I have been teaching at numerous law schools since 2000, and have written
extensively on issues relating to urban and suburban development. 

Articles

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Against the Neighborhood Veto, Real Estate Law Journal (2015)

American zoning often gives neighborhoods eective veto power over nearby real estate development. This “neighborhood...

 

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Is An Apartment A Nuisance?, Real Estate Law Journal (2015)

In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute...

 

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No Parking Anytime: The Legality and Wisdom of Maximum Parking and Minimum Density Requirements (with Judd Schechtman), Washburn Law Journal (2015)

This article focuses on two aspects of smart growth policy that have thus far received...

 

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The (Somewhat) False Hope of Comprehensive Planning, University of Hawaii Law Review (2015)

Some commentators equate municipal comprehensive plans with "smart" growth (that is, development that considers the...

 

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Suburban Sprawl: Weaker but Still Alive, Real Estate Law Journal (2014)

Review of The End of the Suburbs, by Leigh Gallagher.

 

Op-Eds

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SEQRA vs. The Environment, The Suffolk Lawyer (2012)

SEQRA, a New York environmental law, requires the filing of an environmental impact statement when...

 

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Public Transit: Myth and Reality, Folio Weekly (2009)

Rebuts myth that public transit is inherently unpopular by pointing out that where development is...

 

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Keep It Local, Folio Weekly (2009)

Criticizes state-imposed limits on local taxation on the ground that state governments have no legitimate...

 

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A Tale of Two School Systems, Folio Weekly (2009)

Explains that suburban schools are more popular than urban schools primarily due to their more...

 

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How Dangerous Is Jacksonville?, Folio Weekly (2008)

Compares Jacksonville's murder rate with those of several other cities, using various techniques. Concludes that...

 

Works in Progress

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The (Somewhat) False Hope of Comprehensive Planning (2015)

Many commentators treat municipal comprehensive planning as necessary (or at least sufficient) for smart growth....

 

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The Criminalization of Walking (2015)

Because walking improves human health and reduces pollution, one might think that the law should...

 

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Yes to Infill, No to Nuisance, Fordham Urban L.J. (2015)

Criticizes attempts to use nuisance law to prevent infill development.

 

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How Environmental Review can Generate Pollution: a Case Study, ExpressO (2013)

State environmental review statutes often require state and local governments to draft an environmental impact...

 

Speeches

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Smart Growth-Oriented Density and Parking Regulations, Washburn School of Law Conference on "The Future of Housing: Equity, Stability and Sustainability" (2015)

Many articles have been written about pro-sprawl land use regulation, such as minimum parking requirements....

 

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Sprawl And The Law, Bloustein School of Planning and Public Policy, Rutgers University (2014)

Powerpoint used as basis for speech explaining legal issues related to suburban sprawl, focusing on...

 

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The (Somewhat) False Hope of Comprehensive Planning, New York Law School (2013)

Comprehensive planning at the municipal level, although useful in a variety of ways, is neither...

 

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How Comprehensive Planning Makes Suburbia More Sprawling, Making Cities Livable Conference (2013)

Many commentators associate comprehensive land use planning with smart growth- but in fact, municipal plans...

 

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The False Hope of Comprehensive Planning, Hofstra University ("From the Outside In: Sustainable Futures for Global Cities and Suburbs" conference) (2013)

Some commentators on sprawl and smart growth speak of municipal comprehensive plans and sprawl as...