook feed.  Yesterday the New York Times reported that prominent Dallas lawyer and Vice-Chair of the Dallas City Plan Commission was denied boarding on a Virgin America flight at LaGuardia, ostensibly because he cut off a member of the crew in a revolving door when entering the airport.  Apparently airline crew have broad discretion to deny boarding on flights. There's been some speculation that Robert B. Abtahi, who is Iranian-American, was racially profiled. But Virgin America has apologized and offered Mr. Abtahi free flights, which he has passed along to the Human Rights Initiative of North Dallas.

                                                                                                                      I'm sure Mr. Abtahi would rather be famous for his lawyering skills, his advocacy for refugees, or his call for civility in Dallas local politics. But, as his Twitter feed shows, he seems to have handled the whole incident with class.

                                                                                                                      Jamie Baker Roskie

                                                                                                                      December 1, 2015 | Permalink | Comments (0)

                                                                                                                      Land use articles posted to SSRN in November

                                                                                                                      It's the first of the month, which means it is time to see what land use-related articles has been posted to SSRN's Land Use, Property and Real Estate eJournal in November.  As always, the list is in reverse-chronological order; the articles at the top of the list were those posted at the end of the month.  (I have purposefully removed the number of downloads as ranking for these monthly lists because that is meaningless where some articles have been available for a month and others for just a few days.)  I also continue to divide the list into U.S. authors and non-U.S. authors based solely upon self-identified institution; I make no effort to further refine this divide based on content of the article.  Finally, I compile this list quickly; if I have inadvertently missed an article of yours that you would like to publicize, do not be bashful about contacting me and I'd be happy to post it.

                                                                                                                      Without further ado, here is this month's reading list...

                                                                                                                      Authors based at U.S. institutions:

                                                                                                                       Improving Emerging Regulatory Experiments in Permit Process Coordination for Endangered Species and Aquatic Resources in California
                                                                                                                      Environmental Law Reporter, February, 2016 Forthcoming, UC Irvine School of Law Research Paper No. 2015-90
                                                                                                                      Alejandro E. Camacho Elizabeth M. Taylor Melissa L. Kelly and Stephanie L. Talavera 
                                                                                                                      University of California Irvine School of Law , University of California, Irvine School of Law , University of California, Irvine School of Law and UC Irvine, School of Law, Center for Land, Environment, and Natural Resources 

                                                                                                                       Planner Beware: A Peculiar Exception to Traditional Texas Community Property Rules
                                                                                                                      Nikki Laing 
                                                                                                                      Capshaw Green, PLLC 

                                                                                                                       Reflections on Calgary's Spatial Structure: An Urban Economist’s Critique of Municipal Planning in Calgary
                                                                                                                      SPP Research Paper No. 8-35
                                                                                                                      Richard J. Arnott 
                                                                                                                      Boston College 

                                                                                                                       Trends in Private Land Conservation: Increasing Complexity, Shifting Conservation Purposes and Allowable Private Land Uses
                                                                                                                      Land Use Policy 51, 76–84 (2016 Forthcoming), 
                                                                                                                      Jessica Owley and Adena R. Rissman 
                                                                                                                      State University of New York (SUNY) at Buffalo - Law School and University of Wisconsin-Madison 

                                                                                                                       An Empirical Study of Modification and Termination of Conservation Easements: What the Data Suggest About Appropriate Legal Rules
                                                                                                                      NYU Environmental Law Journal, Vol. 24, No. 1, 2016
                                                                                                                      Gerald Korngold Semida Munteanu and Lauren E. Smith 
                                                                                                                      New York Law School , Lincoln Institute of Land Policy and London Fischer LLP 

                                                                                                                       The Oklahoma Wind Energy Development Act, as Amended. The Impact of the Amendments; Comparing and Contrasting Multiple Guidelines and, Other Persuasive Jurisdictions with Specific Emphasis to Oklahoma
                                                                                                                      Robert Ongom Cwinya-ai 
                                                                                                                      Port of New Orleans Legal Office 

                                                                                                                       Prior Appropriation: A Reassessment
                                                                                                                      Water Law Review, Vol 18, No. 2, 2015
                                                                                                                      Lawrence J. MacDonnell 
                                                                                                                      University of Colorado Law School 

                                                                                                                       Preservando La Propiedad a Través Del Poder De Lo Colectivo: Lecciones Para Barcelona (Preserving Homeownership Through the Power of the Collective: Lessons for Barcelona)
                                                                                                                      297 Revista de Derecho Urbanístico y Medio Ambiente 31 (2015),
                                                                                                                      Julie D. Lawton 
                                                                                                                      DePaul University - College of Law 

                                                                                                                       Who is My Client? Client-Centered Lawyering with Multiple Clients
                                                                                                                      22 Clinical L. Rev. 145 (2015)
                                                                                                                      Julie D. Lawton 
                                                                                                                      DePaul University - College of Law 
                                                                                                                       Planning an Affordable City
                                                                                                                      Iowa Law Review, Vol. 101, pp. 91-136, 2015
                                                                                                                      David Schleicher and Roderick M. Hills, Jr. 
                                                                                                                      Yale University - Law School and New York University School of Law 

                                                                                                                       Common Property Resources and the Law
                                                                                                                      Partners for Law in Development (PLD) 

                                                                                                                       Modifying Mortgage Discrimination in Consumer Bankruptcy
                                                                                                                      Arizona Law Review, Vol. 57, 2015
                                                                                                                      Abbye Jo Atkinson 
                                                                                                                      Stanford Law School 

                                                                                                                       Assessing the Impacts of Climate Change on the Built Environment: A Framework for Environmental Reviews
                                                                                                                      Environmental Law Reporter, November 2015, Columbia Sabin Center for Climate Change Law Research Paper
                                                                                                                      Jessica A. Wentz 
                                                                                                                      Columbia University - Sabin Center for Climate Change Law 

                                                                                                                       The Illusion of Fiscal Illusion in Regulatory Takings
                                                                                                                      Bethany Berger 
                                                                                                                      University of Connecticut School of Law 

                                                                                                                       Towards an Urban Land Resource Curse? A Fresh Perspective on a Long-Standing Issue
                                                                                                                      Dieter Zinnbauer 
                                                                                                                      Transparency International - International Secretariat 

                                                                                                                       High-Volume Accuracy: An Empirical Look at an Inquisitorial Experiment
                                                                                                                      GWU Law School Public Law Research Paper No. 2015-48, GWU Legal Studies Research Paper No. 2015-48
                                                                                                                      Jessica Steinberg 
                                                                                                                      George Washington University - Law School 

                                                                                                                       Disparate Impact and Integration: With TDHCA v. Inclusive Communities the Supreme Court Retains an Uneasy Status Quo
                                                                                                                      Journal of Affordable Housing and Community Development Law, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2015-26
                                                                                                                      Rigel Christine Oliveri 
                                                                                                                      University of Missouri School of Law 

                                                                                                                       Convergence and Divergence: The Treatment of Certain Aspects of Real Property Under the Civil Codes of Qatar and California
                                                                                                                      International Review of Law (Qatar), No. 7, 2015, Thomas Jefferson School of Law Research Paper No. 2687603
                                                                                                                      Aaron Schwabach 
                                                                                                                      Thomas Jefferson School of Law 

                                                                                                                       Foreword: The Future of Federalism, from the Bottom Up
                                                                                                                      76 Mont. L. Rev. 1 (2015)
                                                                                                                      Anthony Johnstone 
                                                                                                                      University of Montana School of Law 

                                                                                                                       California Supreme Court Unanimously Upholds Inclusionary Zoning as Land Use Regulation and Not an Exaction
                                                                                                                      38 California Real Property Law Reporter 116, 2015
                                                                                                                      Tim Iglesias 
                                                                                                                      University of San Francisco - School of Law 

                                                                                                                       Property Rebels: Reclaiming Abandoned Bank-Owned Homes for Community Uses
                                                                                                                      American University Law Review, Vol. 65, Issue 2, Forthcoming, Howard Law Research Paper No. 15-7
                                                                                                                      Valerie Schneider 
                                                                                                                      Howard University School of Law 

                                                                                                                       Somewhat at Sea: Public Use and Third-Party Transfer Limits in Two US States
                                                                                                                      Rethinking Expropriation Law I: Rethinking Public Interest in Expropriation (Björn Hoops et al. eds., Eleven Int’l Publ’g 2016, Forthcoming, 
                                                                                                                      John A. Lovett 
                                                                                                                      Loyola University New Orleans College of Law 

                                                                                                                       Eminent Domain: A Legal and Economic Critique
                                                                                                                      7 U. Md. L.J. Race, Religion, Gender & Class 140 (2007)
                                                                                                                      Nadia E. Nedzel and Walter E. Block 
                                                                                                                      Southern University Law Center and Loyola University New Orleans - Joseph A. Butt, S.J. College of Business 

                                                                                                                       Reviving Protection for Private Property: A Practical Approach to Blight Takings
                                                                                                                      Michigan State Law Review, Vol. 2008, No. 995, 2008
                                                                                                                      Nadia E. Nedzel 
                                                                                                                      Southern University Law Center 

                                                                                                                       Popular Constitutionalism after Kelo
                                                                                                                      George Mason Law Review, Vol. 23, No. __, 2016 Forthcoming
                                                                                                                      Josh Blackman 
                                                                                                                      South Texas College of Law 

                                                                                                                       The Ibanez Property Ring: A Surprising Hidden Story Behind a Significant Foreclosure Lawsuit
                                                                                                                      Zachary K. Kimball 
                                                                                                                      Harvard Law School 

                                                                                                                      Authors based at non-U.S. institutions:

                                                                                                                       Ownership and Exclusivity: Two Visions, Two Traditions
                                                                                                                      American Journal of Comparative Law, Forthcoming
                                                                                                                      Benjamin Porat 
                                                                                                                      Hebrew University of Jerusalem - Faculty of Law 

                                                                                                                       The Numerus Clausus of Property Rights
                                                                                                                      M. Graziadei and L. Smith, eds., Comparative Property Law: Global Perspectives, Cheltenham: Edward Elgar, 2016, Maastricht Faculty of Law Working Paper No. 2015/10
                                                                                                                      Bram Akkermans 
                                                                                                                      Maastricht University - Maastricht European Private Law Institute (M-EPLI) 

                                                                                                                       On the Efficiency of the Common Law: An Application to the Recovery of Rewards
                                                                                                                      European Journal of Law and Economics, Forthcoming
                                                                                                                      Anthony Niblett 
                                                                                                                      University of Toronto - Faculty of Law 

                                                                                                                       Warsaw Rebuilt: Incorporating Affordable Housing by Design
                                                                                                                      Studia Luridica (University of Warsaw), October 2015
                                                                                                                      Julie D. Lawton 
                                                                                                                      DePaul University - College of Law 

                                                                                                                       Recent Trends in Regional and National Case Law on Environmental Rights, Access to Justice and Obligation to Protect the Environment Against Oil Pollution and Gas Flaring in Nigeria
                                                                                                                      Muhammed Tawfiq Ladan 
                                                                                                                      Ahmadu Bello University 

                                                                                                                       The Challenges of Private Law
                                                                                                                      Hanoch Dagan 
                                                                                                                      Tel Aviv University - Buchmann Faculty of Law 

                                                                                                                       The Capacity of Property Rights to Accommodate Social-Ecological Resilience
                                                                                                                      Ecology and Society 18(1): 6, 2013, DOI: 10.5751/ES-05292-180106
                                                                                                                      Richard Alan Barnes 
                                                                                                                      University of Hull 

                                                                                                                       The Many Land Acquisition Laws of Zanzibar: Is There an Innermost Objective?
                                                                                                                      Paper presented at International Conference on Advanced Research in Business and Social Sciences 2015, 2nd to 3rd September, 2015, Kuala Lumpur Convention Centre, Malaysia
                                                                                                                      Abdul-Nasser Hamed Hikmany 
                                                                                                                      International Islamic University of Malaysia (IIUM), Students 

                                                                                                                       Navigating Legal Rights in Spatial Media
                                                                                                                      Forthcoming, 2016, in Kitchin, Lauriault & Wilson, eds. Understanding Spatial Media, Sage Publications.
                                                                                                                      Teresa Scassa 
                                                                                                                      University of Ottawa - Common Law Section 

                                                                                                                       Legal Issues of Land Acquisition in Zanzibar
                                                                                                                      Abdul-Nasser Hamed Hikmany Sharifah Zubaidah Abdul Kader and Ahmad Azam Othman 
                                                                                                                      International Islamic University of Malaysia (IIUM), Students , International Islamic University Malaysia and International Islamic University of Malaysia (IIUM) 

                                                                                                                       Acquisition of Ownership of Real Property by Contract in Serbian Law – Departing from the Titulus-Modus System?
                                                                                                                      Annals of University of Belgrade School of Law, 2015
                                                                                                                      Milos Zivkovic 
                                                                                                                      University of Belgrade - Faculty of Law 

                                                                                                                       Confirming Torrens Orthodoxy: The High Court Decision in Cassegrain v Gerard Cassegrain & Co Pty Ltd
                                                                                                                      A later version of this article was published in (2015) 24(1) Australian Property Law Journal 211, UWA Faculty of Law Research Paper No. 2015-12
                                                                                                                      Penny Carruthers and Natalie Kym Skead 
                                                                                                                      University of Western Australia - Faculty of Law and University of Western Australia - Faculty of Law 

                                                                                                                      Negotiating Conduct and Compensation Agreements for Coal Seam Gas Operations: Developing the Queensland Regulatory Framework
                                                                                                                      L Boulle, T Hunter, M Weir and K Curnow, 'Negotiating Conduct and Compensation Agreements for Coal Seam Gas Operations: Developing the Queensland Regulatory Framework' (2014) 17(1) Australasian Journal of Natural Resources Law and Policy 75-100, University of Queensland TC Beirne School of Law Research Paper
                                                                                                                      Laurence Boulle Tina Hunter Michael Weir and Katherine A Curnow 
                                                                                                                      Independent , Independent , Independent and T.C. Beirne School of Law, The University of Queensland 

                                                                                                                       Systems of Public Ownership
                                                                                                                      in Michele Graziadei - Lionel Smith, eds., Comparative Property Law: A Research Handbook, Edward Elgar, (2016), Forthcoming 
                                                                                                                      Giorgio Resta 
                                                                                                                      Università degli Studi di Roma Tre, Law Department 

                                                                                                                      December 1, 2015 | Permalink | Comments (0)

                                                                                                                      Is Uber a "disruptive innovation"? Clayton Christensen says no.

                                                                                                                      The theory of "disruptive innovation," which was first announced by Harvard Business School professor Clayton Christensen in 1995, has become the talk of the town.  It has become especially prominent in land use circles with the rise of sharing economy uses such as Uber and Airbnb that are redefining how cities operate.  The question, though, is whether Christensen's theory of disruption is properly applied to the rise of the sharing economy; on a broader scale, the theory of disruption has become so hot that people seem to be applying it to everything.  Are they doing so correctly?

                                                                                                                      In a new article out in this month's edition of the Harvard Business Review, Christensen and several colleagues crystallize, and in part, revise, the original theory of disruptive innovation on this its 20th anniversary.  It is an important read for those that want to keep up to date on how new on-demand technologies are affecting how we use personal and real property and the commensurate regulation of those enterprises.  

                                                                                                                      Here is an excerpt from the article:

                                                                                                                      First, a quick recap of the idea: “Disruption” describes a process whereby a smaller company with fewer resources is able to successfully challenge established incumbent businesses. Specifically, as incumbents focus on improving their products and services for their most demanding (and usually most profitable) customers, they exceed the needs of some segments and ignore the needs of others. Entrants that prove disruptive begin by successfully targeting those overlooked segments, gaining a foothold by delivering more-suitable functionality— frequently at a lower price. Incumbents, chasing higher profitability in more-demanding segments, tend not to respond vigorously. Entrants then move upmarket, delivering the performance that incumbents’ mainstream customers require, while preserving the advantages that drove their early success. When mainstream customers start adopting the entrants’ offerings in volume, disruption has occurred. (See the exhibit “The Disruptive Innovation Model.”)

                                                                                                                      Is Uber a Disruptive Innovation?

                                                                                                                      Let’s consider Uber, the much-feted transportation company whose mobile application connects consumers who need rides with drivers who are willing to provide them. Founded in 2009, the company has enjoyed fantastic growth (it operates in hundreds of cities in 60 countries and is still expanding). It has reported tremendous financial success (the most recent funding round implies an enterprise value in the vicinity of $50 billion). And it has spawned a slew of imitators (other start-ups are trying to emulate its “market-making” business model). Uber is clearly transforming the taxi business in the United States. But is it disrupting the taxi business? According to the theory, the answer is no. Uber’s financial and strategic achievements do not qualify the company as genuinely disruptive—although the company is almost always described that way. Here are two reasons why the label doesn’t fit.

                                                                                                                      Because the article is behind a paywall, I must cut the excerpt off there.  Here is the cite for those with access to HBR:  

                                                                                                                      CHRISTENSEN, CLAYTON M., MICHAEL RAYNOR, and RORY MCDONALD. "What Is Disruptive Innovation?." Harvard Business Review 93.12 (2015): 44-53. Business Source Premier. Web. 1 Dec. 2015.


                                                                                                                      December 1, 2015 | Permalink | Comments (0)